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Original Date Announced
August 9, 2018Under new policy guidance, F, J, and M nonimmigrants who failed to maintain nonimmigrant status before August 9, 2018 will start accruing unlawful presence on August 9, 2018, unless they have already started accruing unlawful presence based on visa violations, a removal order, or an I-94 expiring. F and M nonimmigrants who fall out of status and timely file for reinstatement of that status will have their accrual of unlawful presence suspended while their application is pending. [ID #733]
USCIS Policy Memo (PM-602-1060): Accrual of Unlawful Presence and F, J, and M Nonimmigrants, May 10, 2018, Version for Public Comment USCIS Policy Memorandum 602-1060.1: Accrual of Unlawful Presence and F, J, and M NonimmigrantsEffective Date
August 9, 2018Subsequent Trump and Court Action(s)
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February 6, 2020
Guilford College v. Wolf: U.S. District Court Issues Permanent Nationwide Injunction Against Student Unlawful Presence Policy Memo
District Court enjoins enforcement of student unlawful presence memo.
View Document -
August 3, 2020
Guilford College v. Wolf: Fourth Circuit Grants Motion to Dismiss Appeal
The government withdraws its appeal of the District Court's injunction, and thus the 4th Circuit grants its motion to dismiss, thus keeping in place the permanent injunction.
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**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.** -
September 25, 2020
NPRM: Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media
ICE proposes to eliminate the duration of status period of admission for students and members of international media, and to instead admit such nonimmigrants for a fixed period of stay. This would have the same effect as the enjoined policy memo 602-1060, resulting in immediate accrual of unlawful presence.
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Biden Administration Action: Revoked/Replaced
July 6, 2021Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media
This Biden administration action revokes the proposed Trump-era policy that attempted to bypass the injunction against the policy identified in this entry.
In July 2021, DHS withdrew the proposed Trump-era ICE rule eliminating the availability of "duration of status" and providing a maximum period of authorized stay for certain categories of nonimmigrants traveling to the United States.
View DocumentCurrent Status
Not in effectMost Recent Action
July 6, 2021 Action: Revoked/Replaced Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information MediaJuly 6, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: In Litigation Enjoined/VacatedTrump Administration Action: Agency DirectiveSubject Matter: Non-Immigrant Visas: Student Non-Immigrant VisasAssociated or Derivative Policies
Pre Trump-Era Policies
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May 6, 2009
Under prior USCIS policy, F and J nonimmigrants who were admitted or present in Duration of Status started accruing unlawful presence on the day after USCIS formally found a nonimmigration status violation or on the day after an Immigration Judge ordered them removed, whichever came first. For F, J, and M nonimmigrants admitted until a certain date, unlawful presence started accruing on the date their Form I-94s expired or in the event of the aforementioned events, whichever came first.
USCIS Interoffice Memorandum Re: Consolidation of Guidance Concerning Unlawful Presence for Purposes of Sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the Act
Documents
Trump-Era Policy Documents
Biden Administration Policy Documents
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Commentary
Unlawful Presence Policy for J-1 Students
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