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Studying in the US? Know the rules-even small mistakes can cost your visa

Business Standard spoke to immigration experts to understand what Indian students in the US need to know right now

US President Donald Trump

US President Donald Trump | Image: Bloomberg

Surbhi Gloria Singh New Delhi

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International students in the United States are facing fresh uncertainty after US Immigration and Customs Enforcement (ICE) officials revoked the visa status of thousands of students recorded in the Student and Exchange Visitor Information System (SEVIS).
 
A report by ICEF Monitor, which provides data on international education and student travel, said that nearly 5,000 student records were affected at the peak of the revocation activity.
 
Following legal challenges from students, universities and education bodies, ICE reversed its decision in late April and restored the visa status of those affected.
 
Despite this, US authorities have moved to reinforce their legal powers to cancel student visa status and proceed with deportations.
 
 
Business Standard spoke to immigration experts to understand what Indian students in the US need to know.
 
Immigration and criminal violations
 
Prashant Ajmera, immigration lawyer at Ajmera Law Group, explained the distinction between immigration and criminal violations.
 
“Immigration violations occur when a student breaches the terms of their visa,” said Ajmera. Examples include:
 
Not maintaining full-time enrolment
Overstaying the authorised period
Working off-campus without permission
Starting a business without approval
 
Ajmera said, “These violations can lead to termination of the SEVIS record, deportation, bans of three or ten years from returning to the US, and serious difficulties obtaining future visas.”
 
Criminal violations, he added, involve breaking US laws and can overlap with immigration breaches.
 
“Underage drinking, drink driving, credit card fraud, shoplifting, or possession of prohibited items can all trigger criminal proceedings, visa revocation and removal from the US,” said Ajmera.
 
He explained that the US maintains interconnected databases accessible by enforcement agencies, which allow cross-checking of student data.
 
Busting Myth: Only criminal offenders lose visas
 
“It’s a misconception that only crimes lead to visa revocation,” said Mamta Shekhawat, founder of Gradding.com.
 
“Students can lose visas for non-criminal issues such as not maintaining student status, breaching visa terms, providing false information or even questionable social media activity. We’ve seen cases where incomplete forms or small documentation errors caused delays, rejections and cancellations.”
 
Kajal Dave, co-founder of LaunchEd, added: “Minor documentation lapses that are corrected promptly won’t usually lead to visa loss. Repeated or serious discrepancies, however, draw attention. Students must keep records updated and act fast if issues arise.”
 
Peeyush Agarwal, co-founder and CEO of Invest4Edu, warned that unauthorised work is a common reason students fall foul of visa conditions.
 
“Many students mistakenly take freelance or part-time work off-campus without approval from their Designated School Official or US Citizenship and Immigration Services. Failing to maintain a full course load or not informing the university about changes of address or school can also trigger loss of status,” said Agarwal.
 
He pointed out that academic dishonesty, overstaying or even minor criminal offences could also result in cancellation of visas.
 
“The biggest issue is often not wilful wrongdoing but simply a lack of awareness,” said Agarwal. “Students should speak regularly with their international student office and never assume something is allowed under their visa.”
 
Advice for students facing legal trouble
 
Ajmera said students should remain calm if contacted by US authorities.
 
“Never resist or run from police, as that turns a small problem into a criminal offence. Ask for legal representation immediately,” said Ajmera.
 
He added that defending cases in the US can be costly and intimidating for young students unfamiliar with the legal system. “Many international students may struggle to afford legal counsel. While protections exist, the process can be overwhelming, particularly for students under 25 who have never encountered legal issues before,” he explained.
 
Shekhawat suggested that students avoid problems by carefully checking every document before submission. “A small mistake can have large consequences,” she said.
 
Students contacted by immigration should document everything, said Dave. “They should politely ask for the purpose of the inquiry and involve their school’s international office or immigration adviser immediately,” she said.
 
Agarwal said, “While schools have support services, students facing delays, administrative errors or unfair visa cancellation often find themselves in a grey area. Independent legal help is expensive and not accessible to all students. Their options depend heavily on personal finances, institutional support and access to legal advice.”
 
He continued: “International students contribute billions to the US economy and enrich research and education. It is essential they have proper legal safeguards and clear guidance on how to handle immigration issues.”
 
Agarwal advised students who are approached by officials despite following rules to keep calm, request written communication and seek help from their Designated School Official.
 
“Never send extra documents or statements without legal advice,” he said. “Keeping proper records and knowing who to turn to can help resolve these situations effectively.”

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First Published: May 09 2025 | 11:49 AM IST

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