NewsFlash! Federal Judge Temporarily Blocks Enforcement of Unlawful Presence Memo for F, J, and M Nonimmigrants

Today, a federal district court judge ordered immigration officials to temporarily cease enforcement of the August 9, 2018 policy memorandum that greatly expanded the situations in which those in F, J, or M status may begin accruing unlawful presence. This order stems from a lawsuit filed by a number of colleges and universities against the U.S. Department of Homeland Security (DHS) and the U.S. Citizenship and Immigration Services (USCIS) following the release of the memo, entitled, Accrual of Unlawful Presence and F, J, and M Nonimmigrants.

While this is an encouraging victory for nonimmigrant students, this almost certainly will not be the final word on the matter. This is only a temporary order, and, while unlikely, it is possible the district judge could reverse course after additional briefs are submitted to the court. Moreover, regardless of how this judge rules, it is possible that the decision will be appealed.

Still, for the time being, this is welcome news. As soon as any new developments take place, the information will be posted on MurthyDotCom. Subscribe to the free MurthyBulletin to have future updates delivered to 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.