In the past, foreign students and exchange
visitors (F and J nonimmigrants, respectively) who were admitted for, or
present in the United States in, duration of status (D/S) started accruing
unlawful presence on the day after USCIS formally found a nonimmigrant status
violation while adjudicating a request for another immigration benefit or on
the day after an immigration judge ordered the applicant excluded, deported, or
removed (whether or not the decision is appealed), whichever came first.
USCIS is now changing its policy on how to
calculate unlawful presence for F-1, J-1, and M-1 nonimmigrants, and their
dependents (F-2, J-2, and M-2). This new policy on the accrual of unlawful
presence with respect to F, J and M nonimmigrants will take effect on August 9,
2018. The policy for determining unlawful presence for aliens present in the
United States who are not in F, J, or M nonimmigrant status remains unchanged.
