Unlawful Presence Memo for F, J, and M Nonimmigrants Presumably Now in Effect

In May 2018, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum that would greatly expand the situations in which those in F, J, or M status may begin accruing unlawful presence. More details on the memo are available in the MurthyDotCom NewsBrief, Analysis of USCIS Memo on Unlawful Presence for F, J, and M Nonimmigrants (18.May.2018).

Per the memo, the new rule was to go into effect today, August 9, 2018. As of the time of this writing, however, the USCIS website still lists it as a draft policy memo. Accordingly, it is not entirely clear whether the memo is actually official policy yet.

The original memo did not indicate that an updated or final version would be released. Therefore, the Murthy Law Firm cautions stakeholders to assume the memo is in effect as of today. If the USCIS releases any updates or clarifications on this matter, the details will be posted on MurthyDotCom. Subscribe to the MurthyBulletin to receive future updates in your inbox.


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Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.