CCA Logo

Immigration Update about Unlawful Presence

Posted October 10, 2018, 9:48 AM by Jessica L. McMillan

As of August 9, 2018, any F-1, J-1 or M-1 student or scholar visa holder that intentionally or unintentionally violates their non-immigrant status and remains in the United States will be accruing “unlawful presence”. The days in the United States after violating F-1 status will be counted, and can mean that a F-1 or J-1 student could be subject to deportation and a lengthy bar on returning to the United States. Under this new policy, the start date of the “unlawful presence” is based on the day that student stops maintaining status.