F-1 Student Visa Revocations / SEVIS Terminations

Many international students in the U.S. are facing a troubling situation: they are receiving sudden eMails from the government and their designated school officials (DSOs) saying their F-1 visas have been revoked and their SEVIS records terminated. Understandably, this causes tremendous fear and confusion. Students are left wondering: Am I still in legal status? Do I have to leave the U.S.? Can I keep studying?

This article explains what your options may be if you (or someone you know) happen to find yourself in this situation.

Why are F-1 Visas Being Revoked?

The U.S. Department of State (DOS) has recently increased the use of something called “prudential visa revocation.” This means a visa can be canceled – even without a conviction or any recent immigration violation. Some reasons we have seen for such revocations include:

• a past arrest or criminal charge
• political activity that the current administration views as a cause for concern
• social media or public behavior seen as potentially damaging to U.S. foreign policy

In many cases, students get a brief eMail stating that their visa has been revoked by the DOS. However, it is important to note: a visa is a travel document only needed for entry into the U.S. and revocation of one’s visa, alone, does not impact a foreign national’s valid status in the United States.

What Does SEVIS Termination Mean?

At the same time or shortly after visa revocation, U.S. Immigration and Customs Enforcement (ICE) often terminates the student’s SEVIS record, the system that tracks international students. The termination is sometimes based on serious allegations as described in the law as one or both of the following:

• The student’s presence may cause “serious adverse foreign policy consequences.”
• The student has failed to maintain status or violated the terms of their admission.

Once SEVIS is terminated, the student may be deemed to be “subject to removal.” However, this does not mean the student is actually out of status or must leave the country immediately – it just reflects what the government is claiming. Someone who may be subject to removal has the legal right to defend themselves before an immigration judge who can terminate their case or order them to be removed.

Do I Have to Leave the U.S. Right Away?

Not necessarily. Often, ICE or the DOS follows up with an eMail urging the student to “self-deport” in order to avoid detention or forced removal. Because of this message, many students leave voluntarily, without ever being placed in removal proceedings. However, unless you are served a notice to appear (NTA), placed in removal proceedings, and ordered to be removed by an immigration judge, you normally are not legally required to leave.

Can I Keep Studying?

Technically, yes – if your school is willing to keep you enrolled. SEVIS termination does not automatically cancel your enrollment, and some schools may try to fix the issue by requesting a “SEVIS data correction” from the government.

Potential Legal Options

1. Your school can ask SEVIS to fix what may be a technical or unjustified termination. These requests are sometimes denied, but it may be worth trying.
2. If you are not in removal proceedings, you may be able to challenge the SEVIS termination under the Administrative Procedure Act (APA).
3. If the government begins formal removal proceedings, you have the right to a hearing in immigration court. You can request a bond if detained, and argue that you have maintained valid status.

Conclusion

This is a rapidly developing area of immigration enforcement. Every student’s case is different. If you have received a visa revocation notice or SEVIS termination eMail:

• Do not panic.
• Do not assume you have no rights.
• Talk to an experienced immigration attorney.

The Murthy Law Firm is available to consult on this and other matters of U.S. immigration law.

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