USCIS Changes Unlawful Presence Policy for F and J Nonimmigrants

On May 11, 2018 USCIS announced a major shift in its policy for calculating the accrual of unlawful presence in the U.S. for F, J and M nonimmigrants. Under the new policy, which is scheduled to take effect on August 9, 2018, F and J visa holders who are admitted to the U.S. for the duration of status (D/S) will start accruing unlawful presence when they fall out of status, regardless of whether there is a formal determination to that effect.

Under the current policy, unlawful presence did not accrue unless there was a formal determination by the U.S. government or an immigration judge of a violation of status. OVIS will continue to monitor this new policy change and provide updates.