Last week, USCIS published a final policy memorandum regarding unlawful presence, which comes after a 30-day period of public comment. The memorandum suspends accrual of unlawful presence for non-immigrants in F and M status, so long as they timely file for reinstatement after falling out of status. However, if reinstatement is denied, unlawful presence that has been accrued will resume on the day that the petition is denied. This change is due to high rates of overstay by nonimmigrants in F, M, and J status. Nonimmigrants in J status, however, will generally not accrue unlawful presence between being out of status and being reinstated.
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