Recently, the topic of F-1 visa revocations has intensified, and we have received numerous messages and questions from international students and families.
CheersYou（清柚教育） also specially invited an immigration lawyer to answer questions on-site for everyone yesterday.
Below is a recap of the on-site Q&A for your reference.
On-site Q&A Recap
Q: If I am only pulled over for speeding, will I be affected?
First, it depends on the state where the student is located:
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For example, in New York State, ordinary speeding is usually just a traffic ticket and does not constitute a criminal record;
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In some conservative states, such as Arizona, speeding can constitute a misdemeanor, especially when the speed is particularly high. For instance, if the speed limit is 60 and you drive at 120, that would be considered criminal speeding. Therefore, if a student is arrested on the spot for speeding in these states, a criminal record may be created.
Second, you can also judge the risk by looking at the content of the ticket:
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An ordinary Speeding Ticket carries little risk;
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If it involves being taken to the police station and having fingerprints taken, then it may be identified. Because all F-1 students have their fingerprints taken when entering the country, and if the police enter the fingerprints into the system, immigration authorities can match the identity;
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Roadside tickets where the police did not collect fingerprints have minimal impact.
However, in some conservative states, even if the police just stop you, they may record your personal information on the ticket, including your driver's license number. In such cases, special attention should be paid. Although it may not necessarily lead to immediate status revocation, there is potential risk.
So far, we have not heard of cases where speeding alone directly led to status revocation. However, we do have a client who was stopped for driving with an expired license, which counted as an arrest record and fell under the category of a criminal record. Speeding, if considered reckless driving, can also be counted as a criminal charge in some states.
Q: Once an F-1 is terminated, do I need to leave the country immediately?
According to common immigration law, once SEVIS is terminated, you are generally required to leave the country immediately. Unlawful presence of less than 180 days does not trigger the 3-year or 10-year entry bar.
However, some schools in California have responded that students can remain in the U.S. and do not need to leave immediately, as the school will communicate and coordinate with the government.
Whether there is a 15-day grace period after F-1 visa revocation depends on the specific reason for revocation:
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Generally, if it is due to withdrawal or authorized early withdrawal, the student will have 15 days to remain in the U.S.;
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If the F-1 visa is revoked due to a criminal record, there is no such 15-day grace period.
Q: Is it recommended to handle the situation while in the U.S. or from abroad?
Our current recommendation is that if you are not convicted but only arrested or your case has been dismissed, try to legally remain in the U.S. and wait for the situation to develop. Once you leave, it is very difficult to reapply for an F-1 visa to return under the current trend.
You can try to apply for F-1 reinstatement within the U.S., for example, by submitting Form I-539. Many schools are willing to cooperate by issuing a new I-20 and helping students complete the reinstatement process.
During the application period, students can continue to stay in the U.S. and attend classes, which also allows them to wait for further developments, including the progress of subsequent litigation.
Q: Is SEVIS termination equivalent to visa cancellation?
It is important to distinguish that "Status" and "Visa" are two independent legal concepts.
SEVIS record termination only means that the F-1 status has expired and does not automatically lead to visa cancellation. However, in most cases, the visa may be subsequently canceled.
Q: Does F-1 status termination mean I can never study in the U.S. again?
Not absolutely. As we mentioned earlier, there is a reinstatement path. Although it is not a guaranteed solution, it is indeed a widely attempted and recommended approach at present.
Of course, there are some special cases. For instance, a few students whose F-1 was revoked were required to leave the country as soon as possible, or there were situations where immigration authorities came to take them away. But so far, such cases are still in the very small minority.
The vast majority of students only receive a notice of SEVIS termination and are not immediately deported, meaning there is still some time to take remedial measures.
Q: Will law enforcement come to arrest me at my home?
This is indeed possible, especially if the person has a criminal record. However, most international students are not convicted but only have a record. In such cases, federal agents generally will not come to execute an arrest.
Q: For students whose status has been terminated, is a class-action lawsuit recommended?
The main benefit of a class-action lawsuit is the potential to save on legal fees, as students with similar cases can share the attorney costs.
It is advisable to take proactive action instead of waiting for others to organize a class-action lawsuit. If you have a few fellow students in similar situations, you can form your own group to hire a lawyer, which can resolve the issue faster and avoid the delays of waiting for others to organize litigation.
Although a class-action lawsuit can provide a cost-effective path, it does not guarantee a successful outcome. If your situation is very complex, you may need individual treatment rather than relying on a class-action lawsuit.
Q: Can academic dishonesty/misconduct lead to termination risk?
It is a reasonable concern, but slightly different from the current situation.
Academic behavior is typically initiated by the school, which may ultimately lead to F-1 status termination.
The current wave of student status cancellations is mainly due to direct intervention by the federal government based on criminal records.
Q: Will things like unpaid E-ZPass tolls have an impact?
Such matters are merely debts and do not fall under criminal or arrest records, so there is no need to worry.
If you are truly concerned, you can also obtain a copy of your own criminal record, such as by requesting it from the state police department.
Q: Can the school's International Student Services (ISSS) provide help?
Yes. If you need to do an F-1 reinstatement, ISSS must support you by issuing a new I-20. This is a critical step, so be sure to actively keep communication with the school.
Q: If I obtain a new I-20 from outside the U.S., can I smoothly return to continue my studies?
If there is no adverse record, getting a new I-20 and returning to the U.S. to continue studies is fine. Under normal circumstances, students in non-sensitive majors with a valid I-20 and visa will not be affected when returning.
General software development, data analysis, and similar fields are considered low-risk. High-risk areas include some related to chips, AI, and military; when applying for visas for such fields, it is important to simplify sensitive content.
Q: Will being selected in the H-1B lottery this year be affected?
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For those without any record: follow the routine process (RFEs may increase, but no direct correlation);
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For those with a record: proactively submit case clarification documents.
Subsequent Entry-Exit Advice for International Students in the U.S.
For incoming first-time entrants or new students starting in September
For students applying for an F-1 visa or entering for the first time, the risk is actually not high. Generally, two points should be noted:
1. Visa materials should be well-prepared, providing a complete and clear study plan. Visa preparation can follow the normal timeline; it is usually recommended to start the visa application and appointment process after receiving the I-20 form.
2. When entering the U.S., answer the immigration officer's questions truthfully, and it is advisable to be more thoroughly prepared. For example: carry the original I-20, school admission letter, proof of payment, housing arrangement information, as well as your own study plan, and some people even prepare recommendation letters or professor contact information, to demonstrate that you are genuinely coming to study.
For returning students who have previously stayed in the U.S.
These students need to be more careful. The immigration officer may ask questions such as what you did during your stay in the U.S., whether you had any legal violations, whether you attended classes as required, etc.
At this time, you need to answer truthfully and with a sincere attitude. If you have indeed had any police records, even if not prosecuted, it is recommended that you check with the school or a lawyer before entry to see if additional explanatory materials need to be prepared.
Nowadays, there may be inspections of phones, laptops, etc. upon entry. It is recommended to delete sensitive content such as chat records, unauthorized CPT work/internships, political statements, etc.
Finally, we remind everyone to stay calm, continuously monitor notices from the school's international student office, keep communication channels open, and once you receive any relevant notice, promptly contact a professional lawyer for assistance, and do not make decisions out of panic.
Students whose current study visas are normal should not be overly panic-stricken. If you are simply studying, interning, and completing your studies normally in the U.S., you are unlikely to be affected.
CheersYou（清柚教育） will continue to follow up on relevant developments and provide you with the latest interpretations and coping advice.
