Kurczaba & Associates, Immigration Attorneys, Chicago Immigration Law | Student/ M-1/ J-1 Visa Holders Get Relief
This links to the home page
News & Publications

Student/ M-1/ J-1 Visa Holders Get Relief

The District Court issued the nationwide temporary order pending a final decision.  Many F-1, J-1 and M-1 visa holders were outraged by USCIS policy memorandum of August 2018 which stated that such visa holders lost their status and started acquiring unlawful presence automatically on the day they violated their status.  In other words, on the day that they worked without authorization OR stopped going to school.  This reverses 20 years of law which stated that a holder of the above visas only loses their status and starts to acquire unlawful presence from the moment they are declared so by an Immigration Judge or Officer.

Please contact our office to determine if you are acquiring unlawful presence.

Certain persons not acquiring unlawful presence can continue and obtain permanent residency without major consequences.

For more details, please contact our office.