Accrual of Unlawful Presence and F, J or M nonimmigrant:

United States is drastically changing its stance on foreign students (F visas), exchange visitors (J nonimmigrant) or vocational students (M nonimmigrant). USCIS issued policy memorandum on May 10 and is effective from August 9, 2018.

 The policy states that F, J and M nonimmigrants and their dependents will accrue unlawful presence, before August 9^th, 2018, if they have failed to maintain the nonimmigrant status or if DHS had denied their request for an immigration benefit, their I-94 had expired or if the BIA had ordered the alien excluded, deported or removed- -whichever of these occurrences is earlier. After August 9^th, 2018- the USCIS elaborates that the F, J or M nonimmigrant will begin to accrue unlawful presence (on or after August 9, 2018) if the F, J or M nonimmigrant, no longer pursues the course of study or participates in an unauthorized activity. They will also accrue unlawful presence if they are present here after completing their course of study or program, or the day after F, J or M nonimmigrant’s I-94 expires (if they had an I 94) or the day after the immigration judge or BIA orders alien excluded, deported or be removed.                                                                                                                                                                                                                      The above policy change discourages the students in many ways. Earlier, F, J or M nonimmigrant upon admission in to US could change their programs, take less courses or engage in other work activities but would not accrue unlawful presence, as they were admitted for Duration of Status (D/S) and not up to a certain date. But with this policy in place, the F, J or M nonimmigrant may accrue unlawful presence in various ways, as pointed above. Unfortunately, a student may not even know that unlawful presence started accruing, without being found to be out of status by DHS.  Any violation- whether inadvertent or not, will result in accrual of unlawful presence. These would be any actions deemed as violations after admission or engaging in an unauthorized activity which is inconsistent with the field of study or STEM trainee, working at third party client or if a university causes the student’s violations. All these situations will attract 3-year and 10-year bars.

Be aware of what is out there students and understand the requirements and obligations of your student status and visa.