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International Students in Limbo Under New ICE Rules

New York student visa

The COVID-19 pandemic has forced many schools and universities in New York to re-evaluate their reopening plans during the upcoming school year. The Trump administration recently threw a wrench in the plans of universities and international students in the state when immigration officials with Immigration and Customs Enforcement announced a new rule that students with a New York student visa whose programs intend to offer online instruction only must leave the U.S. and return to their home countries or face deportation and removal proceedings. The move by ICE has left students and schools scrambling to figure out what to do. A New York immigration attorney at Pozo Goldstein LLP can help international students to figure out their options so that they can continue their programs with a New York student visa.

The announcement by ICE

ICE announced that international students who are present in the U.S. to study with M and F visas must leave the country and return home if their schools plan to offer online-only courses during the upcoming year. The agency says that international students can alternatively seek admission to programs that plan to offer in-person instruction. Many schools have announced plans to offer online-only classes during the upcoming year because of public health concerns during the pandemic. Instead of considering these concerns, ICE has instead chosen to take a draconian approach for international students whose programs are going online.

Problems for international students and schools

Many international students in New York do not have the time or means to apply to new programs and be admitted in time for the upcoming year. Even though people could ostensibly take online classes at their universities from their home countries, different time zones make doing so impractical. Some countries also do not have good infrastructure for reliable access to the internet. Students from Venezuela may also have problems complying with ICE’s order since there are no flights to the country and there is significant civil strife. Schools depend on the tuition that they receive from international students, and losing a large chunk of their revenues because of the regulation could cause financial difficulties. International students should also not be forced to place themselves at a higher risk of contracting the virus by being forced to attend in-person classes to avoid deportation.

Schedule a free consultation with a New York immigration attorney

New York student visa holders whose degree programs will be online during the upcoming year should talk to an experienced New York immigration attorney at Pozo Goldstein, LLP as soon as possible. Our firm has helped thousands of people to achieve their immigration goals. Contact us today for a free case evaluation by calling us at 212.201.9031.