Effective August 9, 2018, international students and foreign scholars who fail to depart on time will be considered to be in "unlawful presence." Those who remain for more than 180 days will face a 3-year or 10-year ban on re-entry, and in serious cases, those who remain for more than one year will be permanently barred from entering the United States.
The following individuals and visa categories are affected:
1. Students (F visa)
2. Exchange Visitors (J visa)
3. Short-term Students (M visa)
4. Dependents entering the U.S. on F-2, J-2, or M-2 visas
Unlawful presence is defined as meeting any of the following conditions:
1. Remaining in the U.S. without legal status on the day after the completion of studies or authorized activities, or the day after engaging in unauthorized activities.
2. Remaining in the U.S. without legal status on the day after completing studies or a program, including any authorized practical training plus any authorized grace period.
3. Remaining in the U.S. without legal status on the day after the I-94 expires.
4. Remaining in the U.S. without legal status on the day after an immigration judge or the Board of Immigration Appeals issues an order of departure, deportation, or removal (regardless of whether an appeal is filed).
Any individual who accumulates more than 180 days of unlawful presence after a single entry will be barred from re-entering the U.S. for 3 or 10 years. Those who accumulate more than one year of unlawful presence or attempt to enter the U.S. illegally will be permanently barred from obtaining a U.S. visa. Individuals subject to a 3-year, 10-year, or permanent ban cannot apply for a visa, enter the country, or adjust their status unless they obtain a waiver or another form of relief.
As is well known, the United States is a global leader in education and is deservedly one of the most popular study-abroad destinations for Chinese students, attracting many people every year. The implementation of this policy regarding the prohibition of entry for international students who overstay their visas will affect the lives and plans of many. Therefore, if you wish to stay in the U.S. for the long term, obtaining a legal visa in accordance with the requirements of U.S. Citizenship and Immigration Services (USCIS) is the preferred choice.
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