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In recent years, U.S. department of Homeland Security has ramped up efforts to enforce visa rules more strictly, especially under previous administrations. International students (on F-1 visas) need to be especially cautious to maintain their legal status in the U.S. and avoid potential deportation, fines, or other penalties.

This write up is to alleviate concerns. Not every student needs to worry and not every travel plan needs to be cancelled. Most students follow the law and successfully complete their programs.

If you’re a student visa holder, understanding the Do’s and Don’ts is critical for ensuring that you remain in compliance with U.S. immigration laws. Here’s a practical guide to help student visa holders navigate the post-crackdown landscape:

Do's for Student Visa Holders

Stay Informed About Policy Changes

Immigration policies can change quickly, so prioritize staying updated on any changes from USCIS or DHS. Also, follow your university’s international student office for guidance on new visa requirements or legal challenges.

Maintain Full-Time Enrolment

F-1 visa holders are required to maintain full-time student status to remain in compliance with visa regulations. Full-time status is typically defined as 12 credit hours for undergraduate students and 9 credit hours for graduate students, although this may vary based on your university. Should you drop below full-time enrolment for any reason, prior approval from your Designated School Official (DSO) is necessary to avoid violations.

Keep Your Address and Contact Information Updated

It is imperative to keep your current contact information updated with your university’s international office and the SEVIS (Student and Exchange Visitor Information System) database, as ICE and USCIS may send important notices or updates regarding your visa status. Report any changes to your address within 10 days to ensure compliance with immigration regulations.

Ensure Your Employment Remains Legal

When engaging in Optional Practical Training (OPT), Curricular Practical Training (CPT), or on-campus employment, it is essential that your work authorization remains current. Be aware of the limitations on work hours—F-1 students can typically work up to 20 hours per week during the semester on campus and full-time during breaks.

Consult Your DSO Before Making Any Major Changes

Prior to making any changes that might affect your status—such as dropping a class, altering your course load, transferring schools, or leaving the U.S.—consult with your DSO. The DSO is the official point of contact for maintaining your legal status. If you are considering taking a leave of absence or withdrawing from the university, ensure that you follow proper procedures and understand the repercussions for your visa status.

Document Everything

Maintain thorough records of all correspondence with your school, the government, or your immigration attorney. This includes any changes in your visa status, immigration forms, and approvals for employment or travel. Keep copies of any documents or notices sent by ICE or other immigration enforcement agencies.

Seek Legal assistance if You're Concerned or unsure

If you have reason to believe ( due to any past incidences/ warning notices/arrests/ issues with dates/timelines etc) that you may be subject of visa issues or visa revocation, or denial of entry to the US, or you receive a notice from ICE or USCIS or have uncertainties about your visa status, it is crucial to consult with an immigration lawyer specializing in student visas.

Don'ts for Student Visa Holders

Respond to ICE Notices or Requests

If you receive a notice or request for information from ICE, respond in a timely manner and seek guidance from your DSO or an immigration lawyer. Ignoring a request from ICE can result in consequences, including a violation of your visa status or deportation.

Work Only With Authorization

Do not work without the appropriate authorization. Working beyond your authorized hours or in an unapproved job violates your student visa conditions and could lead to deportation. Be cautious about off-campus work; unauthorized employment may result in severe penalties.

Be Aware of Potential Scrutiny

Following an ICE enforcement action, there may be increased scrutiny on visa holders. Be prepared for random checks, especially if your university has been under observation or if you have had issues maintaining full-time status.

Consult Your DSO Before Leaving the U.S.

Leaving the U.S. without proper documentation can create problems when trying to re-enter. Consult with your DSO beforehand to ensure your visa remains valid and that you are not risking a violation. Ensure that your visa is valid for re-entry, as you may not be permitted back into the U.S. if it expires while you are out of the country.

Notify Changes in Address or Employment

As an F-1 visa holder, report any address change or employment status change within 10 days. Failure to do so may violate your visa conditions. Inform your DSO of any changes, whether you are moving to a new apartment or changing employers.

Do Not Overstay Your Visa

Overstaying your visa—even by a few days—can lead to consequences, including being banned from returning to the U.S. for a number of years. Ensure you are aware of expiration dates for your visa and apply for necessary extensions or changes of status in advance.

Ensure Compliance With Visa Conditions

Do not assume your visa status is automatically safe or that minor violations will be overlooked. If you have violated any visa conditions, take immediate action. Stay proactive and cautious, as even minor mistakes can lead to serious consequences during enforcement actions.

Conclusion

Every student’s situation is different An ICE crackdown can be a stressful time for international students, especially those on F-1 visas. However, staying informed, compliant, and proactive can go a long way in ensuring that you avoid legal trouble. By following the Do’s and avoiding the Don’ts, you can protect your visa status, avoid complications, and focus on your studies without the constant worry of falling out of status. If in doubt, always seek help from your DSO or an immigration lawyer to clarify any concerns and ensure that you remain in good standing with U.S. immigration authorities.

Please contact Esq. Ravneit K Brar, Immigration Attorney at +1-202-926-7140 or +91-9910112085 or email at info@imbimmigrationlaw.com