Saturday

06-21-2025 Vol 1998

Foreign Students Face Visa Struggles After ICE Termination: A Look at the Consequences

Amid uncertain immigration policies, international students in the United States are navigating a complex legal landscape, with many feeling the acute effects of sudden decisions by authorities.

One student, who wished to remain anonymous due to fears of reprisal, described the sense of alarm felt among fellow students.

Several foreign students, overwhelmed by these developments, made the difficult choice to abandon their studies and return to their home countries. One individual, a PhD student, purchased a one-way ticket from Boston to Mumbai, leaving on April 5.

Unbeknownst to these students, the federal government would soon reinstate the status of most international students in its Student and Exchange Visitor Information System (SEVIS), managed by US Immigration and Customs Enforcement.

This meant that many who remained in the United States would retain their lawful status, but those who chose to leave faced significant hurdles.

Immigration lawyers have pointed out that while the SEVIS database reinstated students’ statuses, the State Department did not automatically restore their visas, which are essential for international travel. Without a valid visa, any student who leaves may be barred from reentering the United States or could face delays and complications abroad.

Back in India, the PhD student applied for a new visa on May 9, only to receive a denial two weeks later. While his record shows an active status in SEVIS—indicating as if his status termination had never occurred—he remains physically locked out of the United States due to his invalid visa.

The student expressed his frustration, stating that despite his compliance with immigration protocols, he became a statistic in a self-deportation initiative.

“If I had to do it all over again, I would not have left,” he reflected.

Lawyers advised students with status terminations to stay in the country or at least understand their options before making any choices.

“We know of cases where individuals decided, ‘I’m not going to fight,’ for whatever reason,” noted Elizabeth Goss, an immigration attorney in Boston.

With many students unsure of their status and future, it is difficult to ascertain how many have left the country or where they ended up. A significant number are reportedly from India, which has recently overtaken China as the leading source of foreign students to the United States.

According to an ICE report, India sent 422,335 students to the United States in 2024.

The State Department communicated with the Globe, stating that individuals whose visas are revoked may reapply at consulates or embassies overseas at any time.

However, numerous students have reported being denied reentry authorization, and the US halting new visa interviews globally exacerbated the situation. On Wednesday, the State Department announced that it would resume visa processes for students, albeit requiring applicants to unlock their social media accounts for review.

Some observers interpret these actions as part of a broader strategy under the Trump administration aimed at reducing the presence of foreign students in the U.S.

The Indian PhD student in question applied for a visa before the suspension of new interviews but was denied under Immigration and Nationality Act’s Section 214(b), which requires applicants to show strong ties to their home country.

He expressed confusion as this concern was never raised in previous visa applications, wherein he successfully demonstrated his ties to India.

“My dad is a heart patient while my mother is a breast cancer patient,” he said, underscoring his commitment to return home.

Shortly after his visa denial, he initiated a poll in a WhatsApp group among Indian students and discovered at least 14 others faced similar rejections.

Dahlia French, an immigration lawyer based in Texas, reported working with around 11 students, noting an additional 25 that have been denied based on similar grounds, emphasizing that most of her clients are Indian.

Charles Kuck, an attorney in Atlanta, remarked that he has only seen two students approved for new visas since returning home, while at least 60 students have reported 214(b) denials, all of whom are from India.

Reversing a visa denial is typically unprecedented due to the judicial doctrine known as consular nonreviewability, which protects consular officers’ decisions made at their discretion.

Kuck advised his clients who left not to reapply for a visa. “If the revocations were illegal, which we believe they were, then these students don’t need to go back to the consulate; they can just come in on their current visas,” he argued.

Another student, identified only as Simii, is a 30-year-old software engineer and Northeastern University alum who learned of her SEVIS status termination shortly after joining the workforce in her field of study.

Upon returning to India, she discovered her SEVIS record had been reactivated; however, with only a few months before her student status would expire, she expressed doubt about receiving another visa.

The PhD candidate mentioned earlier was investigating neurodevelopmental disorders when his SEVIS record was terminated. He was informed that the reason given was related to past complications with his status, linked to a previous criminal record check.

He recalls getting a driving while ability impaired charge five years prior, which resulted in him paying a fine and completing evaluations. He was upfront about this conviction during his visa application, having successfully returned to the U.S. for his PhD.

Following his recent visa denial, he is experiencing difficulties securing legal representation.

Those affected by these circumstances are urged to prepare thoroughly for future consular interviews and to demonstrate their ties to their home country convincingly, according to Kuck.

Simii, the Northeastern graduate, has resigned herself to the circumstances and stated she sees no point in reapplying for a visa. Instead, she plans to travel around India while seeking employment.

“I didn’t leave because I gave up. I left because I refused to live in fear, uncertainty, and anxiety created by the immigration system,” she conveyed in an email.

She hopes her story resonates with other students who may feel scared, stuck, or ashamed due to a system that has failed them.

As immigration policies continue to shift, the plight of international students underscores the complexities and often harsh realities of navigating an uncertain legal framework.

image source from:bostonglobe

Charlotte Hayes