USCIS Changing Policy on Accrued Unlawful Presence by Nonimmigrant Students and exchange Visitors
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) posted a policy memorandum changing how the agency will calculate
unlawful presence for students and exchange visitors in F, J, and M
nonimmigrant status, including F-2, J-2, or M-2 dependents, who fail to
maintain their status in the United States.
This policy aligns with President Trump’s Executive
Order: Enhancing Public Safety in the Interior of the
“USCIS is dedicated to our mission of ensuring the integrity
of the immigration system. F, J, and M nonimmigrants are admitted to the
Individuals in F, J, and M status who failed to maintain
their status before
The day after DHS denied the request for an immigration
benefit, if DHS made a formal finding that the individual violated his or her
nonimmigrant status while adjudicating a request for another immigration
benefit;
The day after their I-94 expired; or
The day after an immigration judge or in certain cases, the
Board of Immigration Appeals (BIA), ordered them excluded, deported, or removed
(whether or not the decision is appealed).
Individuals in F, J, or M status who fail to maintain their
status on or after
The day after they no longer pursue the course of study or
the authorized activity, or the day after they engage in an unauthorized
activity;
The day after completing the course of study or program,
including any authorized practical training plus any authorized grace period;
The day after the I-94 expires; or
The day after an immigration judge, or in certain cases, the
BIA, orders them excluded, deported, or removed (whether or not the decision is
appealed).
Individuals who have accrued more than 180 days of unlawful
presence during a single stay, and then depart, may be subject to three-year or
10-year bars to admission, depending on how much unlawful presence they accrued
before they departed the
Those subject to the three-year, 10-year, or permanent
unlawful presence bars to admission are generally not eligible to apply for a
visa, admission, or adjustment of status to permanent residence unless they are
eligible for a waiver of inadmissibility or another form of relief.
This policy memorandum is updating Chapter 40.9.2 of
the USCIS Adjudicator’s Field Manual.
USCIS is accepting comments on the policy memorandum. The
30-day public comment period begins today and closes on
USCIS reminds F-1 students on Optional Practical
Training (OPT) that transferring to another school or beginning study at
another educational level (for example, beginning a master’s program after
completing a bachelor’s degree) automatically terminates their OPT as well as
their corresponding employment authorization document (EAD).
Although authorization to engage in OPT ends upon
transferring to a different school or changing educational level, students in
F-1 status will not be otherwise affected as long as they comply with all
requirements for maintaining their student status. These requirements include
not working with a terminated EAD, because termination means that students are
no longer authorized to work in the
Working in the