F1 visa revoked? Foreign students can still stay in US if status is valid

Don't want to miss the best from Business Standard?

Foreign students in the United States do not have to leave the country immediately if their visas are revoked or cancelled, immigration experts have clarified, following a recent crackdown by the US Department of State.  

 

Over 300 student and exchange visitor visas have been revoked in recent weeks, United States Secretary of State Marco Rubio said last month. The development has sparked concern among international students, some of whom reported receiving cancellation notices over political activism or social media activity.  

 

The revocation applies to the visa stamp, not status

 

US immigration experts say students can continue living and studying in the country as long as they maintain their legal status, even if their visa has been revoked. For example, they must still be enrolled full-time in a valid academic programme and follow all the conditions tied to their F-1 or J-1 visa status.

 

“Generally, if the visa of a student has been revoked in the US, the student is legally allowed to stay in the US and complete the education,” said Sheela Murthy, president and CEO of the US-based Murthy Law Firm.  

 

“The visa revocation only applies to the visa that is stamped in the passport and does not apply to a person's legal status in the US. Under the law, the person's legal status remains intact and hence the F1 student should be allowed to stay on F1 status and continue the education in the US,” she told Business Standard.   

Under current rules, the State Department can revoke non-immigrant visas, including F-1 (student) and J-1 (exchange visitor) visas, for individuals arrested or convicted for driving under the influence (DUI or DWI) or similar offences within the past five years.  

 

Some students have also reported receiving notices due to political activity or social media posts.  

 

“It is our understanding that many international students have been receiving emails from the US Dept of State instructing them that their visas have been cancelled or revoked due to being politically active on campus or having shown that they are in support of certain countries or their policies,” said Murthy.  

 

“The administration is hoping to instil fear and panic among students as happened in the 1950s in what is generally referred to in the US as the McCarthy era, so that they will toe the line,” she said.  

 

What must students do?

 

Students are reportedly removing political posts and opinions from social media to avoid being targeted.  

 

“No lawyer or law firm can provide case-specific strategies in a generic fashion as to what students should do in such a scenario because each case is unique,” said Murthy.  

 

She added that many students have reached out through calls and consultations seeking legal options. Some may consider challenging the US federal government in court.  

 

“One of the legal options for such students could be to challenge or sue the US federal government because it appears to be a clear violation of the language and intent of the US constitution,” said Murthy. “Many litigation law firms are already challenging the federal government, and the issue is likely to go to the US Supreme Court.”  

 

What happens if you travel

 

Once a visa is revoked, it becomes invalid for travel. Students who leave the US must apply for a new visa at a US embassy or consulate before returning.  

 

“If a student leaves the US, they must apply for a new F1 visa stamp from abroad,” said Murthy. “The visa stamp is only required for re-entry, not for stay.”  

 

Ketan Mukhija, senior partner at Burgeon Law, told Business Standard, “Consulting their university’s International Student Services (ISS) office can help maintain their Student and Exchange Visitor Information System (SEVIS) record or obtain a new Form I-20 for re-entry.”  

 

He also warned that violations such as unauthorised work or prolonged absence can make it harder to get a new visa.  

 

Recent clarifications from the University of Calgary, the University of Chicago, and Georgia Tech also provide key insights to help students understand what this means for their status and future travel plans:

 

Students might find out if their visa has been revoked through:

An official email or letter from a US embassy or consulate  

Being denied entry at a US port after international travel  

 

Those with DUI or similar offences should contact the visa-issuing post before travelling.  

 

Travel checklist for students:

Do not book tickets until confirming visa status  

Contact the embassy or consulate if unsure  

Speak to your international student office  

Consult an immigration lawyer if needed  

 

No travel plans? You can stay

 

Students who are already in the US and do not intend to travel are not affected by visa revocation, as long as they maintain a valid Form I-20 (for F-1/F-2) or DS-2019 (for J-1/J-2) and follow all academic and visa rules.  

 

Revocation of a primary visa may also affect dependents on F-2 or J-2 visas.  

 

If you’ve had a DUI

 

If you’ve been arrested or convicted for DUI or DWI after getting your visa, it may have been revoked without your knowledge. Some have found out only at the airport.  

 

If you intend to travel, contact the issuing consulate or embassy in advance—ideally before buying tickets—and avoid leaving the US until you confirm the visa’s status.  

 

Murthy said: “There is certainly panic among students and others in the US, including those on H1B status and Lawful Permanent Residents. This goes at the very heart of what the US has always stood for, the concept of being the safe haven for freedoms, including the freedom of speech and expression, which is considered at the very bedrock and fundamental to the country and its democracy.”