DHS proposes to change how to calculate unlawful presence for F, J and M students

Under current interpretation, students in F, J or M status will NOT accrue unlawful presence in the following situations:

  • The day after they no longer pursue the course of study or the authorized activity, or the day after they 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;

Under the proposed policy change, students in F, J and M status will start accruing unlawful presence if they fall into the above listed situations.

This is a dramatic change that will affect students/exchange visitors if they stop attending school, or otherwise fail to maintain the status.

The proposed change is published for public comments.