USCIS Changes Unlawful Presence Calculation For Students

Law360 (May 14, 2018, 8:05 PM EDT) -- U.S. Citizenship and Immigration Services is changing the way it calculates unlawful presence for foreign visitors in the U.S. on student or exchange visas who fail to maintain their status, by starting the clock immediately after their authorized activity concludes instead of when they are found in violation.

In a policy memo released Friday, USCIS said that starting on Aug. 9, anyone in the U.S. as a "nonimmigrant status" foreign student, foreign vocational student or foreign exchange visitor for a particular amount of time or until a particular date who fails to renew his or her status will immediately begin to...

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