Question:
From the recent news, some
international students' F-1 visas have been revoked. As a F-1 student,
do we need to worry about it? and do we have some rights to fix the
issue?
Answer:
Some international students
with F-1 visa in the United States are facing the issue that their F-1
visas have been revoked, and their SEVIS records are terminated. Thus,
this causes tremendous fear and confusion.
If you receive this notification, please be sure to contact your
university International Center immediately, so that the advisors can
help you decide on next steps. If your SEVIS record is terminated, you
will lose your F-1 student status, which means you can no longer
legally stay in the U.S. to study, work, or travel with that status.
Additionally, your visa will be revoked, and you may be subject to
removal proceedings.
The U.S. government maintains the right to revoke visas for various
reasons, including DUI convictions or related offenses. They can also
be revoked for national security purposes at the discretion of the
State Department.
If your school is willing to keep you enrolled. SEVIS termination does
not automatically cancel your university enrollment, and some schools
may try to fix the issue by requesting a “SEVIS data
correction” from the U.S. government. Your university can ask
SEVIS to fix what may be a technical or unjustified termination. These
requests are sometimes denied, but it may be worth trying.
If you are not in removal proceedings, you may be able to challenge the
SEVIS termination under the Administrative Procedure Act (APA). If the
U.S. government begins formal removal proceedings, you have the right
to a hearing in immigration court. You can request a bond if detained,
and argue that you have maintained valid status.
The following are some options after your F-1 visa termination:
1) Travel and Re-entry: You
can attempt to re-enter the U.S. with a new I-20 and a new visa, but
your previous visa is invalid.
2) Reinstatement: You may be
eligible to apply for reinstatement of your F-1 status, if you meet
certain requirements, such as applying within five months of
termination, not having worked without authorization, and demonstrating
that the termination was not your fault.
3) Changing to Another Visa:
If eligible, you can explore changing to another type of visa, such as
a visitor visa (B-2) or a temporary worker visa (H-1B),.
4) Consulting with an
Immigration Attorney: It is recommended to seek legal advice from an
immigration attorney to understand your options and navigate the
process.
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