Recent Developments Affecting F-1 Students
We have received reports that some international students have their SEVIS records terminated directly by the ICE Student Exchange Visitor Program (SEVP) without prior notification to either the students or their Designated School Officials (DSOs). This unusual practice represents a departure from standard procedure, in which SEVIS records are typically terminated by academic institutions rather than by SEVP directly.
Who May Be Affected
Students particularly at risk include:
- Those who have had encounters with law enforcement, including:
- Charges that have since been dismissed
- Old misdemeanors that predate their most recent visa issuance
- Students who have participated in protest activities
- Some students who have not engaged in activism have also been affected
How Terminations Are Being Discovered
In many cases, neither students nor DSOs are being directly notified about these terminations.
The termination may be discovered when:
- DSOs run periodic reports and notice discrepancies
- Students receive email notifications from the Department of State about visa revocations
- DSOs contact SEVP about discrepancies in student records
Recommendations for All F-1 Students
Immediate Actions
- Monitor all email accounts regularly - Check all email addresses associated with your immigration documents, including old accounts
- Stay in contact with your DSO - Ask them to verify your SEVIS status periodically
- Document your immigration history - Download and save:
- All I-20 forms (both sides)
- SEVIS records and any notes
- I-94 record and travel history
- Passport and visa copies
- Any Employment Authorization Documents (EADs)
- Save everything as PDFs and take screenshots of online records
If Your SEVIS Record Has Been Terminated
If you discover that your SEVIS record has been terminated:
- Contact your DSO immediately
- Consult with an immigration attorney
- Provide your attorney with:
- Your current address
- Expected graduation date
- Current status in the F-1 lifecycle (in school, on OPT, or STEM OPT)
- All documentation mentioned above
Potential Remedies:
SEVIS Reinstatement
Reinstatement may be an option, but it:
- Is not available for students with open criminal charges
- Is not available for those who have worked without authorization
- Requires an admission of a status violation
- Requires continued enrollment in school (limiting options for those on OPT)
- Requires DSO recommendation and a reinstatement I-20
- Must be filed quickly via Form I-539 with the required fee
Litigation
Litigation might be another option to consider.
Through legal action, it may be possible to ask a Court to:
- Hold that the SEVIS record revocation does not automatically put you out of status
- Determine that the revocation does not terminate your employment authorization
- Rule that the revocation does not render you unlawfully present in the United States
This legal approach seeks to challenge the administrative action and protect your rights while the matter is being resolved. An experienced immigration attorney can evaluate whether litigation is appropriate for your specific situation.
Important Note About Unlawful Presence
USCIS recently updated its website language regarding when an unlawful presence begins accruing for individuals admitted for the duration of status (D/S). As of September 24, 2024, the USCIS website indicates that "nonimmigrants admitted for the duration of status generally begin accruing unlawful presence the day after their status ends, if they remain in the United States." This appears to be a change from the 2009 policy guidance, which stated that unlawful presence would only begin accruing after a formal finding of a status violation by USCIS or an immigration judge.
Seek Professional Guidance
If you believe your SEVIS record may be at risk or has been terminated: Consult with an immigration attorney immediately.
Our office is available to assist F-1 students facing these challenges.
Please contact us for a consultation if you have concerns about your immigration status. Call our office today at 813-221-0733.