removal proceedings. Thus, students whose visas have been revoked frequently face a two-step enforcement process: initial visa revocation by DOS, followed by DHS-initiated status termination or removal orders. Visa revocations are governed under INA § 221(i) and 22 CFR § 41.122, as elaborated in 9 FAM 403.11. Revocations must be based on an actual finding of visa ineligibility, not merely suspicion, with the limited exception of DUI-related arrests or convictions within the past five years, which specifically allow consular officers discretionary authority to revoke visas. In sum, although visa revocation by DOS does not in itself terminate lawful status or presence in the U.S., it often leads directly to DHS enforcement actions — explaining why international students inside the U.S. with revoked visas may subsequently be ordered to depart by DHS or placed into removal proceedings.
Key Grounds for Visa Revocation:
•
Revocation Under INA § 221(i):
DOS may revoke a visa at any time based on a finding of ineligibility, even after issuance or lawful entry. No formal hearing is required.
• Security, Public Safety, or Foreign Policy Concerns:
Revocations may stem from interagency vetting via systems such as NCIC, TECS, and CLASS, or referrals from agencies like DHS or the FBI under INA § 212(a)(3) or INA § 237(a)(4).
• Affiliation with Designated or Monitored Organizations:
Involvement with groups listed under Executive Orders, the Treasury’s Office of Foreign Assets Control (OFAC), or terrorism-related designations under INA § 212(a)(3)(B) may result in revocation, even if such affiliation is academic or non-criminal in nature.
• Social Media and Algorithmic Monitoring:
DOS and DHS may review public social media content or flagged digital behavior via AI-powered tools. Content interpreted as extremist, politically sensitive, or anti-U.S. can be grounds for revocation under security-related inadmissibility grounds — even in the absence of criminal charges.
•
Participation in Political Protests:
Recent cases suggest that student participation in highly publicized protests, especially those involving foreign policy topics (e.g., Israel-Palestine), may lead to visa revocations. While protest is constitutionally protected, visa holders have no guaranteed right to political expression as a condition of status.
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