Immigration Blog

F-1 Students Be Aware!

International students in the U.S. are facing unprecedented challenges with sudden termination of their SEVIS (Student and Exchange Visitor Information System) records, managed by ICE (Immigration and Customs Enforcement), via the Student Exchange Visitor Program (SEVP). And in many cases, these students also received notice of their F-1 visa revocation by the Department of State (DOS). The students targeted appear to have engaged in political activism or had past misdemeanors and minor charges that were dismissed. Last month Secretary Rubio reported that DOS revoked more than 300 student visas and announced a new program that uses AI-assisted reviews to screen social media posts of student visa holders. Once a visa is revoked, ICE can choose to initiate removal proceedings.

What causes SEVIS termination?

There are several possible causes for the termination of a student’s SEVIS records, such as:

§  Participation in protest activities that draw the attention of immigration authorities.

§  Criminal records history that might lead to violation of their F-1 student status, even if charges were dropped or dismissed.

§  Visa denials or revocations that were not directly related to any unlawful activity but may be linked to administrative errors.

The most common grounds for SEVIS termination cited by the Department of Homeland Security (DHS) are “serious adverse foreign policy consequences” and “otherwise failing to maintain status.”

What can F-1 students do?

International students must remain vigilant and proactive in reviewing their SEVIS records and monitoring their emails for any correspondence from DOS or other immigration authorities. Specifically, students should:

1.        Check their emails daily, to monitor all email accounts for notifications regarding their SEVIS record and F-1 visa.

2.        Review their SEVIS Record regularly, and if any discrepancies are suspected, students should contact their Designated School Official (DSO) right away.

What are students’ future options?

If an international student believes they are at risk, or if they find their SEVIS record is terminated or their visa revoked, possible next steps include:

1.        Seek reinstatement: If eligible, a student can apply for reinstatement of their SEVIS record. However, reinstatement is not available to students with active criminal charges or who have worked without authorization. Additionally, the student must be enrolled in school during the reinstatement process, limiting options for those who have graduated and are working on Optional Practical Training (OPT).

2.        Contact your DSO: Request your DSO take a screenshot of your SEVIS record. If reinstatement is an option, obtain your DSO’s collaboration to issue a new Form I-20. Students can then file a reinstatement petition with the U.S. Citizenship and Immigration Services (USCIS) on Form I-539. This can be filed online to obtain an immediate receipt.

3.        Collect Supporting Documents: Students should compile all supporting documents relevant to their immigration history, including their SEVIS record, all Forms I-20, I-94 Record, all Visas, all EADs, and all I-797 Approval Notices.

3.        Consult an immigration attorney: Students should seek legal advice to review their immigration history and potential forms of relief, including reinstatement or a possible lawsuit.  

Students should protect their future

Students should stay watchful over their SEVIS record and F-1 status. In the face of the unsettling SEVIS terminations and visa revocations, students should take timely action, including reinstatement, to protect their immigration history and future options. If you need assistance, our DMCA attorneys are ready to provide guidance and support.