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USCIS changes policy on when F, J, and M nonimmigrants start accruing unlawful presence

  1. Date Announced

    Aug. 9, 2018

    Under 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]

    View Policy Document View Policy Document
  2. Effective Date of Change

    Aug. 9, 2018
  3. Subsequent Action

    February 6, 2020 Guilford College v. Wolf: U.S. District Court Issues Permanent Nationwide Injunction Against Student Unlawful Presence Policy Memo
  4. Subsequent Action

    August 3, 2020

    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.

    **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

    Guilford College v. Wolf: Fourth Circuit Grants Motion to Dismiss Appeal
  5. Subsequent Action

    September 25, 2020

    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.

    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
Type of Action: Agency Directive
Agencies Affected: ICE USCIS

Prior Policies

Subsequent Actions


Unlawful Presence Policy for J-1 Students

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