U.S. Citizenship and Immigration Services finalized a new policy that would make foreign students who overstay their F or M visas eligible for deportation. A draft policy issued in May stated that foreign students would become immediately deportable if they stayed in the U.S. a day after their visa expired. But the final policy – which went into effect immediately – suspends the accrual of “unlawful presence” if the student has filed a timely application for renewal of status and if that application is pending. If the reinstatement application is denied, the accrual of unlawful presence resumes on the day after the denial, said USCIS, adding: “It is incumbent on the nonimmigrant to voluntarily leave the United States to avoid accruing more unlawful presence that could result in later inadmissibility” back to the U.S.The revised policy was issued after the draft proposal underwent a required 30-day public comment period.As a result of public engagement and stakeholder feedback, USCIS has adjusted the unlawful presence policy to address a concern raised in the public’s comments, ultimately improving how we implement the unlawful presence ground of inadmissibility as a whole and reducing the number of overstays in these visa categories, said USCIS director L. Francis Cissna in a press statement.