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Know Your Rights and Protect Your Visa Status

As an international student or scholar in the U.S., it is important to know your rights and responsibilities. There is a lot of information available about legal rights in the U.S., but not all of it will apply to you specifically. This page will share clear and reliable information about the legal rights for international students and scholars who are present in the U.S. Stay informed and prepared!

The information provided on this page is for general informational purposes only and does not constitute legal advice. Immigration laws and policies are subject to change, and the application of these laws can vary based on individual circumstances. If you have specific legal concerns or need guidance on your immigration status, we strongly recommend consulting a qualified immigration attorney.

Know Your Basic Rights

Staying calm, knowing your rights, and seeking legal advice when necessary can help protect both you and your visa status.

Freedom from Illegal Search and Seizure: You do not have to consent to a search of yourself, your residence, or your belongings without a judicial warrant (not an ICE administrative document). However, police may pat down your clothing if they suspect a weapon. If an officer requests to search you, you have the right to ask if you are required to comply and can refuse unless they have legal grounds. If an officer or immigration agent requests your immigration papers, some noncitizens (e.g., Green Card holders) are legally required to show them. Others may choose to remain silent and consult an attorney. If you have copies or originals of your immigration documents, providing them could help demonstrate your legal nonimmigrant status.

Permission to Remain Silent: You have the right to remain silent. You are only required to answer questions establishing your identity, citizenship, and immigration status. Anything you tell an officer can later be used against you in court. If you choose to exercise this right, you should state this out loud. However, if you are on a non-immigrant status, be aware that refusing to answer immigration-related questions could result in negative consequences, such as denial of entry to the U.S. or even arrest.

Guarantee of Due Process: You have the right to receive notice of any charges against you, present your case, and seek legal representation. If you are arrested, you may have the right to a government-appointed lawyer or may need to hire a lawyer (the government does not provide free legal counsel for immigration cases). You may request a lawyer at any time if you are questioned by law enforcement or immigration officials. Exception: You are not entitled to an attorney at a port of entry or U.S. border.

Right to Contact your Country’s Consulate: When foreign nationals are arrested or detained, they have the right to have the closest consulate or embassy notified.

Right to Free Speech: As an international student or scholar in the U.S., you have the right to free speech under the First Amendment, though it may be limited in certain ways. You can express your opinions, join protests, and engage in discussions without government interference. However, threats, hate speech, or inciting violence are not protected. Additionally, while peaceful protest is generally legal, a recent executive order has increased scrutiny on protest participation, and certain activities could put your visa status at risk. Actions like civil disobedience, attending protests that become unlawful, or being arrested at a demonstration—even unintentionally—could have serious immigration consequences. If you choose to participate in protests, be aware of the legal risks.

Protecting Your Status

Staying informed about your responsibilities can help you proactively protect your nonimmigrant status here in the U.S., and help you respond calmly when interacting with authorities. This section provides a few reminders that will help you protect your ability to remain in the U.S. and focus on the purpose of your stay.

Maintain Your Status: Every person with a nonimmigrant status (F-1, J-1, H-1B, etc.) has certain obligations to maintain status in the U.S. Maintaining Your Status Web Page.

Follow All U.S. Laws: Adhering to all U.S. laws—federal, state, and local—is fundamental for maintaining your nonimmigrant status. It’s important to understand these regulations, follow all required procedures, and remain in full compliance. By staying within the law, you can confidently and calmly respond to inquiries from U.S. immigration officials.

Carry Documentation of Your Status

If you are in nonimmigrant status, U.S. law requires certain individuals, such as permanent residents (Green Card holders), to carry proof of status at all times. While it is generally highly recommended for nonimmigrants (e.g., F-1, J-1 visa holders) to carry copies of relevant immigration documents, this is not a legal requirement. Keep the original documents in a secure location at your residence. If you are traveling, always bring the original documents with you. Depending on your nonimmigrant status, these documents may include the identity page of your passport, I-94, I-20 or DS-2019, or I-797 Approval Notice.

Answer Questions Briefly and Honestly: If you are questioned by law enforcement or immigration officials, you have certain rights which require you to only provide certain information, such as your name, address, and immigration status. However, if you are lawfully present in the U.S. on a nonimmigrant visa, you may choose to answer basic questions about your status and purpose to clarify your presence. Keep your answers short and polite. Avoid guessing, speculating, or making jokes during the conversation.

Seek Legal Assistance When Needed: If you have any interactions with law enforcement or immigration officials, reach out to our office so that we can assist you and direct you to relevant resources. You may wish to contact an attorney. In some circumstances, you may want two attorneys: one criminal and one immigration. Many attorneys only specialize in one area of law.

External Resources

Legal Representation

Other Support Resources

American Civil Liberties: The ACLU is an excellent and extensive source of information on the rights of all who are present in the U.S.

National Immigration Law Center: A comprehensive but concise summary of how to act in specific situations.