Policy Change for Unlawful Students and Exchange Students

The United States Citizenship and Immigration Services recently announced that they are making some changes to certain policies that regards the enforcement of unlawful nonimmigrant students (F nonimmigrant), vocational students (M nonimmigrant), and exchange visitors (J nonimmigrant). The new policy will become effective on August 9, 2018.

Once the policy goes into effect, F, J, and M nonimmigrants must be sure to maintain their status or they will begin accruing unlawful presence. If an individual accrues more than 180 days of unlawful presence, they may end up being barred from the United States for either three or ten years, depending on how many days of unlawful presence there were.

The USCIS is implementing this policy in an effort to reduce the number of individuals who stay in the United States unlawfully after their allotted amount of time. The date in which the USCIS will calculate the number of days of unlawful presence is whichever of the following days is the earliest:

  • The day after the Department of Homeland Security denied the request for immigration benefits
  • The day after the Arrival/Departure Record form expired
  • The day after a judge deported or removed the individual

If you have questions about how this policy change may impact you, contact us today.

The Law Offices of Cheryl R. David practices immigration law throughout New York City. Our experienced attorneys understand how much is at stake when legal matters arise. If you have questions about your particular matters regarding immigration please contact the office to discuss your circumstances and options.