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USCIS announces new rules regarding unlawful presence of students in the US

- May/2018

On May 11, U.S. Citizenship and Immigration Services (USCIS) posted a policy memorandum changing how the agency will calculate the unlawful presence of students and exchange visitors for F, J, and M non-immigrant visas (including F-2, J-2, or M-2 dependents), who fail to maintain their legal status in the United States.  This policy will go into effect on August 9, 2018.

The USCIS reinforced that non-immigrants students may not overstay or violate their terms of admission and legally remain in the United States. Individuals in F, J, and M status who fail to maintain their status before August 9, 2018, will begin accruing unlawful presence and will be subject to penalties that usually result in a three to ten-year admission ban. In extreme cases, where individuals accrue a total period of more than one year of unlawful presence, they may become permanently inadmissible to the US.

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