On May 10, 2018, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum will soon impact F, J and M visa holders. The new policy changes when and how immigrants with these types of visas begin to accrue "unlawful presence" in the United States.
By way of background, generally, F visas are issued to students, J visas are issued to exchange visitors, and M visas are issued to vocational students. All are non-immigrant visas.
What is unlawful presence?
Unlawful presence is that amount of time a person remains in the United States (US) after the expiration of his or her approved visit, as listed on their Admission Record (Form I-94). When a person enters the US on a visa, they are generally inspected by a U.S. Customs and Border Protection (CBP) agent at the port of entry (most often an airport). When their passport and visa are examined, the CBP agent determines a date by which the non-immigrant must leave the U.S., and he or she will issue an Admission Record that provides proof of someone’s lawful record of admission. That form (which is now electronic) also contains the date by which the visitor must leave.
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By way of background, generally, F visas are issued to students, J visas are issued to exchange visitors, and M visas are issued to vocational students. All are non-immigrant visas.
What is unlawful presence?
Unlawful presence is that amount of time a person remains in the United States (US) after the expiration of his or her approved visit, as listed on their Admission Record (Form I-94). When a person enters the US on a visa, they are generally inspected by a U.S. Customs and Border Protection (CBP) agent at the port of entry (most often an airport). When their passport and visa are examined, the CBP agent determines a date by which the non-immigrant must leave the U.S., and he or she will issue an Admission Record that provides proof of someone’s lawful record of admission. That form (which is now electronic) also contains the date by which the visitor must leave.
Click "Read More" to continue reading
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