Previously, students or exchange visitors on F or J visas began accumulating unlawful presence only from the day it was discovered by the Department of Homeland Security or an immigration judge during removal proceedings. This new rule means students and exchange visitors will start accumulating unlawful presence from the day of the status violation, i.e., from the first day you work illegally, the first day you fail to maintain minimum enrollment hours, or the first day your overstay your status.
With this new rule, it is even more important that students and exchange visitors take the necessary precautions to maintain their status and use ISSS as a resource. Please reference our website or contact ISSS if you have any questions at all about your status and the regulations governing your US visa. Also watch our Facebook page for breaking announcements of new DHS and USCIS policies. Even unintentional violations can have severe consequences in the future if or when you request benefits through USCIS or apply for future visas through the US Department of State.
Examples of possible F or J visa status violations that would trigger unlawful presence:
- Taking a reduced course load or withdrawing from UAB without authorization from ISSS
- Working illegally off campus (without CPT, OPT or Academic Training work authorization)
- Staying illegally in the US after the end of your 30 (J visa) or 60 (F visa) day grace period
- Being unemployed for more than 90 days while on OPT (150 days total for STEM OPT students) or not reporting employment while on OPT
- Being dismissed from UAB and not transferring out to another university or departing the US in a timely manner
Please contact ISSS with any questions about this new rule or your F or J status.