SEVIS Termination and F-1 Visa Revocation: What to Do ASAP
By James Larsen, Managing Attorney
Recently, there has been a notable increase in inquiries from international students whose SEVIS records have been terminated and F-1 visas revoked, often with little warning or explanation. The impact on those affected has been profound, causing major disruptions to their academic pursuits in the United States.
It's important to understand that revocation of the F-1 visa itself does not necessarily mean that you must leave the U.S. If your F-1 visa is revoked but your SEVIS record remains active, you can continue studying in the U.S. However, if your SEVIS record is terminated, it is far more serious, as you are then considered "out of status," and must either depart the U.S. or apply for reinstatement to regain your status.
What is particularly concerning is that some of these students seem to have been targeted due to prior incidents, such as arrests without prosecution or cases that remain pending in court, which may eventually be dismissed. These situations, which have not resulted in formal charges or convictions, can lead to sudden visa revocation or SEVIS termination, leaving students with limited options and an uncertain future.
If you are one of the students impacted by SEVIS termination and F-1 visa revocation, here’s what you need to know about your available solutions and next steps, drawn from tthe official SEVIS website: Reinstatement COE (Form I-20) | Study in the States
What Does SEVIS Termination and F-1 Visa Revocation Mean?
When your SEVIS record is terminated and your F-1 visa is revoked, you are considered "out of status" under U.S. immigration law. As a result, you must either leave the United States or apply for reinstatement. There are procedures in place that can help students regain their status, but these processes take time and careful attention.
SEVIS Termination and Reinstatement Process: What You Need to Know
According to official SEVIS guidelines, there are several options for students to regain "Active" status in SEVIS. Below is a summary of the reinstatement process and its eligibility criteria.
Reinstatement Eligibility
To be eligible for reinstatement, students must:
- Not be out of status for more than five months at the time of filing, or show an exceptional circumstance that prevented timely filing.
- Not have a record of repeated or willful violations of immigration regulations.
- Not have worked without authorization.
- Be pursuing or intend to pursue a full course of study in the immediate future.
- Not be deportable for any reason other than failing to maintain F-1 or M-1 status.
- Be able to show that circumstances beyond the student’s control caused the status violation.
In particular, if a student fell below a full course load for reasons that the Designated School Official (DSO) could have authorized (such as medical issues), the student may be able to demonstrate that failure to regain status would result in extreme hardship.
Steps for Reinstatement
The reinstatement process involves several steps, and it can take time for USCIS to adjudicate. Here’s a simplified breakdown:
- DSO Action: The Designated School Official (DSO) must recommend reinstatement and issue a new Form I-20, Certificate of Eligibility for Nonimmigrant Student Status. The student will then sign the I-20.
- Student Action: The student must complete and mail Form I-539, Application to Extend/Change Nonimmigrant Status, to USCIS, along with the required supporting documents and fees. If the student has been out of status for more than five months, they must also explain why the reinstatement application was delayed and pay the SEVIS I-901 fee again.
- USCIS Decision: USCIS will either approve or deny the application. If denied, the student will follow the instructions in the denial notice. If approved, the student's SEVIS record will be updated to "Active."
- Post-Reinstatement: After approval, the student will continue their studies. The DSO must register the student within 30 days and ensure all dates are correct in SEVIS.
Risks of Reinstatement Denial
If your reinstatement request is denied, you face significant consequences:
- Visa Applications: Any future visa applications must be filed from your home country or country of permanent residence.
- Unlawful Presence: If you stay in the U.S. without reinstatement, you may accrue unlawful presence, which could affect future immigration benefits.
- Status Violation Record: A violation will be entered into U.S. government systems, complicating future interactions with immigration authorities.
- No Appeal: Unfortunately, there is no appeal process for a reinstatement denial.
What If Your SEVIS Record Remains Active But Your F-1 Visa Is Revoked?
In some cases, students may find that their SEVIS record remains active, even if their F-1 visa is revoked. In these instances, students may continue their studies in the U.S. However, if they leave the country, they will need to apply for a new F-1 visa to re-enter.
If you’re in this situation, it’s critical to understand that while your SEVIS record is still active, leaving the U.S. without a valid visa will require you to go through the application process again, possibly with heightened scrutiny.
Reapplying for the F-1 Visa: What You Need to Know
If your F-1 visa has been revoked and you are planning to reapply, consider the following:
- Consult an Immigration Attorney: It’s essential to seek legal advice before attempting to reapply for an F-1 visa. An attorney can help you assess your eligibility for a nonimmigrant visa waiver and guide you through the reapplication process.
- Be Prepared for Increased Scrutiny: Given that your F-1 visa has been revoked, consular officers are likely to scrutinize your application closely. Legal preparation is key to avoiding delays or further complications in the visa application process.
Options to Regain Active Status in SEVIS
For students who find themselves out of status, there are multiple pathways to regain Active status in SEVIS. According to SEVIS, these options include:
- Correction Request: This is used when the student’s record was terminated due to administrative or technical errors.
- Reinstatement: If the student failed to maintain immigration status (e.g., falling below a full course load), they can apply for reinstatement through the DSO and USCIS.
- Leave the U.S. and Re-enter on a New SEVIS Record: If reinstatement is not possible, a student may need to leave the U.S., get a new SEVIS number, and re-enter using a new Form I-20.
Next Steps for Affected Students
- Consult with an Immigration Attorney: If you’re facing SEVIS termination or F-1 visa revocation, an immigration attorney can help you navigate the complexities of reinstatement or reapplication for a new visa. Legal advice is crucial to ensuring you understand your options and avoid further complications.
- Gather Required Documents: Whether applying for reinstatement or reapplying for a visa, make sure you have all necessary documents. A complete and accurate submission is essential for increasing your chances of approval.
- Stay Informed and Act Quickly: The longer you remain out of status, the more complicated the process becomes. If you are facing the five-month deadline for reinstatement, it’s important to act swiftly and explain any delays.
- Prepare for the Possibility of Returning Home: In some cases, if reinstatement is not possible or if you are unable to get a new F-1 visa, you may need to prepare for the possibility of returning to your home country to reapply.
Final Thoughts
The termination of SEVIS records and revocation of F-1 visas is a significant issue for many international students, but it’s important to understand that there are solutions available. Whether through reinstatement, reapplication, or other visa pathways, there are ways to address these challenges and continue your academic journey in the U.S.
If you find yourself affected by SEVIS termination or F-1 visa revocation, take immediate action. Consult with an immigration attorney, explore your options, and carefully follow the necessary steps. With proper legal guidance and preparation, you may be able to regain your status and move forward with your studies in the U.S.
Immigration law changes rapidly. This article is for informational purposes only, reflects the law as of its publication date, and may be superseded by later changes in the law, regulations or agency policy. It is not legal advice, and reading it does not create an attorney-client relationship.La ley de inmigración cambia rápidamente. Este artículo es solo para fines informativos, refleja la ley a la fecha de su publicación y puede quedar superado por cambios posteriores en la ley, las regulaciones o las políticas de las agencias. No es asesoría legal, y leerlo no crea una relación abogado-cliente.