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Dear Students,
Recently, there has been an important immigration development that may affect UTA’s international students. Please take a moment to review this update. For more information, please visit our website. http://www.uta.edu/oie/<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.uta.edu%2Foie%2F&data=02%7C01%7C%7C64831e49a27640fbc02008d607ade5aa%7C5cdc5b43d7be4caa8173729e3b0a62d9%7C0%7C0%7C636704840787300852&sdata=eNipKyXOICg%2FAGta5sh1ZLoil6DjajcBvULfqLYNLDk%3D&reserved=0>

Important policy change regarding “unlawful presence” in the U.S.
Effective August 9, 2018, a new U.S. Citizenship and Immigration Services (USCIS) policy changes how it counts days of “unlawful presence” for individuals in student (F), exchange visitor (J), or vocational student (M) status and their dependents while in the U.S.

Under the new policy:


·         F/J students and scholars who fail to maintain proper status will start accruing “unlawful presence” on the day after status violation. Previously, only a formal finding of status violation by an immigration judge or Homeland Security official would start the unlawful presence clock for F-1 and J-1 students and scholars.

·         Unlawful presence does not accrue while a timely-filed reinstatement application is pending. A timely-filed reinstatement application is one filed within a five-month window.

Whether or not the application for reinstatement is timely-filed, an F/J/M nonimmigrant whose application for reinstatement is ultimately approved will generally not accrue unlawful presence while out of status.

If the reinstatement application is denied, the accrual of unlawful presence resumes on the day after the denial. In this case, the nonimmigrant should voluntarily leave the U.S. to avoid accruing more unlawful presence that could result in later inadmissibility.

Please remember that you are responsible for understanding your immigration requirements and maintaining valid immigration status at all times. In particular, this includes maintaining a full course load for the Initial/Fall and Spring semesters; maintaining the required GPA; avoiding unauthorized employment; and ensuring that immigration documents are extended prior to expiration.

Resources

More information on maintaining F-1 status may be found on the Homeland Security Study in the States website: https://studyinthestates.dhs.gov/maintaining-status<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fstudyinthestates.dhs.gov%2Fmaintaining-status&data=02%7C01%7C%7C64831e49a27640fbc02008d607ade5aa%7C5cdc5b43d7be4caa8173729e3b0a62d9%7C0%7C0%7C636704840787310856&sdata=YSxkEE7f4tFspC78f3EzjvXTNJhEwyCczS5ELbFQHFI%3D&reserved=0>

More information on unlawful presence can also be found at the following links:
https://www.uscis.gov/news/uscis-issues-revised-final-guidance-unlawful-presence-students-and-exchange-visitors<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.uscis.gov%2Fnews%2Fuscis-issues-revised-final-guidance-unlawful-presence-students-and-exchange-visitors&data=02%7C01%7C%7C64831e49a27640fbc02008d607ade5aa%7C5cdc5b43d7be4caa8173729e3b0a62d9%7C0%7C0%7C636704840787320869&sdata=E4Ekfb5Afv6oJdQKAIs9j%2BsDw5OZKldLfE%2F9ep8sqAs%3D&reserved=0>

https://www.nafsa.org/Professional_Resources/Browse_by_Interest/International_Students_and_Scholars/Accrual_of_Unlawful_Presence_and_F,_J,_and_M_Nonimmigrants/<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.nafsa.org%2FProfessional_Resources%2FBrowse_by_Interest%2FInternational_Students_and_Scholars%2FAccrual_of_Unlawful_Presence_and_F%2C_J%2C_and_M_Nonimmigrants%2F&data=02%7C01%7C%7C64831e49a27640fbc02008d607ade5aa%7C5cdc5b43d7be4caa8173729e3b0a62d9%7C0%7C0%7C636704840787320869&sdata=FVnDFMMgBxcjvAlrRlRm4dXY%2B4Mm%2FYSnuzvDNXWrQ0s%3D&reserved=0>