NewsFlash! F, J, and M Nonimmigrants to be Subject to New Unlawful Presence Rules

The U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum today that will dramatically expand the manners in which those in F, J, and M status may begin accruing unlawful presence (ULP).

Nonimmigrants entering in F, J, or M status usually are admitted for “duration of status,” typically marked as “D/S” in the I-94. Those admitted for D/S generally only start accruing ULP upon a formal finding by the U.S. Department of Homeland Security (DHS) of a status violation or, after being ordered excluded, deported, or removed by an immigration judge or the Board of Immigration Appeals (BIA).

Under the new memo, which is scheduled to go into effect on August 9, 2018, anyone in F, J, or M status granted D/S will begin accruing ULP under ANY of the following circumstances:

• The day after the individual no longer pursues the course of study or the authorized activity, or the day after engaging in an unauthorized activity
• The day after completing the course of study or program, including any authorized practical training plus any authorized grace period
• The day after being ordered excluded, deported, or removed

For a better understanding of the differences between being out of status and accruing unlawful presence, please see the MurthyDotCom NewsBrief, “Differences Between: Lawful Status, Period of Authorized Stay, & Unlawful Presence (03.Jun.2013).

MurthyDotCom will post a more detailed analysis and explanation of this major USCIS policy memo in the near future. Subscribe to the MurthyBulletin to have future updates on this and other immigration topics delivered to your inbox.

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