USCIS Issues Policy Memo on Accrual of Unlawful Presence and F, J, M Nonimmigrants
USCIS issued a policy memo with guidance to officers on the calculation of unlawful presence of those in student (F nonimmigrant), exchange visitor (J nonimmigrant), or vocational student (M nonimmigrant) status and their dependents, admitted in duration of status or until a specific date. Guidance will take effect on 8/9/18. Comments are due by 6/11/18.
The policy for determining unlawful presence for individuals present in the United States who are not in F, J, or M nonimmigrant status remains unchanged. This guidance supersedes any prior guidance on this topic.
On August 9, 2018, USCIS issued a revised final memorandum that supersedes this memorandum and describes the rules for counting unlawful presence for F and M nonimmigrants with timely-filed or approved reinstatement applications, as well as for J nonimmigrants who were reinstated by the Department of State.