As the US revokes over 300 foreign student visas, some FAQs answered

The self-deportation of Ranjani Srinivasan, an Indian doctoral student at Columbia University, last month came after her F-1 student visa was revoked for allegedly “advocating for violence and terrorism” and supporting Hamas.

Fellow Columbia graduate student Mahmoud Khalil, a Syrian of Palestinian origin, was detained last month by immigration officials on similar charges. A Louisiana immigration judge will determine the legality of his deportation on Friday (April 11).

What is a student visa?

Quite simply, it is the visa issued to immigrant students intending to pursue higher education.

In the US, the F-1 visa is issued to foreign students who secure admission to a higher education programme in a college or university accredited by the Student and Exchange Visitor Programme (SEVP) of the DHS. They should also meet certain eligibility criteria set by the school and the federal government.

Students enrolled in vocational or non-academic programmes (barring language training) may be eligible for the M-1 visa, issued to vocational students.

What does the F-1 visa entail?

Eligible students are issued the F-1 visa for the duration of the student’s stay in the US, and they can seek an extension of the visa through the US Citizenship and Immigration Services (USCIS) if their coursework or research exceeds the planned duration.

Students in the US on an F-1 visa are not allowed to work off-campus in their first academic year. After the first year, they may engage in either Curricular Practical Training (CPT), allowing them to pursue subject-related training during their academic program, or Optional Practical Training (OPT), which they typically pursue after completing their program.

They are also required to prove they can afford to live in the US for the period of study, by showing they have enough money in the bank.

What rights does the F-1 visa grant students?

F-1 visa-holders usually enjoy the same constitutional protections and rights as American citizens, according to Joshua Bardavid, a New York-based immigration lawyer who spoke to The New York Times.

However, the visa can be suspended or revoked if immigration officials determine that students are not complying with visa rules. The NYT report cited US Secretary of State Marco Rubio’s move to screen the social media content of visa applicants to potentially bar entry to students who criticised the US and Israel.

Who is ineligible for entry to the US under the F-1 visa?

The US Department of State Travel can deny entry to F-1 visa applicants under Sections 214(b), 221(g) and 212(a) of the Immigration and Nationality Act. Section 212(a) in particular lays out grounds for inadmissibility to the United States, including factors like terrorism, criminal convictions and certain health issues, among others.

The restrictions on people suspected of terrorism date back to the peak of American anti-crime policies in the 1990s, and a doubling down with the ‘war on terrorism’ post 9/11. Currently, foreign-born students who are naturalised citizens or lawful permanent residents of the US risk losing their right to live there if immigration officials can connect them with a terrorist organisation.

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And who can have their visas revoked?

The AP report said that leaders at several colleges became aware that the F-1 visas of some of their international students were revoked when they checked a DHS-managed database. Until now, visas were revoked only if F-1 visa holders had violated the rules of their visa programs, or were otherwise determined to be a public danger, the NYT reported. Rules violations typically pertain to the standards of academic performance and the period of visa eligibility.

Students have the option to appeal against their revocation, but face slim odds of success, Bardavid told the NYT.

So, do all students who have their visas revoked have to leave the US?

Traditionally, no. Students who have their visas revoked are usually allowed to maintain their legal residency status and complete their studies, barring only their ability to leave or return to the US. They could reapply to the State Department for the same.

However, a student who has lost their residency status must either leave the US immediately or risk detention by immigration officials.