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UPDATE: USCIS Changes Unlawful Presence Rules for F, J, and M Students

May 22, 2019

On May 3, 2019, the U.S. District Court for the Middle District of North Carolina issued an injunction to temporarily enjoin USCIS from applying the Department of Homeland Security policy memo titled “Accrual of Unlawful Presence and F, J, and M Nonimmigrants,” issued in August 2018. Before this policy, unlawful presence started from the date that a USCIS officer or immigration judge formally found that there was a violation of status. The August 2018 policy starts counting unlawful presence from the day after a status violation has occurred. As a result of the injunction, USCIS will temporarily apply the prior policy for when to start counting the unlawful presence.

See our original article here.