As previously reported, USCIS published its finalized Unlawful Presence Memo regarding students and certain scholars, referred to as F, J, and M nonimmigrants. This change in USCIS policy regarding the accrual of unlawful presence for F, J, and M nonimmigrants not only has an immediate effect on students and exchange visitors and their dependents, but for those unaware of a violation of status, the resulting effect can be devastating and long lasting.
Under the new policy, unlawful presence begins to accrue 1) the day after a status violation, if the violation occurs on or after August 9, 2018; or 2) on August 9, 2018, if the violation occurred prior to August 9, 2018.
After the student has been unlawfully present for 180 consecutive days, the student is barred from re-entering the U.S. for three years, and after being unlawfully present for a year, the student is barred from re-entry for a decade.
180 days has now passed from August 9, 2018. While there is pending litigation, the court has granted a temporary restraining order barring the application of the USCIS unlawful presence policy, specific only to the two individual named plaintiffs.
Should you have concerns regarding the unlawful presence policy, please feel free to reach out and schedule a consultation with one of the attorneys (firstname.lastname@example.org).