The F-1 visa in the U.S. is granted to foreign students who have been accepted to study at accredited colleges or universities participating in the Student and Exchange Visitor Program, which is overseen by the Department of Homeland Security
International students in the United States are increasingly facing abrupt revocations of their student visas for various reasons, including minor traffic infractions and pro-Palestinian activism, as reported by the Associated Press.
This development is part of a broader initiative by US President Donald Trump to tighten immigration policies, reflecting a commitment made during his campaign. Consequently, the Department of Homeland Security (DHS) is instructing these students to leave the country immediately, marking a departure from the established practice of allowing them to stay until they complete their studies.
The recent self-deportation of Ranjani Srinivasan, an Indian doctoral candidate at Columbia University, occurred after her F-1 student visa was canceled due to allegations of “advocating for violence and terrorism” and supporting Hamas.
Similarly, Mahmoud Khalil, a Syrian graduate student of Palestinian descent at Columbia, was detained by immigration authorities last month on comparable charges. A Louisiana immigration judge is set to rule on the legality of his deportation on Friday, April 11.
What is a student visa?
A student visa is a document granted to international students who wish to pursue higher education in the United States.
In the US, the F-1 visa is designated for foreign students who gain admission to an accredited college or university program recognized by the Student and Exchange Visitor Program (SEVP) under the DHS. Applicants must also fulfill specific eligibility requirements established by both the educational institution and the federal government.
Students enrolled in vocational or non-academic programs (excluding language training) may qualify for the M-1 visa, which is intended for vocational students.
What does the F-1 visa entail?
The F-1 visa is granted to eligible students for the duration of their stay in the US, and they may apply for an extension through the US Citizenship and Immigration Services (USCIS) if their academic or research commitments extend beyond the initially planned timeframe.
Students in the United States holding an F-1 visa are prohibited from working off-campus during their initial academic year. Following this period, they may participate in Curricular Practical Training (CPT), which allows them to engage in training relevant to their field of study while enrolled, or Optional Practical Training (OPT), which is generally undertaken after the completion of their academic program.
Additionally, these students must demonstrate their financial capability to support themselves during their studies in the US by providing evidence of sufficient funds in their bank accounts.
What rights are afforded to students with an F-1 visa?
According to Joshua Bardavid, an immigration attorney based in New York, individuals holding an F-1 visa typically enjoy the same constitutional rights and protections as US citizens.
However, it is important to note that the visa may be suspended or revoked if immigration authorities find that students are not adhering to the established visa regulations. A report by the New York Times highlighted US Secretary of State Marco Rubio's initiative to review the social media activity of visa applicants, which could lead to the exclusion of students who have expressed criticism towards the US and Israel.
Who is disqualified from obtaining an F-1 visa to enter the US?
The US Department of State has the authority to deny entry to F-1 visa applicants based on Sections 214(b), 221(g), and 212(a) of the Immigration and Nationality Act. Notably, Section 212(a) specifies various grounds for inadmissibility to the United States, including issues related to terrorism, criminal records, and certain health conditions, among others.
The restrictions concerning individuals suspected of terrorism trace back to the height of American anti-crime initiatives in the 1990s, which intensified following the post-9/11 'war on terrorism.' Presently, foreign-born students who are naturalized citizens or lawful permanent residents of the US may risk losing their residency if immigration officials can link them to a terrorist organization.
Currently, the US has sought to enforce these regulations.
Additionally, who may have their visas revoked?
Do all students with revoked visas need to exit the United States?
Generally, the answer is no. Students whose visas have been revoked typically retain their legal residency status and can continue their education, although they may be restricted from traveling to or from the US. They have the option to reapply to the State Department for the same visa.
Conversely, a student who has lost their residency status is required to leave the US without delay or face the possibility of detention by immigration authorities.
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