F1 Visa Revoked: How foreign students can deal with Trump New Policies?

Over the past month, a new wave of visa revocations has caused panic among F-1 international students at college campuses nationwide.

In this video you will learn about what is happening, which students are being impacted, and how you can protect your immigration status moving forward.

Here’s What We Know

Without any prior notification, U.S. Immigration and Customs Enforcement (ICE) has been revoking visas and terminating SEVIS records for the following individuals:

Students who have had encounters with law enforcement
Students with criminal charges that have been dismissed
Students with very old misdemeanors pre-dating their most recent visa issuance
Students who have engaged in pro-Palestinian activism on college campuses and
Where the government learns that a student is working without lawful authorization

School officials first became aware of terminated F-1 student records after conducting routine checks of the Student & Exchange Visitor Information System (SEVIS). Still others became aware of their SEVIS termination after receiving an email directly from the State Department.

Why it’s Important

A student’s visa is the key that allows students to enter the United States, but their SEVIS record (known as Form I-20 Certificate of Eligibility for Nonimmigrant Student Status) is what determines their ability to remain inside the country. Students are allowed to remain until their “Admit Until Date” or D/S Duration of Status. This means a student can remain in the U.S. for as long as they comply with the terms of their F-1 visa.

Once an F-1 student’s SEVIS record is terminated, they automatically lose lawful status and are subject to removal from the United States if they do not leave the U.S. immediately. Under the Trump administration, F-1 visa holders admitted for “duration of status” begin accruing unlawful presence the day after their status ends.

Staying unlawfully in the U.S. can lead to very serious consequences, including a 3-year re-entry ban for unauthorized stays over 180 days but under one year.

Previously, unlawful presence only began when USCIS or an immigration judge officially determined a status violation.

Now the Trump administration is aggressively targeting students who they believe have violated the terms of their F-1 visa.

The policy change means students are immediately considered unlawfully present once their SEVIS record is terminated, making it easier for them to be detained and removed from the country by U.S. Immigration and Customs Enforcement (ICE).

How you can protect yourself

Stay in contact with your International Student Office regularly to conduct a check of your SEVIS record. If you have been affected or believe you may be targeted, contact an immigration attorney as soon as possible to evaluate your legal options.

Reinstatement

A possible legal remedy for students who have been affected is filing for reinstatement of the visa status. This will require the student to work with an experienced immigration attorney to request U.S. Citizenship and Immigration Services (USCIS) to reinstate the student’s legal status.

Not everyone is eligible for reinstatement. You are not eligible for reinstatement if you have been out of status for more than five months at the time of filing unless you can demonstrate the exceptional circumstance that prevented filing in that time frame.

If reinstatement is not possible you must depart the United States.

Lawsuit under the Administrative Procedure Act (APA)

Alternatively, your attorney may recommend for you to file a lawsuit under the Administrative Procedure Act (APA), a U.S. federal law that governs the actions of federal administrative agencies. This may provide relief to those whose status was terminated without due process and was unlawful.

Conclusion

The bottom line is that students must be proactive by contacting their Designated School Officials (DSO) to check the status of their SEVIS records. Students should be aware that the government is keeping schools in the dark so they may or not become aware of the circumstances for your revocation. When in doubt seek the advice of an immigration attorney to help you understand your legal rights.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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