International Student and Scholar Services (ISSS) supports internationalization at the University of Denver by serving as a resource to students, faculty, and staff in meeting the needs of the international community on campus.

Our Mission

The mission of ISSS is to assist international students and scholars to succeed academically, personally, and professionally during their time at DU, and to provide advice and support to help them remain in legal immigration status.

Accrual of Unlawful Presence by F and M Nonimmigrants (August 10, 2018)

On August 9, 2018, the U.S. Department of Homeland Security implemented a new policy which changes the way it counts days of unlawful presence for F-1, F-2, J-1 and J-2 nonimmigrants and changes the way it determines how an immigration violation might lead to a F or J nonimmigrant being barred from returning to the US for at least 3 or 10 years.

You should be informed about the change and how it effects your F or J status in the U.S. ISSS will provide more information as it becomes available.

Please note that this is a simplified explanation of a complicated topic and does not contain complete details.

Definition of Unlawful Presence
Unlawful presence is the time a nonimmigrant stays in the U.S. after the date on the I-94 or, if admitted on the I-94 for D/S (duration of status), unlawful presence is the time an F or J nonimmigrant stays in the U.S. after violating his/her immigration status.

Change in Policy
In the past, an F or J nonimmigrant did not accrue days of unlawful presence until the date USCIS or an immigration judge determined there was a violation of status. This could happen when an application to USCIS was denied or in an immigration court. Under the new policy the days of unlawful presence will accrue the day after the violation of status occurs whether or not USCIS or an immigration judge or the F or J nonimmigrant knows about it.

Maintaining Legal Status in the US
Please note that the requirements for maintaining F or J status have not changed – only the possible consequences for not maintaining legal status.

F and J nonimmigrants are required to:
• maintain valid immigration documents;
• report changes of address, name and employer if on OPT within 10 days;
• only work with authorization; and
• meet enrollment requirements for students and pursue the academic activity for J scholars.

See the ISSS website for more detailed information on maintaining status.

3- and 10-year Bars to Reentry
If an F or J nonimmigrant violates his/her immigration status, accrues more than 180 but fewer than 365 days of unlawful presence and leaves the US, s/he cannot return for at least 3 years.

If an F or J nonimmigrant violates his/her immigration status, accrues 365 or more days of unlawful presence and leaves the US, s/he cannot return for at least 10 years.

Examples
• An F or J student/scholar works without authorization. The days of unlawful presence accrue from the date of starting unauthorized work.
• An F or J student notifies ISSS, withdraws from all classes and does not leave the US within 15 days of withdrawing from all classes. The days of unlawful presence accrue on the 16th day.
• An F or J nonimmigrant finishes an academic program, does not leave during the respective 60- or 30-day grace period, and does not take any action within the grace period regarding his/her immigration status. The days of unlawful presence accrue on the 61st or 31st day.
• An F or J student/scholar does not report a change in address or new OPT employment within 10 days. The days of unlawful presence accrue on the 11th day.

Notes
• Unlawful presence does not accrue before age 18
• Unlawful presence does not accrue before 08/09/2018 unless
        o before 08/09/2018 USCIS or an immigration judge has determined there was a violation;
        o or the date on the I-94 passed before 08/09/2018.
• Unlawful presence also does not accrue in some, other limited circumstances.

There are many questions that ISSS will not be able to answer now because the policy is new, but please contact ISSS with questions.

More information:
Contact an ISSS Advisor
USCIS Policy Memorandum
NAFSA, Accrual of Unlawful Presence and F, J, and M Nonimmigrants

Travel Ban 3.0 in effect (July 9, 2018)

On September 24, 2017, President Trump issued Proclamation 9645 (Travel Ban 3.0). Travel Ban 3.0 is currently in effect, and limits entry to the United States by certain citizens of seven countries: Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia. An eighth country, Chad, was removed from this list effective April 10, 2018. The Travel Ban 3.0 restrictions on the remaining seven countries are country-specific, and tailored to the situation of each individual country. The U.S. Supreme Court upheld Travel Ban 3.0 on June 26, 2018.

NOTE:  All visa holders who are admissible are still subject to additional scrutiny and/or enhanced screening requirements.  See Sections 3 and 6 of proclamation for exceptions and waivers.

Resources on the recent updates to the Executive Order: 

NAFSA

• Executive Order Travel Ban: NAFSA Resources