International PhD student at BYU speaks after his student visa was revoked

SALT LAKE CITY (ABC4) — Suguru Onda, a PhD student at Brigham Young University, is just one year shy of completing his program. However, after his student visa was revoked, he is unsure of what comes next for him and his family.

“I think it’s unfair,” Onda told ABC4.com. “At least they should notify us or reach out to us, or give us some explanation, but there’s nothing.”

On April 8, Onda said he got an email from BYU’s international student office notifying him that his status had changed, and he immediately went to speak with them in person: “The university didn’t get anything, I didn’t receive anything, so we just found out it is terminated.”

According to Adam Crayk, Onda’s attorney, the university was told that Onda’s criminal background was part of the reason for the change in his status. Crayk looked into Onda’s record and found two speeding tickets and a citation for fishing that was later dismissed in court.

“This is no longer about politics,” Crayk said. “This is an issue about right or wrong.”

Onda was told he and his family had two options: Go back to Japan within a couple of weeks, ask BYU to issue a new I-20 form, and reapply for an F-1 visa; or wait five to 12 months for his visa to be reinstated.

However, Crayk said asking BYU to reissue Onda’s I-20 form would bring in a “monitoring unit for student visas.” And, if they did that, Crayk said “we are admitting we did something wrong.” Crayk said new technology may have impacted the process of monitoring and revoking international students’ visas.

“Whether it’s tech, bot, algorithm, AI, they have a technology… there’s close to a million student visas, and so — for one person to monitor that it’s fairly difficult,” Crayk said. “But when you make a decision to revoke, you ought to at least have somebody check that.”

If Onda chooses to wait several months for his visa to be reinstated, he said he would not be able to work, but he may be able to stay in Utah. Onda and his family — including his wife and five children — hadn’t been back to Japan in two years, and they had a trip planned for this summer.

“If we have to leave in 15 days, then yeah, that plan is not going to work,” Onda said. “I just talked to my wife, and I don’t know what to do.”

Crayk said another potential option would be looking at filing a temporary restraining order in federal court. In that situation, a judge would review whether or not Onda had violated any of the terms of his student visa, and the judge could potentially reinstate Onda’s status.

“I know I’m not alone, and lots of international students was affected by this visa termination,” Onda said. “I really hope things get better.”

Onda said his main concern is his children and their education. He wants to continue to live in the U.S., finish his program, and work on a temporary OPT work program.

Since hearing the news, Onda said he and his family began packing for whatever comes next.

“Hopefully … things are sorted out soon. That’s what we want,” Onda said.

Why are international students’ visas being revoked?

During any school year, an international student’s visa may be revoked if they get caught breaking the law or disobeying certain policies.

Recently, Secretary of State Marco Rubio said international students may be targeted for their suspected involvement in pro-Palestinian protests across college campuses or if they are connected to “potential criminal activity,” the Associated Press reports.

While international students’ Student and Exchange Visitor Information System (SEVIS) records being terminated or their visas being revoked is not new, the University of Utah has recently said the practice is being approached differently than in the past.

“What is different currently is that records are being terminated in SEVIS sometimes without notice to the university and/or the student,” U of U said in a statement after several students’ records were terminated.

According to U of U, some of the reasons students were given for their visas being revoked included a criminal record check or “failure to maintain nonimmigrant status.”

What is a student visa?

In the United States, international students can obtain an F-1 visa or a J-1 visa, and both have different restrictions and requirements. Another option is an M-1 visa for vocational students.

According to U.S. Citizenship and Immigrant Services (USCIS), students on an F-1 or M-1 visa must be enrolled full-time in an “academic” educational, language-training, or vocational program at an approved institution.

Students on an F-1 or M-1 visa must be proficient in English — or be in courses that lead them to English proficiency — in addition to having enough money to support themselves during their studies. There are certain work restrictions for students on these visas as well.

A J-1 visa classifies someone as an “exchange visitor,” according to USCIS. This classification is authorized for people who are participating in approved programs designed for teaching, researching, training, demonstrating special skills, and more.

U.S. Immigration and Customs Enforcement says that Form I-20 is “critically important to nonimmigrant students.” This form is issued to nonimmigrant students after they are accepted into their educational program. The form can only be issued to the student by the institution.

What’s next for international students?

Some Utah schools are reminding their international students and scholars to remain in good standing to preserve their status. U of U has advised its students to keep their immigration documents “valid and readily accessible.”

The University of Utah also directed international students toward some national organizations that can offer information and guidance, including the American Civil Liberties Union (ACLU), Immigration Legal Resource Center, National Immigration Law Center, and the Immigration Advocates Network.