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Lawsuit Challenges Legality of USCIS Unlawful Presence Policy for Fs, Js, and Ms

A district court judge for the Middle District of North Carolina issued a nationwide preliminary injunction, effective immediately, enjoining USCIS’s memo titled “Accrual of Unlawful Presence and F, J, and M Nonimmigrants,” originally issued on May 10, 2018, and updated on August 9, 2018, that went into effect on August 9, 2018, until further order of the court. The memo penalized international students for overstaying or violating the terms of their visas, even accidently.

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