As the U.S. government eases its policy for removing international students’ legal status, these individuals still face a level of uncertainty when it comes to the security of their immigration status.
To learn more about the rights of international students or to get legal assistance with the visa process and other immigration matters, call Cho Immigration Law at 312-853-3088 to consult a Chicago immigration lawyer.
How Recent Policy Changes Affect Legal Rights of International Students in Chicago
Today, the U.S. has around 1.1 million international students, many of whom are at risk under the latest immigration policies under the U.S. Immigration and Customs Enforcement (ICE) as the Trump administration works to crack down on illegal immigration.
Recently, ICE has introduced expansions to its current policies regarding the ability to remove international students’ legal status. Specifically, ICE’s policy could cause international students to lose their student status for minor offenses, such as traffic violations. Even if the police drop charges, immigrant students still risk losing their legal status under the new policy if they appeared in the National Crime Information Center (NCIC) database.
However, ICE faced legal backlash from many attorneys defending students who have lost or face losing their immigration status because of the policy expansion. As a result, the agency began to loosen its policy to avoid legal consequences through mounting lawsuits.
Although the recent easing of ICE crackdowns has given many immigrant students breathing room, at least temporarily, it’s still important to understand Chicago student visa policy changes and the legal rights of F-1 visa holders.
Do International Students Have Legal Protections?
International students, including individuals in the U.S. on an F-1 student visa, have rights while they are in the country.
Like other individuals, all students visiting the U.S. have fundamental rights, including:
- Free speech, freedom of religion, and freedom of expression
- The ability to remain silent when detained
- Freedom from illegal search and seizure
- The right to contact the Consulate in your country of origin
- A guarantee of “equal protection under the law” as well as “due process,” enabling the hiring of an immigration lawyer for international students and hearings before a judge and jury
These rights give international students protections in the event of an arrest and detention by government officials.
When to Speak With an Immigration Lawyer About Your Student Status
To better understand your rights as a student in the U.S., or if ICE or another government agency arrests you regarding immigration matters, experienced immigration legal services attorneys can help.
The right attorney can help you in a number of ways, such as:
Ensuring Due Process
If government officials arrest and detain you, remain silent and request an attorney. Cases involving international students are among the many types of immigration cases lawyers handle, and the right representation could help you overcome the challenges of going through the court system.
Having an immigration attorney by your side could also help make sure that you go through the court system and, if necessary, have a fair trial if you face removal and deportation.
Navigating the Visa Process
If you need assistance with the F-1 student visa process, this is another area where an attorney can help. There are multiple steps you must take to obtain an F-1 visa, including ensuring eligibility, completing Form DS-160, scheduling an interview appointment, attending the interview, and awaiting a decision from U.S. Citizenship and Immigration Services (USCIS).
An immigration attorney could help determine eligibility, identifying different U.S. visa categories for which you might qualify. He or she could then help complete and organize all required paperwork—including all supporting documentation—ensuring all information is accurate and consistent.
An attorney could also attend your immigration interview with you and provide guidance on how to answer questions that USCIS officials are likely to ask.
Helping With Adjustment of Status
If you wish to change your immigration status at any point, here is another area where a lawyer could help. An experienced immigration lawyer could determine which type of visa you are able to apply for, enabling you to become a lawful permanent resident (LPR) if you have been physically present in the U.S. for a certain amount of time and can get sponsorship through an employer or family member, or if you qualify as a refugee or asylum seeker.
Again, an attorney can help you navigate the process of applying for a visa, and he or she could even eventually assist you with the naturalization process if you live and work in the U.S. as an LPR for five years and meet other eligibility requirements.
Contact a Reputable Immigration Lawyer in Chicago
If you are worried about the recent policy changes and need to maintain legal protections as a student in the U.S., it’s best to have reliable legal representation. At Cho Immigration Law, our legal team has years of experience handling a wide range of immigration cases, with the ability to provide international students with the defense they need. Contact us today to consult one of our attorneys and find out how we can help.
