Oklahoma student visa revocations: Tulsa immigration attorney discusses unusual surge

Immigration Attorney Lorena Rivas got an email from an Oklahoma State University student on Monday asking for help because his visa had been revoked.

At least 16 student visas at multiple Oklahoma colleges have been revoked.

News On 6 asked her about the student visa revocation process and how this en masse approach of revoking visas around the country is atypical.

RELATED: Federal government revokes multiple student visas in Oklahoma, leaving some in fear

Q: Were you paying attention to what was happening with student visas being revoked and thinking it’s only a matter of time before it happens here?

A: Yes. Even though we’re in a state that’s more aligned with the current president’s agenda, we’re not insulated from it. So I knew it was going to come this week.

Q: How often do you work with students getting student visas?

A: Most students get their student visas through the help of universities. The universities help them out with the paperwork, and a lot of them have counsel that they use. So, a private attorney is not usually involved in student visas.

Q: But you know the process?

A: I do know the process. And I know the process of them being canceled. Because sometimes they get turned over to ICE, or ICE detains them, and that’s where I have helped.

Q: Have any Oklahoma students reached out to you?

A: Yes, I had a student reach out to me. He did receive the notice, we did review his case, and he is weighing his options at this time. He is about to finalize his (doctorate) degree at Oklahoma State University…It is likely he is not going to try to ask for reinstatement. Despite the values he has and him pursuing his degree, it’s likely an uphill battle, and so he realizes it’s better to return to his home country. 

Q: So what is the normal process for a student visa being revoked?

A: Student visas have always been revoked. It’s nothing new that this administration…Other administrations have always done it. But the grounds for revocation are usually based on an individual usually being arrested or convicted of an offense, making them a security risk. Or when somebody is not going to classes or not actually being a student. And the other ground is that they are working without authorization. What’s not commonly used but what’s there is the security risk ground, and that’s what happened with the Tufts University student. That’s open to interpretation…Now they’re interpreting it much wider, and that’s the scary part.

According to reporting by OSU student reporters at the O’Colly, the federal government cited “political activity” as the reason for one OSU student getting their visa revoked, and “Criminal activity” was cited for the other 7. The report says that activity was “anything from a previous arrest to a speeding ticket.”

MORE: Oklahoma Sen. Michael Brooks-Jimenez raises concerns over sudden visa revocations

Q: Is it atypical to see so many student visas revoked all at once?

A: That is atypical. It’s shocking to see such a large number…Part of me thinks this is part of their (the administration's) plan. The shock and awe and overwhelming to cause fear and chaos…It’s usually very individualized because each has a reason, their own timeline, and what would cause the student visa to be revoked.

Q: How do students find out if their visas have been revoked?

A: All these students who have had their visas revoked have been notified through letters. They receive a letter saying their visa has been revoked for such and such a reason, you have 30 days to leave the country; otherwise, you are in violation of the laws.

Q: What can the students do during that time?

A: The student does have an opportunity to apply for their visa to be reinstated. Now, that’s not a quick process. It could take like five months, and during that time, the student is not in a valid student visa and they are not able to work, so they are kind of just hanging out for five months. And if they learn later it didn’t get reinstated, that’s a lot of time and energy spent on that…They’re kind of in limbo and they’re at the mercy of support, which is why so many of them return to their family or their home country because they need that assistance.

RELATED:

1. Student visas revoked for 4 UCO students
2. Gov. Stitt responds to reports of international student visa revocation in Oklahoma