Home  William's Answers for Immigration and Visa Questions  |  Google+  Facebook  Twitter
How to Calculate the J1 Status Accruing Unlawful Presence?

Hi William,

I am in J1 status. My J1 waiver have not approved at this time, but my J1 visa will expire next month. How to calculate the J1 status accruing unlawful presence?


The U.S. Citizenship and Immigration Services (USCIS) has released the final version of the policy memorandum that greatly expands the situations in which those in F, J, or M status may begin accruing unlawful presence. Over the years, DHS also has made significant progress in its ability to identify and calculate the number of nonimmigrants who have failed to maintain status, including certain F, J, and M nonimmigrants.

Since the creation of the policy, the Student and Exchange Visitor Information System (SEVIS), the DHS system used to monitor F, J, and M nonimmigrants, has provided USCIS officers additional information about an alien’s immigration history, including information that indicates that an alien in F, J, or M nonimmigrant status may have completed or ceased to pursue his or her course of study or activity, as outlined in Form I-20, or Form DS-2019.

For year 2016, DHS calculated that a total of 1,457,556 aliens admitted in F, J, and M nonimmigrant status were either expected to change status or depart the United States. Of this population, it was estimated that the total overstay rate was 6.19 percent for F nonimmigrants, 3.8 percent for J nonimmigrants, and 11.60 percent for M nonimmigrants.

To reduce the number of overstays and to improve how USCIS implements the unlawful presence ground of inadmissibility, USCIS is now changing its policy on how to calculate unlawful presence for F-1, J-1, and M-1 nonimmigrants, and their dependents (F-2, J-2, and M-2).

F, J, or M nonimmigrants who failed to maintain their nonimmigrant status start accruing unlawful presence based on that failure, unless the alien had already started accruing unlawful presence on the earliest of the following:
  • The day after DHS denied the request for an immigration benefit, if DHS made a formal finding that the alien violated his or her nonimmigrant status while adjudicating a request for another immigration benefit;
  • The day after the Form I-94, Arrival/Departure Record, expired, if the F, J, or M nonimmigrant was admitted for a date certain; or
  • The day after an immigration judge ordered the alien excluded, deported, or removed (whether or not the decision is appealed).

Questions & Answers for Green Card Application
EB1 Extraordinary Ability (EB-1A)
EB1 Outstanding Professor / Researcher (EB-1B)
EB1 Multinational Executive or Manager (EB-1C)
EB2 National Interest Waiver (NIW)
Form I-485 Adjustment of Status
PERM Labor Certification
Form I-140 Application after Labor Certification
Request For Evidence (RFE) for EB1, NIW, L1 Visa
Questions & Answers for Working Visa Application
J-1 Waiver of 2-Year Home Residence
H-1B Visa Application or Extension
O-1 Visa Application or Extension
L-1 Visa Application or Extension
P-1, P-2, P-3 Visa Application or Extension
William's Answers for Immigration Questions
Home Page

For All Your Immigration and Green Card Application Needs
EB-1A sample of reference letter graphic © Green Card Application Service, www.greencardapply.com