Friday, August 24, 2018
A June 28, 2018, USCIS policy memorandum (
Under the new policy, USCIS can issue an NTA after denying an application for an immigration benefit only if on the date of the denial the applicant is out of status.
For examples, denial of an extension of stay or change of status request, where the applicant's prior status expires before USCIS denies the EOS or COS.
My Law, LLC
Immigration & Tax Law Firm
Phone: (630) 903-9625
1700 Park Street, Suite 203
Naperville, IL 60563
Wednesday, August 8, 2018
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.