Recently, U.S. Citizenship and Immigration Services (USCIS) announced a new policy. Effective August 9, 2018, international students and exchange visitors holding F, J, and M visas, as well as their dependents holding F-2, J-2, and M-2 visas, will be considered to be in "unlawful presence" if they fail to maintain valid status on the day after their course completion, graduation, or the expiration of their I-94 card.
I. Two Situations Constituting Unlawful Presence
Before August 9, 2018, meeting any of the following conditions is considered unlawful presence:
(1) The day after an immigration application is denied by the U.S. Department of Homeland Security, if the individual remains in the U.S. without valid status.
(2) The day after the I-94 expires, if the individual remains in the U.S. without valid status.
(3) The day after an immigration judge or the Board of Immigration Appeals issues a departure, deportation, or removal order (regardless of whether the individual files an appeal), if the individual remains in the U.S. without valid status.
Effective August 9, 2018, meeting any of the following conditions is considered unlawful presence:
(1) The day after the completion of studies or authorized activities, or the day after the individual engages in unauthorized activities, if the individual remains in the U.S. without valid status.
(2) The day after the completion of studies or courses, including any authorized practical training plus any authorized grace period, if the individual remains in the U.S. without valid status.
(3) The day after the I-94 expires, if the individual remains in the U.S. without valid status.
(4) The day after an immigration judge or the Board of Immigration Appeals issues a departure, deportation, or removal order (regardless of whether the individual files an appeal), if the individual remains in the U.S. without valid status.
II. Consequences of Overstaying in the U.S.
Anyone who accumulates more than 180 days of unlawful presence after a single entry will be barred from entering the U.S. for 3 or 10 years.
Anyone who accumulates more than 1 year of unlawful presence after one or more entries, or attempts to enter the U.S. illegally, will be permanently ineligible for a U.S. visa.
Individuals subject to a 3-year, 10-year, or permanent bar cannot apply for a visa, enter the U.S., or adjust their status unless they obtain a waiver or another form of relief.
This new USCIS policy is truly devastating news for all international students and visitors to the U.S.!
It is reported that the Department of Homeland Security's "Entry/Exit Overstay Report" tracked visitors from around the world who were expected to depart the U.S. between October 1, 2015, and September 30, 2016. According to this report, students and exchange visitors had the highest overstay rate, with 40,949 individuals failing to depart on time, a rate of 2.8%. Among them, 7,545 Chinese students remained in the U.S. after their visas expired, ranking first among all countries.
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