“International students bring enormous benefits to our nation, working on important research, adding innovation and creativity as well as perspectives to our college campuses. The American people must come together and call on Congress to rein in these abuses of power and right these wrongs”
Kelli Stump AILA President
Executive Summary
In recent months an increasing number of international students in the U.S. have reported unexpectedly receiving emails from the U.S. government or Designating School Officials (DSOs) that their F-1 Visa has been revoked and their Student Exchange Visitor Information System (SEVIS) has been terminated – a federal system used to track international students status in the U.S. Many college administrators say they are finding out this information from their students, without the government giving them any formal reasoning. This raises concerns about the U.S. being a destination in the future for international students to further their education. If a student’s visa is revoked and their SEVIS record is terminated, they must depart the United States promptly. Failure to do so may result in unauthorized stay, loss of work eligibility, and potential removal proceedings.
Background and Analysis
In the past, minor offenses such as a DUI typically resulted in visa revocation; however, students were generally permitted to remain in the United States as long as their SEVIS record remained active and in good standing. However, since Trump has taken the presidency, any stain on a student’s record from the past can be used against them. The U.S. Department of State has been using the term “prudential visa revocation’ more frequently when terminating F-1 Visas. An international student’s visa can be terminated without committing a crime or any recent immigration violations. Remember that a visa is a travel document required for entry into the United States. The revocation of a visa does not affect a foreign national’s valid immigration status within the United States.
Common reasons for Visa revocations include:
- A past arrest or criminal charge, even without a conviction
- Political activities that the U.S. government views as a security concern
- Social media activity or online behavior seen as damaging to U.S. interests or U.S. foreign policy
- Allegations of violating student visa rules
On the other hand, students face a more critical problem when their SEVIS record is terminated. U.S. Immigration and Customs Enforcement (ICE) does this at the same time or shortly after Visa revocation is issued. If your SEVIS record is terminated, this does not mean you are out of status or required to leave the U.S. immediately. It simply means the government believes you may be subject to deportation. Every individual facing deportation proceedings can defend themselves before an immigration judge who decides to either close their case or order their removal.
Common reasons for termination of student’s SEVIS record:
- Alleged failure to maintain student status
- Alleged violation of visa terms
- A determination that the student’s presence may cause “serious adverse foreign policy consequences”
- Reducing course load below the full-time requirement without obtaining prior approval from the DSO
- Allegations of violating authorized employment
- Becoming primarily dependent on government assistance
- Emergence of medical conditions that render the visa holder inadmissible under U.S. immigration laws
Many students who receive a SEVIS termination notice also get an email from ICE suggesting they “self-deport”, leaving the U.S. voluntarily to avoid detention or forced removal. Many students get intimidated by this message and leave voluntarily without being placed in removal proceedings. It is important to remember you are not required to leave the U.S. unless you are served a notice to appear (NTA), placed in removal proceedings, and ordered to be removed by an immigration judge. A SEVIS termination does not automatically cancel your enrollment at your school.
Depending on the specific circumstances associated with a case, there are several legal options international students can take:
- Some schools may be willing to help students challenge termination by requesting a SEVIS data correction. Every school handles these situations differently as some may offer support, while others may advise students to depart the U.S. It is important to stay in close communication with your DSO.
- If you are not yet in removal proceedings, you may have the opportunity to challenge the government’s decision to terminate your status by filing a lawsuit in federal court under the Administrative Procedure Act (APA). The APA establishes a process through which people can request judicial review when agency actions display arbitrary behavior or abuse of discretion and do not align with legal standards.
- If you are placed in removal proceedings, you have the legal right to appear before an immigration judge and to defend against removal from the United States. During these proceedings, you may present evidence demonstrating that you maintained valid student status and complied with the terms of your visa. If you are detained, you may also have the right to request release on bond, subject to the judge’s discretion.
Conclusion
The revocation of F-1 visas and termination of SEVIS records represent an evolving area in immigration enforcement; leading to a sense of uncertainty among many international students. Leaving voluntarily before consulting with an experienced immigration attorney may not be in your best interest if you believe the termination was unjustified. It is advised to take prompt action by seeking guidance from an experienced immigration attorney, who can guide you on best next steps. Contact us today to discuss. Perhaps reinstatement or changing status may be an option but these issues must be discussed with counsel on a fact specific case by case basis.
