Distinguishing Visa Revocation from Loss of Status

Secretary of State Marco Rubio indicated that the federal government will use AI-assisted reviews of tens of thousands of social media accounts of F-1 visa holders in search of sympathies or support of terrorism. The federal government already revoked many student visas from foreign nations because of participation in controversial protests as a result of the Israel-Gaza conflict.

Foreign nationals holding nonimmigrant visas, such as student visas, should note that revocation of a visa does not automatically end their status in the United States if they are lawfully in the United States, it merely prevents re-entry. In theory, students with revoked visas could maintain their lawful status and complete their academic program. Of course, students with revoked visas could also be targeted for termination of their status, apprehended by ICE, and placed in removal proceedings; however, they could challenge government allegations and present defenses to removal from the United States. Students with revoked visas could also file a petition to reinstate their visa if erroneously revoked.

While visa revocation can be overwhelming, foreign nationals should take the time to understand the reasons for revocations, their legal rights, and available options to remain in the United States.

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