Unlawful Presence for Students

Introduction

The start of a new academic year will bring thousands of foreign nationals to the United States to study at one of the nation’s many rigorous academic institutions.  The United States derives many benefits from allowing foreign nationals to study at its colleges and universities, including but not limited to, diversified classroom discussions and enriched collegiate clubs and extracurricular activities.

Unlike their American colleagues, foreign national students must maintain lawful  presence and abide by all of the United States Citizen and Immigration Services (USCIS) requirements.  Traditionally, if a student failed to meet the requirements of his or her visa, then unlawful presence would not begin to accrue until the day after the USCIS made a formal finding that a nonimmigrant status violation had occurred or an immigration judge ordered the student excluded, deported, or removed, whichever came first.

However, the USCIS has announced in its May 2018 memorandum a change in its policy for calculating when a student will begin to accrue unlawful presence. Beginning August 9, 2018, a student will begin to accrue unlawful presence the moment the student’s F-1 status has expired or the student’s admitted purpose has ended.

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