News

Important F/J Update: Unlawful Presence Policy

Feb. 7, 2020 Update: "On February 6, 2020, the U.S. District Court for the Middle District of North Carolina issued a permanent nationwide injunction blocking the August 8, 2018 USCIS policy memo that sought to change how days of unlawful presence are counted following a violation of F, M, or J nonimmigrant status." The government may choose to appeal the decision. See full article by NAFSA.

May 3, 2019 Update: USCIS Temporarily Blocked from Enforcing Unlawful Presence Rules

As a result of an injunction issued by a federal court on May 3, 2019, USCIS is temporarily blocked from enforcing a policy put forward August 8, 2018 that penalizes students and J Exchange Visitors who violate the terms of their nonimmigrant status. In its order, the Court says:

"The Court therefore concludes that, under the circumstances of this case, a nationwide preliminary injunction is appropriate. Defendants [DHS] shall be enjoined from enforcing the policy set forth in the August 2018 Policy Memorandum, in all its applications nationwide, pending resolution of this lawsuit."  Find detailed information here.

(Original article Aug. 20, 2018) U.S. Citizenship and Immigration Services (USCIS) updated their policy, effective August 9, 2018, on how "unlawful presence" is accrued by international students and scholars in F and J visa classifications. A period of time in unlawful presence has serious consequences and can affect your eligibility to remain in or return to the United States.

3-Year and 10-Year Bars

February 07, 2020

Important F/J Update: Unlawful Presence Policy

Feb. 7, 2020 Update: "On February 6, 2020, the U.S. District Court for the Middle District of North Carolina issued a permanent nationwide injunction blocking the August 8, 2018 USCIS policy memo that sought to change how days of unlawful presence are counted following a violation of F, M, or J nonimmigrant status." The government may choose to appeal the decision.

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