Understanding and Responding to Recent USCIS Guidance on Unlawful Presence and Notices to Appear for Removal Proceedings


A series of NAFSA presentations on the topic of recent USCIS guidance on unlawful presence for F, M, and J nonimmigrants, and Notices to Appear for removal proceedings. Presented by Steve Springer, Director of Regulatory Practice Liaison at NAFSA.

These NAFSA presentations are for informational purposes only, and do not constitute legal advice. Advisers should counsel students to consult an experienced immigration lawyer if they have questions about the new policy's effective date and applicability to their individual situation.

These NAFSA presentations have been updated to reflect the revised final F, M, J unlawful presence memo that USCIS published on August 9, 2018. The main difference between the May 11, 2018 draft memo and the August 9, 2018 final memo relates to the effect of filing an application for F, M, or J student reinstatement. See NAFSA's page at www.nafsa.org/ulp for additional background on the USCIS guidance.

Presentation 1. Highlights key provisions of the new USCIS policies on unlawful presence for F, M, and J nonimmigrants, and on USCIS' policy on issuing Notices to Appear in connection with applications for USCIS benefits.

Presentation 2. Additional information on “unlawful presence,” how it is counted, the triggers and penalties, and an overview of the removal process.

Presentation 3. Some implications of the new policies for advisers and institutions, and discussion of advocacy, litigation, and other responses to the new policies.

Links to Resources

Unlawful Presence Resources

Notice to Appear and Removal Proceedings Resources

Resources on Finding an Immigration Lawyer

Additional Resources

Primary ULP Sources

Government Guidance

NAFSA Resources