On May 11, 2018 USCIS issued a memorandum proposing a fundamental change to its current policy for counting days of "unlawful presence" for F and J nonimmigrants. According to the USCIS news release, the policy aligns with the White House's "Enhancing Public Safety in the Interior of the United States" Executive Order.
The new policy is set to go into effect on August 9, 2018.
Under current policy that has been in place since 1997, unlawful presence only begins after a formal finding of a status violation by a DHS officer or by an immigration judge. Under the new policy, unlawful presence would begin the day after a status violation.
OVIS will continue to monitor this development and provide updates on our website.