FOREIGN STUDENTS ARE FOREGINERS WHO ENTER THE UNITED STATES AS NONIMMIGRANTS UNDER SECTION 101(a)(15)(F) of the INA. The principal immigrant’s visa category is an F-1 (the full time student) and their accompanying family members are F-2 nonimmigrants. The F-3 category is reserved for Canadian and Mexican nationals and residence who enroll in full time or part time studies in the United States who commute to approved institutions in the U.S. for educational purposes. Strict requirements must be met and maintained to qualify for F visa status. EXCHANGE VISITORS ARE FOREIGNERS WHO ENTER THE UNITED STATES AS NONIMMIGRANTS UNDER SECTION 101(A)(15)(J) OF THE INA. The principal immigrant’s visa category is a J-1 and the principal immigrant’s family member is a J-2. Immigrants come to the U.S. as exchange visitors as students, business trainees, student interns, short-term scholars, teachers, research scholars, doctors, summer work programs, au pair child care providers to host families and many other short term internship and residency capacities. VOCATIONAL STUDENTS ARE FOREIGNERS WHO ENTER THE UNITED STATES AS NONIMMIGRANTS UNDER SECTION 101(a)(15)(M) of the INA. The principal immigrant is classified as an M-1 and their accompanying family members are classified as M-2. The M-3 is reserved for commuters from Canada and Mexico who are admitted into approved educational institutions in the United States. The restrictions and rules applicable to M visa holders are very similar to the rules and requirements that applies to F visa holders. Vocational students cannot pursue academic educational programs, such as, those pursued by foreign students under the F visa category.

1. F, J, and M Visa Programs
by:
COLEMAN JACKSON, P.C.
6060 N Central Expressway Office: 214-599-0431
Suite 416 Fax: 469-521-8782
Dallas, Texas 75206 Email: cj@cjacksonlaw.com
Spanish: 214-599-0432

2. F, J AND M NONIMMIGRANT VISAS
• FOREIGN STUDENTS ARE FOREGINERS
WHO ENTER THE UNITED STATES AS
NONIMMIGRANTS UNDER SECTION
101(a)(15)(F) of the INA. The principal
immigrant’s visa category is an F-1 (the
full time student) and their
accompanying family members are F-2
nonimmigrants. The F-3 category is
reserved for Canadian and Mexican
nationals and residence who enroll in
full time or part time studies in the
United States who commute to
approved institutions in the U.S. for
educational purposes. Strict
requirements must be met and
maintained to qualify for F visa status.

3. F, J AND M NONIMMIGRANT VISAS
(Continued)
• EXCHANGE VISITORS ARE
FOREIGNERS WHO ENTER THE
UNITED STATES AS
NONIMMIGRANTS UNDER SECTION
101(A)(15)(J) OF THE INA. The
principal immigrant’s visa category is
a J-1 and the principal immigrant’s
family member is a J-2. Immigrants
come to the U.S. as exchange visitors
as students, business trainees,
student interns, short-term scholars,
teachers, research scholars, doctors,
summer work programs, au pair
child care providers to host families
and many other short term
internship and residency capacities.

4. F, J AND M NONIMMIGRANT VISAS
(Continued)
• VOCATIONAL STUDENTS ARE FOREIGNERS
WHO ENTER THE UNITED STATES AS
NONIMMIGRANTS UNDER SECTION
101(a)(15)(M) of the INA. The principal
immigrant is classified as an M-1 and their
accompanying family members are
classified as M-2. The M-3 is reserved for
commuters from Canada and Mexico who
are admitted into approved educational
institutions in the United States. The
restrictions and rules applicable to M visa
holders are very similar to the rules and
requirements that applies to F visa holders.
Vocational students cannot pursue
academic educational programs, such as,
those pursued by foreign students under
the F visa category.

5. VISA VIOLATIONS LEAD TO UNLAWFUL PRESENCE UNDER THE F, J AND
M NONIMMIGRANT VISA PROGRAMS
• USCIS POLICY PM-602-1060.1
EFFECTIVE AUGUST 9, 2018 CHANGED
THE RULES WITH RESPECT TO
ACCRUAL OF UNLAWFUL PRESENCE BY
F, J AND M NONIMMIGRANT VISA
HOLDERS.
• DHS’ STATED GOALS FOR THE POLICY
CHANGE ARE: “TO REDUCE THE
NUMBER OF OVERSTAYS AND TO
IMPROVE HOW USCIS IMPLEMENTS
THE UNLAWFUL PRESENCE GROUNDS
OF INADMISSIBLITY UNDER INA
SECTIONS 212(a)(9)(B) and INA
212(a)(C)(i)(I).”

6. IMPACT OF NEW POLICY AS TO
F, J AND M NONIMMIGRANTS IN VIOLATION OF
STATUS BEFORE AUGUST 9, 2018
• F, J AND M NONIMMIGRANTS WHO FAILED TO MAINTAIN
THEIR NONIMMIGRANT STATUS BEFORE AUGUST 9, 2018
START ACCRUING UNLAWFUL PRESENCE BASED ON THAT
FAILURE ON AUGUST 9, 2018, UNLESS THEY HAD ALREADY
STARTED ACCRUING UNLAWFUL PRESENCE ON THE
EARLIEST OF THE FOLLOWING:
– The day after Department of Homeland Security denied the
request for an immigration benefit, if the DHS determined that
the foreigner violated his or her nonimmigrant visa status while
adjudicating a request for another immigration benefit;
– The day after the Form I-94, Arrival Departure Record, expired, if
the F, J or M nonimmigrant was admitted into the U.S. for a date
certain, or
– The day after an immigration judge ordered the foreigner
excluded, deported or removed from the United States
(whether or not the decision is appealed).

7. IMPACT OF NEW POLICY AS TO
F, J OR M NONIMMIGRANTS IN VIOLATION OF STATUS
ON OR AFTER AUGUST 9, 2018
• AN F, J AND M NONIMMIGRANT BEGINS ACCRUING
UNLAWFUL PRESENCE, DUE TO A FAILURE TO
MAINTAIN HIS OR HER STATUS ON OR AFTER AUGUST
9, 2018, ON THE EARLIEST OF ANY OF THE
FOLLOWING:
– The day after the F, J or M nonimmigrant no longer pursues
the course of study or the authorized activity, or the day
after he or she engages in an unauthorized activity;
– The day after completing the course of study or program,
including any authorized practical training plus any
authorized grace period provided by law;
– The day after the Form I-94 expires, if the F, J or M
nonimmigrant was admitted for a date certain; or
– The day after an immigration judge orders the alien
excluded, deported, or removed (whether or not the
decision is appealed).

8. HOW WILL DHS KNOW?
THE F, J & M NONIMMIGRANT IS OUT OF STATUS
• The Department of Homeland
Security (DHS) has access to
information concerning foreigners
on F, J & M Status from –
– Information contained in the
systems available to USCIS;
– Information contained in the alien’s
records;
– Information accessible to DHS
through Request for Evidence or
Notice of Intent to Deny; and
– Information contained in
educational institution’s student
enrollment records and so forth.

9. WHY DOES ACCRUING UNLAWFUL
PRESENCE MATTER?
• Unlawful presence is grounds for
inadmissibility under the INA
(Immigration & Nationality Act);
• Unlawful presence could be grounds
for denial of other immigration
benefits either temporarily or
permanently.
• Unlawful presence could be grounds
for removal, deportation and exclusion
from the United States.

10. F, J, and M Visa Programs
by:
COLEMAN JACKSON, P.C.
6060 N Central Expressway Office: 214-599-0431
Suite 416 Fax: 469-521-8782
Dallas, Texas 75206 Email: cj@cjacksonlaw.com
Spanish: 214-599-0432