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USCIS Issues Revised Final Guidance on Unlawful Presence for Students and Exchange Visitors

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Pasricha & Patel

USCIS has revised its final guidance on unlawful presence for students and exchange visitors by stating that F and M nonimmigrant students 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 still pending with the USCIS. USCIS will consider a timely reinstatement application for F or M student status to be one where the student has not been out of status for more than five (5) months at the time of the filing. Furthermore, the revised policy also states that if the reinstatement application is denied by the USCIS, then the accrual of unlawful presence resumes on the day after the denial.

This policy revision appears to have been made due to strong public comments about the initial policy that was published on May 10, 2018, which were much more stringent.

Should our readers have any further questions, please do not hesitate to contact our office to schedule a consultation to discuss this matter further.