New Policy to Impact F, J, and M Visa Holders
May 22nd, 2018
On May 11, 2018, U.S. Citizenship and Immigration Services (“USCIS”) posted a proposed policy pertaining to F, J, and M visa holders for public comment. The proposed policy is in regards to the calculation of unlawful presence of those in student (F nonimmigrant), exchange visitor (J nonimmigrant), or vocational student (M nonimmigrant) status and their dependents while in the United States. Although the policy is open for public comment through June 11, 2018, USCIS has already announced the new policy is scheduled to take affect August 9, 2018.
USCIS’S new policy states:
F, J, or M Nonimmigrants Who Failed to Maintain Nonimmigrant Status before August 9, 2018
F, J, or M nonimmigrants who failed to maintain their nonimmigrant status before August 9, 2018 start accruing unlawful presence based on that failure on August 9, 2018, unless the nonimmigrant had previously been accruing unlawful presence on the earliest of the following:
- The day after USCIS denied the request for an immigration benefit, if USCIS made a formal finding that the alien violated his or her nonimmigrant status while adjudicating a request for another immigration benefit;
- The day after the Form I-94, Arrival/Departure Record, expired, if the F, J, or M nonimmigrant was admitted for a date certain; or
- The day after an immigration judge or, in certain cases, the Board of Immigration Appeals (“BIA”), ordered the alien excluded, deported, or removed (whether or not the decision is appealed).
F, J, or M Nonimmigrants Who Failed to Maintain Nonimmigrant Status on or after August 9, 2018
F, J, or M nonimmigrants begin accruing unlawful presence due to a failure to maintain status on or after August 9, 2018, on the earliest of any of the following:
- The day after the F, J, or M nonimmigrant no longer pursues the course of study or the authorized activity, or the day after he or she engages in an unauthorized activity;
- The day after completing the course of study or program (including any authorized practical training plus any authorized grace period, as outlined in 8 CFR § 214.2);
- The day after the Form I-94 expires, if the F, J, or M nonimmigrant was admitted for a date certain; or
- The day after an immigration judge or, in certain cases, the BIA orders the alien excluded, deported, or removed (whether or not the decision is appealed)
If you are in F, J, or M status, it is imperative that you ensure you are maintaining lawful status. Failure to do so could jepordize your ability to obtain lawful presence in the future.
For more information
This blog post does not serve as legal advice and does not establish any client-attorney privilege. If you have any questions, please do not hesitate to contact our legal team directly.
Find us on LinkedIn.
Categories: Immigration News