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P. 40
IMMIGRATION APRIL 18, 2025 | The Indian Eye 40
A Foreign Student Whose Visa
Has Been Revoked by Trump Should Still
Be Able to Continue to Attend School
BY CYRUS D. MEHTA AND tration has taken numerous quotes Cyrus Mehta). them to self-deport or face “Present in violation of
actions targeting students The State Department arrest and deportation. “The law – Any alien who is pres-
KAITLYN BOX*
involved in pro-Palestine has the authority to revoke crackdown is based on so- ent in the United States in vi-
protests for immigration en- the underlying visa in the cial-media reviews being olation of this Act or any oth-
he revocation students’ forcement actions in recent passport under INA 221(i), conducted by DOS (which er law of the United States,
visas has caused alarm
Tand panic. Our blog weeks, including the arrest however, a student can still includes Consulate officials). or whose nonimmigrant visa
Thus, even new student ap-
of student activist Mahmoud maintain F-1 visa status
(or other documentation
advises that the revocation Khalil, who is a lawful per- while in the US and there is plications . . . will also come authorization admission
of a visa in the passport does manent resident, as well as no change in the Student Ex- under such social media into the United States as a
not necessarily result in a vi- the arrest of a researcher at change and Visitor Program. scrutiny.” Kably reports that nonimmigrant) has been re-
olation of nonimmigrant sta- Tufts University in F-1 sta- Until Trump took office on some students have received voked under section 221(i) is
tus. The student may still be tus, Rumeysa Ozturk, who January 20, 2025, the State the emails “for something as deportable.”
able to continue their studies has been targeted for depor- Department revoked the innocuous as sharing a social Even if one is not in vi-
at the school. tation for merely writing an visa if the student had been media post.” olation of the INA, but their
On March 27, 2025,
In a prior blog written in nonimmigrant visa has been
Secretary of State Marco op-ed in the student news- arrested in the US for a mi- 2017 when Trump during his revoked, they can be placed
paper that was critical of nor offense, such as driving
Rubio announced at a press Tufts and Israel. There have while intoxicated. The stu- first administration revoked in removal proceedings. If
conference that the Depart- been other cases of Indian dent was still considered to visas based on country bans, the sole basis of placing the
ment of State had revoked students whose visas have be maintaining F-1 status we explained that revocation individual in removal pro-
the visas of approximately been revoked such as Bader and could continue to study. of a visa does not necessari- ceedings was due to the revo-
300 foreign students. This Suri and Ranjana Srinvasan Similarly, an individual who ly prevent a noncitizen from cation, under INA 221(i), the
disturbing measure comes (discussed in this article that was in H-1B status when the maintaining status in the U.S. revocation can be challenged
after the Trump adminis-
underlying H-1B visa got For example, if a student was in removal proceeding.
revoked could continue issued an F-1 and has already As INA 237(a)(1)(B)
to work for the H-1B been admitted into the Unit- makes clear that a nonimmi-
employer in the U.S.. If ed States in F-1 status when grant whose visa was revoked
the nonimmigrant in F-1 the visa is revoked under a but has otherwise been main-
or H-1B status departed travel ban pursuant to INA taining status is still in status
the US, they would need 212(f), the revocation of the until they are removed, there
to apply for a new visa in visa would not impact this is no basis for DHS or a uni-
their passport. student’s ability to maintain versity to terminate impacted
ICE has now sneak- F-1 status so long as she is students’ F-1 status until they
ily usurped the functions enrolled in the designated are removed. If a student is
of the Designated Stu- school and is complying with in proceedings and not de-
dent Officer by cancel- all the other terms of her sta- tained, they can still attend
ling F-1 student status tus, such as not engaging in school and maintain status.
in the Student Exchange unauthorized employment. This principle applies even if
and Visitor Program If the student leaves the a student’s F-1 status in SE-
(SEVIS) without warn- United States, however, she VIS is terminated.
ing, according to Zeteo. will not be able to come back The Trump adminis-
Even if the visa is re- to the United States without tration has been detaining
voked and the F-1 status obtaining a new visa. Similar- students after their visa has
has been terminated in ly, an individual whose H-1B been revoked. If the student
SEVIS, a foreign stu- visa is revoked may continue is detained after removal pro-
m of dent can still continue to maintain H-1B status but ceedings have been initiated,
CYRUS D. MEHTA & PARTNERS PLLC to study and if placed must remain in the employ- a habeas petition may be filed
ment of the petitioning enti-
in deportation proceed-
to obtain release of the stu-
ings should challenge ty that applied for the H-1B dent. The student should also
the deportation before visa classification on his be- challenge the deportation
an Immigration Judge. half. This individual may also in immigration court on the
According to a The seek an extension of status or grounds that the revocation
Times of India article change of status while in the has no basis especially when
by Lubna Kably, hun- United States. the student was engaged in
dreds of international Note that a nonimmi- lawful protected speech as in
students have received grant whose visa has been re- Khalil’s case. While the stu-
2 6th Floor emails from the State voked is subject to removal. dent is contesting the grounds
Department warning INA 237(a)(1)(B) provides: of deportation, they can con-
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