Fueling fear among international students are reports of Student and Exchange Visitor Information System (SEVIS) terminations following their U.S. visa revocations. A SEVIS termination leaves the student without a status. What can students do? Some have asked if they should simply leave the country right away, or if they should remain in the U.S. with the risk of an US Immigration and Customs Enforcement (ICE) detention. Others have asked if they can continue school, or will the school let them continue and finish their studies?

A sudden uptick of these visa revocations and SEVIS terminations has the international student community in panic and unfamiliar territory. Even though the situation is fast-evolving and alarming, these students should consider options before deciding what they should do. 

A Visa is An Entry Document

State Department visa revocations are not new. It is within the U.S. government’s discretion to do so. Until recently, however, they were primarily used against people with arrests and/or convictions for Driving Under the Influence (DUIs). These applicants had to obtain new visas before returning to the United States. This is because a visa is an entry document you use to seek admission to the United States.  However, a revocation of the visa should not affect one’s status as a student already in the United States. 

Unprecedented, however, is the termination of SEVIS – without notice and opportunity to tell the student’s side of the story to counter the government’s allegations (due process) – by ICE following these visa revocations. Students have reported receiving notifications from their schools notifying them that their SEVIS has been terminated. This extends to employment (OPT/STEM OPT) authorizations as well. A common thread with these terminations are that they are triggered by a student’s criminal record, resulting in their visas being revoked. Another reported reason for SEVIS termination notes “failing to maintain status,” and a criminal record check.

Students may do one of these things. They could leave the United States right away; or remain in the U.S. to seek reinstatement of their student status or sue. Each option comes with its own benefits and risks, and not all options may fit their individual situations or even be possible. Some affected students’ school Designated School Officials (DSO) have expressed an inability to help them, but many have offered to help in any way they can. Talking with immigration counsel, who can help you choose the best path for you is strongly advised.   

Regardless of reason, a terminated SEVIS leaves the student without status, so urgent action and proactive steps must be taken to resolve the issue.  

Option A: Leaving the Country Right Away and Return After Obtaining a New Visa

The email notifications students received from authorities’ state that he or she may “self-deport,” or face likely removal proceedings. Choosing this option gives them some control over their decisions. Depending on how close to graduating the student is, some schools are working with their students to help finish school before leaving and/or offering the option to complete their education overseas. Students further away from graduating may return stateside after obtaining a new visa. These students must obtain a new I-20, pay the SEVP fee and apply for a new visa in their home country, which also has risks and may take longer than expected to get appointments and approval. Some may choose this option as it removes the “hard to measure,” risk of getting detained by ICE.  

Option B: Staying Back and Applying for Student Status Reinstatement

Re-instatement of their F-1 student status requires students to first obtain a new I-20 and filing Form I-539 with USCIS filing fees. This filing can be done online. As before, the student must show nonimmigrant intent, and the ability to financially support themselves. Note, USCIS generally takes a long time to process reinstatement applications, and processing times could be longer if more information is requested. USCIS asserts a terminated student is “out of status,” so it is critical to note they will accrue a status of “unlawful presence (ULP).” Accruing ULP for 180/365 days or more will result in a 3/10-year bar, respectively, from entering the U.S.  So, it is critical to track this option closely to avoid further endangering one’s immigration journey. 

Option C: Challenging the SEVIS Termination in Court

A lawsuit in a federal court may also be an option to resolve this issue. Suing is expensive and the outcome is not guaranteed. Immigration attorneys argue that these SEVIS terminations are without legal authority, and lawsuits have been filed already. Here too, one must weigh the option carefully. Many in the South Asian community are nervous about suing the government. If this is the primary concern, one may sue without revealing their identity. You may join a large group of people so costs can also be shared. Law firms nationwide are supporting this effort, so interested applicants should contact AILA (the American Immigration Lawyers Association) for guidance. The college or university DSO is a good resource, too! 

Documentation is Key:  Steps to Take Before Choosing Options

1. SEVIS records. Download and save copies of ALL your I-20s (all pages with endorsements) and of your SEVIS portal records while you can.  Keep screenshots of your SEVIS records. Keep them within your reach, and printouts as a precaution.
2. I-94 and travel history. Download and save your recent I-94 card and travel history from the CBP website.
3. FERPA and ICE release. In the event of an ICE incident, have the FERPA and ICE privacy release documents. If you have an attorney, they will help you with this and have you sign the Form G-28. Keep copies of these handy. 
4. Passport, Visa and School transcripts. Keep soft copies of your identity and passport, and school transcripts online and in hard copies. 
5. Immigration Attorney. Scrambling to find an attorney at the last minute can cause more stress, so if you can, research and identify an immigration attorney that best fits your needs. Have their contact information handy. 
6. Friend or family contacts. Identify and keep a list of contacts you can lean on if you need urgent help. 

While it is easier said than done in these stressful times, it is important for students to stay calm, explore the options available to them, and seek help as needed.  

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