Unlawful Presence and F, J and M Nonimmigrants

On May 3, 2019, the U.S. District Court for the Middle District of North Carolina issued a nationwide preliminary injunction that temporarily prevents the Department of Homeland Security (DHS) from enforcing the U.S. Citizenship and Immigration Services (USCIS) August 8, 2018 policy memo that sought to change how days of unlawful presence are counted following a violation of F, M, or J nonimmigrant status.

For more detailed information, please refer to NAFSA’s summaryof the Unlawful Presence policy.

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