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