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Form 8843 ND: What You Should Know

Foreign Nationals Present in the U.S. Under F-1, F-2, J-1, or J-2 Nonimmigrant Status — Form 90-22, Form 90-23, or -Form 90-25 Form 8843 — Nonresident Aliens Present in the U.S. Under F-1, F-2, J-1, or J,2 Nonimmigrant Status Foreign Nationals Present in U.S. Under F-1, F-2, J-1, or J-2 Nonimmigrant Status ‬ (1) Form 8843, or any other informational statement, must be filed with the following exceptions: An alien has not been present in the U.S. for more than 30 days in the calendar year, and meets one of the following conditions: The alien is in a recognized humanitarian emergency. The alien is a refugee in need of protection. The alien is a nonimmigrant under section 214(a)(9). This filing requirement applies if the alien or alien spouse and children were not lawfully admitted for permanent residence. An alien has not been present in the U.S. for more than 30 days in the calendar year, and meets one of the following conditions. An alien has been present in the U.S. for more than 30 days in the calendar year but was present in excess of that for the year. An alien meets one of the following conditions if he or she was not present in the U.S. for more than 30 days in 2017. He or she: A nonimmigrant student. A lawful permanent resident. An immigrant and was not present in excess of 90 days during 2017. A nonimmigrant married to a U.S. citizen (i.e., lawfully admitted for permanent residence) for the entire calendar year during which spouse is not present in the U.S. For a full list of conditions for nonimmigrants, click here. The same is true for students who are U.S. citizens. (To read more about nonimmigrant students, click here.) An alien is a permanent resident if the alien was lawfully admitted for permanent residence and received a green card or a refugee visa. An alien, or its spouse or unmarried adult sons and daughters or the unmarried son of a U.S. citizen who was present for at least one year if unmarried, may not qualify for Form 8843.

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