Immigration FAQs
If you are an immigrant, on a work or student visa or a green card holder, or your parents are, you might be concerned that reporting Hinduphobia that you or your child has experienced will be used against you and could jeopardize your immigration status and employment or studies. Below are some frequently shared concerns and questions that pertain to different scenarios. We consulted with an immigration attorney to help equip you with some information and understand your rights and responsibilities and what precautions you might take to protect yourself.
NOTE: This does not constitute legal advice. This content is informational in nature and is not a substitute for legal research or a consultation on specific matters pertaining to you. Consultation with an attorney on a specific issue is strongly advised. Please consult a qualified employment attorney if you feel you have been unlawfully terminated.
If you are a permanent resident (green card holder), the only conceivable ground that could jeopardize your permanent resident status would be if you are convicted of a crime.
As a general rule, everyone in America enjoys freedom of speech pursuant to the First Amendment. Having said that, there are possible ways in which a college or a professor can retaliate with plausible deniability. This occurrence is rare, but it is worth being prepared for.
If you are on a student visa, you are required to “maintain status”. The Department of Homeland Security states: “While studying in the United States, it is important to maintain your F or M student status. Your status relates to the purpose, or reason for why you want to come to the United States. If the Department of State issues you an F or M student visa, this means that you are coming to the United States to study. You should not take any action that detracts from that purpose. Maintaining your status means:
- Fulfilling the purpose for why the Department of State issued you your visa.
- Following the regulations associated with that purpose.
Source: https://studyinthestates.dhs.gov/students/maintaining-status
This generally means attending classes as scheduled as well as completing coursework and assignments as required. However, there could be policies and rules of the academic institution itself which are vaguely worded in regard to the ability of students to participate in protests or a prohibition on “disturbing” the conduct of classes. A possible violation of those policies and rules could, in turn, affect your requirement of “maintaining status” and that, in turn, could jeopardize your student visa.
Note that every college which admits international students on a student visa has a DSO (Designated School Official) and/or an International Services Office (ISO). This official and/or office is the link between the U.S. immigration authorities and your college. They are the ones who ultimately have the power to determine whether or not you are maintaining status.
There can be, as you’d imagine, numerous other ways in which you are forced out of your teaching assignment with sufficient plausible deniability. If your student visa or work visa depends on you having a teaching assignment and you are forced out of it, you don’t have an immigration status in the U.S. Therefore, you may have to leave the country unless you are able to find another assignment or change your immigration status through another route.
You should, indeed, be cognizant of the rules, regulations and policies of your academic institution. If you have an employment agreement with the academic institution, please refer to that as well.
There can theoretically be retaliation, but not on the ostensible grounds that you’ve voiced your concerns for that would be in violation of your constitutional rights.
There can be, as you’d imagine, numerous other ways in which you are forced out of your teaching assignment with sufficient plausible deniability. If your student visa or work visa depends on you having a teaching assignment and you are forced out of it, you don’t have an immigration status in the U.S. Therefore, you may have to leave the country unless you are able to find another assignment or change your immigration status through another route.
You should, indeed, be cognizant of the rules, regulations and policies of your academic institution. If you have an employment agreement with the academic institution, please refer to that as well.
A complaint to the Ombudsperson in and of itself would not result in an adverse effect to your immigration status. However, an arbitrary application of vaguely defined policies and rules in a student handbook or similar such document may ensue as a result of your complaint to the Ombudsman. Note that, as explained above, this only applies to those on a student visa and not to permanent residents (unless you are convicted of a crime).
A good practice is to document and evidence everything – all emails, correspondence and your protests.
To answer the first question, no, the fact that your complaint lacks merit does not, in and of itself, result in cancellation of your visa. Also, the college cannot itself take away your visa.
As noted earlier, the DSO/ISO ultimately has the power to determine whether or not you are maintaining status.
It may, therefore, be a good idea (unless compelling circumstances dictate otherwise) to keep your DSO/ISO informed of your complaint and the circumstances surrounding the complaint. And, indeed, as a good practice, document everything.
If the Office of Diversity finds in favor of your complaint, there can theoretically be retaliation with plausible deniability using the college’s policies and rules of conduct as explained earlier.
There can theoretically be retaliation, but not on the ostensible grounds that you’ve voiced your concerns for that would be in violation of your constitutional rights.
There can be, as you’d imagine, numerous other ways in which you are forced out of your teaching assignment with sufficient plausible deniability. If your student visa or work visa depends on you having a teaching assignment and you are forced out of it, you don’t have an immigration status in the U.S. Therefore, you may have to leave the country unless you are able to find another assignment or change your immigration status through another route.
You should, indeed, be cognizant of the rules, regulations and policies of your academic institution. If you have an employment agreement with the academic institution, please refer to that as well.
A complaint to the Ombudsperson in and of itself would not result in an adverse effect to your immigration status. However, an arbitrary application of vaguely defined policies and rules in a student handbook or similar such document may ensue as a result of your complaint to the Ombudsman. Note that, as explained above, this only applies to those on a student visa and not to permanent residents (unless you are convicted of a crime).
A good practice is to document and evidence everything – all emails, correspondence and your protests.
Read your college handbook or policy book to ensure that it doesn’t prohibit sharing of your experiences on social media. If you do violate them, your employment or studentship could be terminated which, in turn, would result in you losing your immigration status.
There can theoretically be retaliation, but not on the ostensible grounds that you’ve voiced your concerns for that would be in violation of your constitutional rights.
There can be, as you’d imagine, numerous other ways in which you are forced out of your teaching assignment with sufficient plausible deniability. If your student visa or work visa depends on you having a teaching assignment and you are forced out of it, you don’t have an immigration status in the U.S. Therefore, you may have to leave the country unless you are able to find another assignment or change your immigration status through another route.
You should, indeed, be cognizant of the rules, regulations and policies of your academic institution. If you have an employment agreement with the academic institution, please refer to that as well.
An adverse effect on your visa for privately raising concerns is extremely unlikely. Indeed, if you sense that the academic institution has a pattern of forcing out teachers who don’t toe a certain line, that could be detrimental to your immigration status.
You should, indeed, be cognizant of the rules, regulations and policies of your academic institution. If you have an employment agreement with the academic institution, please refer to that as well.
An adverse effect on your visa for privately raising concerns is extremely unlikely. Indeed, if you sense that the academic institution has a pattern of forcing out teachers who don’t toe a certain line, that could be detrimental to your immigration status.
Read your college handbook or policy book to ensure that it doesn’t prohibit sharing of your experiences on social media. If you do violate them, your employment or studentship could be terminated which, in turn, would result in you losing your immigration status.
They can certainly try to contact your employer or USCIS, but it’s extremely unlikely that those attempts would result in termination of your visa. USCIS doesn’t generally entertain unsolicited complaints (except in clearly defined situations such as fraudulent marriage for the purposes of obtaining immigration status). In regard to your employer, ensure that there is a level of trust between your employer and you.
Same as above. Do note that your involvement with the Hindu American community should be purely voluntary and should not amount to active labor, paid or otherwise. That could result in a violation of your visa rules.
There isn’t much you can do if there is a general inquiry into your immigration status. Such an inquiry, in and of itself, does not result in anything adverse.
Filing of a formal complaint cannot, in and of itself, be used against your family members. Indeed, if someone knows of any questionable aspects in the immigration applications or the immigration status of your family, that could result in anonymous reportage to the USCIS.
Filing of a formal complaint cannot, in and of itself, be used against your family members. Indeed, if someone knows of any questionable aspects in the immigration applications or the immigration status of your family, that could result in anonymous reportage to the USCIS.
Remember that this does not constitute legal advice. This content is informational in nature and is not a substitute for legal research or a consultation on specific matters pertaining to you. Consultation with an attorney on a specific issue is strongly advised. Please consult a qualified employment attorney if you feel you have been unlawfully terminated.
Our gratitude to Kartikeya Tanna for his generosity and expertise. Kartikeya Tanna is a U.S. immigration attorney based in Miami, Florida. He additionally holds a law license in India and England & Wales.