As of August 9, 2018, foreign students who were admitted in the United States in (D/S) Duration
of Stay on their I-94 will automatically accrue unlawful presence on the day after USCIS
determined that the alien has violated his/her nonimmigrant status (for example- working without
employment authorization, failure to attend the designated school as a full-time student,
conviction of a crime or arrest for a DUI or any issues related to good moral character).
An immigration judge can order the alien excluded, deported or removed if it is determined that
the non-immigrant violated his/her status.
The new regulation clearly states that the non-immigrant will not be provided with any formal
notice of status violation. Any violation from the aliens past that has been discovered would have
already started the accusal of unlawful presence. Therefore, the unsuspecting alien could be
placed in Removal Proceedings without notice.
Non-immigrants who have failed to maintain lawful status in the U.S. will start accruing
unlawful presence and may be subject to the 3-year/10-year bars to admission. If one has accrued
more than 180 days of unlawful presence he/she is subject to the 3-year bar. More than 1 year of
unlawful presence triggers the 10-year bar and one could face permanent inadmissibility if they
attempt re-enter the U.S. during the 10-year period.
This is a very serious matter and all non-immigrants in the U.S. must understand the negative
consequences of UNLAWFUL PRESENCE.
American Immigration Attorneys