The USCIS has instituted a new policy which will change the process of accruing unlawful presence for certain mon immigrants. The new policy memo changes the time line for accruing unlawful presence for  F, J and M nonimmigrants, and their dependents, admitted or otherwise authorized to be present in the United States in duration of status (D/S) or admitted until a specific date (date certain). They will now start to accrue unlawful presence as outlined below.  Beginning August 9, 2018, F, J, or M nonimmigrants who failed to maintain nonimmigrant status will begin to accrue unlawful presence when any of the following occur:  
  • The day after the F, J, or M nonimmigrant no longer pursues the course of study or the authorized activity, or the day after he or she engages in an unauthorized activity;
  • The day after completing the course of study or program (including any authorized practical training plus any authorized grace period, as outlined in 8 CFR 214.2);
  • The day after the Form I-94 expires, if the F, J, or M nonimmigrant was admitted for a date certain; or
  • The day after an immigration judge or, in certain cases, the BIA11 orders the alien excluded, deported, or removed (whether or not the decision is appealed).
This is a significant departure from previous policy which allowed that individuals F, J, or M non immigrant status authorized to remain for D/S status did not automatically begin to accrue unlawful presence in the United States.