Guidance on 'Unlawful Presence' and Foreign Students

By Elizabeth Redden. New final guidance published Thursday by U.S. Citizenship and Immigration Services will change the way international students and visiting scholars on F, J or M visas are found to accrue “unlawful presence” in the U.S., a determination that could subject them to future bars on re-entry. Individuals who accrue more than 180 days of unlawful presence during a single stay in the U.S. are subject to three- or 10-year bans on re-entering the country. More...