A Redditor claimed that his girlfriend, who was in the US on a valid F-1 visa, was detained by ICE in Atlanta after her OPT application was denied. The Redditor said the OPT application was denied because of an apparent error with dates, against which an appeal has already been filed, and she was given a 60-day grace period that would not have expired until October. “ICE agents approached her in a public place with an arrest warrant. From what I’ve heard, they questioned why she was still in the U.S. after her OPT denial. She has no criminal record and, to my knowledge, no prior removal order,” the Redditor said.“Her school informed her that her grace period had started following the denial. An immigration attorney subsequently filed a motion challenging the decision, but ICE detained her while the motion was still pending,” the post said detailing the case“She is currently in custody, and we have not yet confirmed whether a removal order exists. I’m currently working on hiring an immigration attorney to handle her detention, but I would really appreciate hearing from anyone who has experienced a similar situation. Has anyone experienced ICE detention while an OPT motion was pending?” the Redditor asked.The nationality of the girlfriend was revealed to be Mexican.
What happens after an OPT denial?
An OPT denial does not automatically mean that the student has to leave the US that same day. The key issue is what happens to the student’s underlying F-1 status and whether the student is still within an applicable grace period.Under the F-1 rules, students generally receive up to 60 days after completing their course of study and authorized practical training to prepare for departure or take other steps to maintain status. USCIS also recognizes this 60-day period in its guidance on unlawful presence.There is also specific SEVP guidance dealing with an OPT withdrawal or denial. It says that when OPT is withdrawn or denied, the OPT authorization ends and the 60-day grace period runs from the date of the withdrawal or denial. The guidance says the student must either leave the US when that grace period expires or take other steps to maintain status.Many social media users commented that the grace period is discretionary and can be revoked. “USCIS status decisions and ICE enforcement don’t always move in sync. Grace period status isn’t always reflected in real-time in the databases ICE checks, and having a pending motion to reopen/reconsider doesn’t automatically stop enforcement action. ‘No criminal record’ doesn’t help much here. If there’s no final order, an immigration judge may be able to set bond. This is usually the fastest way to get someone out of physical detention while the case proceeds,” one suggested.
Why the case matters to international students
Though there is no verified information about this particular case, the Reddit post t comes at a particularly sensitive time for international students in the US.OPT is one of the main routes through which F-1 graduates obtain temporary work authorization after completing their studies. The administration is cracking down on OPT abuse and many students may get OPT denied.
