Blog by Pasricha & Patel, LLC

USCIS Tightens Rules on Accrual of Unlawful Presence for Students and Exchange Visitors

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Pasricha & Patel

USCIS has published revised rules, which will take effect on August 9, 2018, that changes how it will determine unlawful presence for students and exchange visitors in F, J, and M nonimmigrant status (which also include F-2, J-2, and M-2 dependents), who fail to maintain their status in the U.S. According to the USCIS, their change in policy is in line with the present administration’s goals to punish those who overstay in the U.S. by having them either leave the U.S. as soon as their academic or training program concludes, or they must timely file for change to other lawful immigrant or nonimmigrant status in order to remain in legal status here in the U.S.

Should our readers have any specific questions about this new policy, we encourage you to contact our office for formal consultation, and we would be happy to assist further.