USCIS has published a revised final policy memorandum superseding a previous memorandum for calculating unlawful presence for students and exchange visitors in F, J, and M nonimmigrant status, and their dependents.
Under the revised final memorandum:
- Accrual of unlawful presence will be suspended for foreign nationals on F and M visa classification who timely file (meaning, within five months of the status violation) a request for reinstatement of status. Such foreign nationals will not accrue unlawful presence while their reinstatement application is pending.
NOTE: Accrual of unlawful presence will resume on the day after the denial if the reinstatement application is denied.
- Foreign nationals under J visa classification will generally not accrue unlawful presence if the Department of State approves their reinstatement application.
If you have any questions about the revised unlawful presence rules for students and exchange visitors, or have reason to believe that you may have failed to maintain your F-1 status, Consult VisaPro immigration attorney immediately. Our experienced attorneys will be happy to assist you.