How to Calculate the J1 Status Accruing Unlawful Presence?

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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?

Answer,

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;