SEVIS Termination and F-1 Visa Revocation Developments

Recent developments indicate that the Student and Exchange Visitor Program (SEVP) / U.S. Immigration and Customs Enforcement (ICE) is taking the position that the termination of a SEVIS record does not automatically result in the loss of lawful immigration status. This evolving interpretation carries significant legal implications for F-1 and M-1 students facing program termination or administrative action.

Position on SEVIS Termination

SEVP / ICE has clarified its position in response to multiple lawsuits recently filed in SEVIS termination cases, that a termination of a SEVIS record is merely considered a change in the U.S. Department of Homeland Security’s (DHS) internal records, rather than a formal determination that a student is out of status. Under this interpretation, students facing such a situation may still be eligible to apply for a change of status from within the United States.

Legal Implications and Strategic Considerations

F-1 status begins with an active SEVIS record, but that record can be completed or terminated for many different reasons. Traditionally, upon a completion of the student’s SEVIS record based on a completion of their program of study, the student is expected to either change their status, apply for optional practical training (OPT), transfer to a new program, or depart the United States to avoid falling out of status or becoming unlawfully present. In some instances when a student’s SEVIS record is terminated prior to the completion of the program, they are required to leave immediately. However, under the position taken by the DHS in these lawsuits, the SEVIS terminations that began occurring in early April 2025 do not by themselves render a student out of status, thereby preserving the right to remain in the U.S. while pursuing other lawful options.

Filing a change of status application becomes a powerful legal strategy. Some F-1 students may have a spouse or parents in another status that makes them eligible for a change of status as a dependent of their spouse or parent. It could not only permit the student to remain in the U.S. but also preserve the ability to challenge the termination in federal court, including through constitutional claims such as due process and Administrative Procedures Act (APA) violations.

Risk of Departure from the United States

It is critical to understand that departing the U.S. following a SEVIS termination may affect a student’s legal remedies. Courts generally hold that individuals outside the U.S. have fewer ways to challenge SEVIS or immigration decisions through federal litigation.

Conclusion and Recommendation

International students facing SEVIS termination are advised to speak with an immigration attorney as quickly as possible. Attorneys will be able to advise students regarding how a timely change-of-status filing may allow them to maintain lawful presence and pursue legal challenges to any wrongful termination.

For questions about your case or for assistance in filing a change of status or federal claim, please contact our office. Murthy Law Firm attorneys are prepared to help you navigate this complex issue and preserve your legal rights.

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