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

  1. Original Date Announced

    August 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]

    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 Nonimmigrants
  2. Effective Date

    August 9, 2018
  4. Biden Administration Action: Revoked/Replaced

    July 6, 2021

    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

    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 Document

Current Status

Not in effect
July 6, 2021
Acted on by Biden Administration

Original Trump Policy Status

Trump Administration Action: Agency Directive
Agencies Affected: ICE USCIS

Associated or Derivative Policies

Pre Trump-Era Policies


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