On December 20, 2023, USCIS published a Policy Alert, announcing changes to its Policy Manual, specifically the guidance for F and M nonimmigrant students.
The guidance clarifies that a student
does not violate his or her nonimmigrant status by simply having a green card
application pending with USCIS. A student in F and M status, upon entry to the
US, is required to demonstrate that he or she has a
foreign residence and plans to leave the US after finishing his or her studies.
However, a student’s intent can change after
arrival in the US. At the time the student enters in F or M status, a student
can intend to leave the US at the completion of his or her schooling and then
can later change his or her intent and decide to apply for a green card in the
US.
The
guidance also announced several additional cosmetic changes to the Policy Manual, including a few new chapters
and transferring of section information.
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