Washington, D.C. There has been news of recent surge in Student's F-1 visa revocation and subsequesnt SEVIS termination of international students in the U.S.
Generally a student F-1 visa revocation does not always follow a termination of SEVIS record but the current Trump administration has gone one step further and has also cancelled the SEVIS record after a cancellation of visa.
When an F-1/M-1 SEVIS record is terminated, the following happens:
⭕ Student loses all on- and/or off-campus employment authorization.
⭕ Student cannot re-enter the United States on the terminated SEVIS record.
⭕ Immigration and Customs Enforcement (ICE) agents may investigate to confirm the departure of the student.
⭕ Any associated F-2 or M-2 dependent records are terminated.
If a student has faced a SEVIS termination, could seek one of the following as early as possible:
📌Bring federal lawsuit against government's action.
📌 Seek change of status to other nonmmigrant visa status.
📌 Seek reinstatement F or M student status.
📌 Apply to change status to a "dependent" status if married and has spouse is in the U.S.
📌 Close personal affairs and depart the U.S. to return to a foreign country.
📌 One can seek F-1, M-1 or any other nonimmigrant visa after exiting from the U.S.
📌 If eligible, one could also seek immigrant status (status) as a consular processing after exiting from the U.S.
There is no grace period 🕗 when a SEVIS gets terminated by the DHS based on visa revocation alleging any misconduct, therefore, one must take appropriate action urgently. Else the government could begin the removal proceedings which will block from seeking some of the benefits request.
U.S. Department of Homeland Security (DHS) terminates a record in Initial or Active status:
Student Information page.
Generally SEVIS termination reasons are:
Reason | Use when... |
---|---|
Absent from Country for Five Months | Both of the following statements are true:
Note: Do not use this reason for:
|
Authorized Drop Below Full Course Time Exceeded | Both of the following statements are true:
|
Authorized Early Withdrawal | The following statement is true:
This reason is also used if:
Note:
|
Change of Status Approved | The SEVIS record is in Active status and any of the following statements is true:
Note: SEVIS will note this termination reason when the CLAIMS interface indicates USCIS approved a student’s change of status or adjustment of status application.
|
Change of Status Denied | Students Changing to F or M Status: DSOs should not need to use this reason. Prospective F or M status students should not be registered in SEVIS until USCIS approves the change of status to F or M status. The student’s record should remain in Initial status until the adjudication is made. Note: SEVIS will automatically terminate the nonimmigrant's SEVIS record for the reason above when the CLAIMS interface indicates a denial of the change of status. If it does not, terminate the record, use the reason, and explain what happened. Students Changing from F or M Status to another: The SEVIS record is in Active status and all the following statements are true:
Note: SEVIS will note this reason when it auto-terminates a record because the USCIS denial was received through CLAIMS. |
Change of Status Withdrawn | Students Changing to F or M Status: DSOs should not need to use this reason. Prospective F or M status students should not be registered in SEVIS until USCIS approves the change of status to F or M status. The student’s record should remain in Initial status until the adjudication is made. Note: SEVIS will automatically terminate the nonimmigrant's SEVIS record for the reason above when the CLAIMS interface indicates a withdrawal. If it does not, terminate the record, use this reason, and explain what happened. Students Changing from F or M Status: The SEVIS record is in Active status and all the following statements are true:
Note: SEVIS will note this reason when it auto-terminates a record because the USCIS withdrawal was received through CLAIMS. |
Death | The student died. Note: Do not use this reason if anyone else in the student's family died. |
Denied Transfer | All the following statements are true:
Note: SEVIS will note this reason when it auto-terminates a record because the USCIS denial is received through the CLAIMS interface. |
Expulsion | The student was expelled from his or her current program of study. |
Extension Denied | All the following statements are true:
Note: SEVIS will note this reason when it auto-terminates a record because the USCIS denial is received through CLAIMS. |
Failure to Enroll | All the following statements are true:
Note: SEVIS will note this reason to terminate a student’s record if:
Do not use this reason if a student cannot enroll because:
|
Failure to Report While on OPT | All the following statements are true:
|
No Show – Manual Termination | All the following statements are true:
Note: Do not use this reason if a student is a transfer student – use Transfer Student No Show. |
Otherwise Failing to Maintain Status | Both of the following statements are true:
Note: Clearly explain how the student failed to maintain status in the Remarks field on the Terminate Student page. |
Suspension | The student is suspended from school and can no longer maintain a full course of study. |
Transfer Student No Show | Both of the following statements are true:
Note: SEVIS also notes this termination reason when it auto-terminates a transfer student's SEVIS record because:
|
Transfer Withdrawn | All the following statements are true:
Note: SEVIS will note this reason when it auto-terminates a record because the withdrawal is received from USCIS through CLAIMS. |
Unauthorized Drop Below Full Course | Both of the following statements are true:
|
Unauthorized Employment | Both of the following statements are true:
|
Unauthorized Withdrawal | Both of the following statements are true:
|
Violation of Change of Status Requirements | Both of the following statements are true:
|
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