skip to Main Content

USCIS Temporarily Blocked from Enforcing New Unlawful Presence Rules for Students and Exchange Visitors

A federal district court judge has issued a nationwide preliminary injunction that prevents USCIS from implementing a policy under which F, J and M nonimmigrant students and exchange visitors and their dependents automatically begin to accrue unlawful presence if they violate the terms of their nonimmigrant status.

The order means that the agency must revert to its prior rules relating to unlawful presence while a lawsuit challenging the legality of the new policy continues. The government is expected to appeal today’s decision. 

The case is Guilford College et al v. McAleenan et al, U.S. District Court for the Middle District of North Carolina.

Back To Top