USCIS Policy Updates

August 9, 2018

Accrual of Unlawful Presence for F or J students

  1. If you failed to maintain your status BEFORE August 9, 2018, you will start accruing unlawful presence on that day (August 9, 2018) based on that failure, unless you already started accruing unlawful presence on the earliest of any of the following:
    • The day after the U.S. Department of Homeland Security (DHS) denied the request for an immigration benefit, if DHS made a formal finding that you violated your nonimmigrant status while adjudicating a request for another immigration benefit;
    • The day after your Form I-94, “Arrival/Departure Record,” expired; or
    • The day after an immigration judge ordered you excluded, deported or removed(whether or not the decision is appealed).
  2. If you fail to maintain your status ON or AFTER August 9, 2018, you will start accruing unlawful presence on the earliest of any of the following:
    • The day after you no longer pursue the course of study or the authorized activity, or the day after you engage in an unauthorized activity;
    • The day after completing the course of study or program, including any authorized practical training, plus any authorized grace period;
    • The day after the Form I-94 expires; or
    • The day after an immigration judge orders you excluded, deported or removed (whether or not the decision is appealed).