Accrual of Unlawful Presence and F, J and M non-immigrants

Background

Effective August 9, 2018, USCIS instituted a new policy regarding how an international student who is out of status may officially begin accruing days of "unlawful presence" when they are out of status.  This policy clarifies that international students are subject to unlawful presence consequences. Accruing 180 days or more could lead to either a 3-year or 10-year bar on entering the United States.

Below please find some resources on this very important topic.

Students who find themselves out of status must consult immediately with their international student advisor in the Office of International Student & Study Abroad Services and potentially should consider consulting an immigration attorney to determine the best way of regaining F-1 status either by reinstatement or travel, or simply by departing the United States and not immediately returning, depending on the severity of the situation, if there exists any repeated violations, and the number of days the student has been out of status.

USCIS

NAFSA: Association of International Educators

  • NAFSA's page providing resources and discussion on unlawful presence as it relates to student visa holders.
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