U.S. Students and Exchange Visa Applicants holding F1 and J Nonimmigrant Visas Are Advised to Follow Specific Guidelines
The U.S. Department of State (DOS) and U.S. Citizenship and Immigration Services (USCIS) have indicated they will focus with more scrutiny on social media vetting for student and exchange visitor applicants. These instructions have been provided both to consular and domestic officials and for when foreign nationals submit requests for benefits from USCIS domestically. The instructions stem from Executive Orders 14161 and 14188, in which the President had stressed more vigilant and thorough background checks for all visa applicants.
In addition, consular officials are mandated to verify social media handles for all applicants, with special emphasis on foreign students and exchange visitors who may be planning studies, internships, or periods of training in the United States. To date, Secretary of State Marco Rubio has announced that 300 F1 visas have been revoked. However, the immigration bar has advised that it believes many more students are affected by visa revocation to date.
Due to the heightened security and more rigorous eligibility review, applicants must:
- Clearly evidence that they plan to pursue fulltime studies at accredited institutions in the United States;
- Demonstrate that they will follow visa regulations during their planned stay in the United States;
- Assume that consular officials will screen, in detail, each applicant’s online, digital, and social media presence.
Can Visas be Revoked?
New guidelines also include the process for revoking students and exchange visitor visas. If new information surfaces post-approval and a student is ineligible for the visa, the status will be revoked. If a student has a criminal charge, even a misdemeanor, it could trigger a revocation of the student visa status in the Student Exchange Visitor Program (SEVIS). The American Immigration Lawyers Association (AILA) notes that in recent weeks, many students have had their SEVIS records terminated directly by U.S. Immigration and Customs Enforcement (ICE). This is a departure from the standard notification that designated school officials (DSO) or J1 visa sponsors would receive regarding visa revocations. AILA has indicated it plans to file a temporary restraining order against the government related to these visa revocations that might be issued without cause, in error, and with no advance notification to students or exchange visitor visas.
To ensure that their status is maintained, foreign students should –
- Review any emails from the Department of Homeland Security (DHS) identifying reasons for stated termination, which would be found under “otherwise failing to maintain status.” Reasons underlying this failure would include:
- Serious adverse foreign policy consequences (INA 237(a)(4)(C)(i)).
- Identification in a criminal record check (INA237(a)(1)(C)(i).
Students notified of revocation of their visa status should download all SEVIS records, I20 forms, and notes and save all screenshots, download their I94 and travel history and keep soft copies of all passport ID pages, visas, I20 forms and both sides of any EAD (employment authorization document).
Students should also notify their DSO regarding the visa revocation and secure legal advice regarding next steps to seek reinstatement of their visa status and avoid accruing unauthorized stay in the United States which could affect future intent to visit or work in the United States.
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