F-1 International Students Battle Wave of ICE-Initiated SEVIS Terminations

F-1 International Students at university campuses across the country have been rocked by alarming reports that their visas and SEVIS records have been suddenly terminated by U.S. Immigration and Customs Enforcement (ICE), without any prior notice to the university or the student.

This new wave of SEVIS terminations which began early this month has led to a string of lawsuits filed in federal district court, challenging the legality of the terminations.

School officials became aware of terminated F-1 student records only after conducting checks of the Student & Exchange Visitor Information System (SEVIS) system. The records of those impacted simply state that the visa revocations were due to an immigration status violation.

The following three generic classifications have been provided for the terminations:

Termination based on serious adverse foreign policy consequences
Student identified in a criminal records check
Student identified in criminal check and/or has had their visa revoked

No further details regarding the reason for the terminations have been provided by the government, nor were school officials notified of actions taken.

What is SEVIS?

The Student and Exchange Visitor Information System (SEVIS) is an online system used by the U.S. Department of Homeland Security (DHS) to maintain information on Student and Exchange Visitor Program (SEVP)-certified schools, F-1 and M-1 students who come to the United States to begin a program of student.

Designated school officials use SEVIS to issue Forms I-20 to specific nonimmigrants to obtain F or M status while enrolled at the school and to satisfy their legal responsibilities.

Who is Affected?

Based on recent reports from immigration attorneys across the country, the American Immigration Lawyers Association (AILA) has revealed that SEVIS terminations have most impacted:

Students who have had encounters with law enforcement
Students with criminal charges that have been dismissed and
Students with very old misdemeanors pre-dating their most recent visa issuance

Many of those impacted have not been involved in student activism of any kind. At least some students learned that their SEVIS had been terminated after receiving an email from the Department of State.

What’s Different About SEVIS Terminations Under Trump

While the Department of Homeland Security has always had the authority to terminate a student’s SEVIS record, these actions have normally been initiated by Designated School Officials (DSOs) due to a student’s failure to maintain their F-1 visa status such as:

Being absent from the country for 5 months
Failure to enroll in a full course of study unless given prior authorization
Approval of a change of status to another nonimmigrant visa classification
Expulsion from the program of study
Failure to enroll
Unauthorized employment

Instead, what we are seeing is a sudden termination by U.S. Immigration and Custom Enforcement, instead of DSOs without any prior notification of termination.

What happens when a F-1 student’s SEVIS record is terminated?

Once an F-1 student’s SEVIS record is terminated, he or she is no longer in a period of lawful status and must immediately depart the United States.

Under Trump’s leadership, nonimmigrants who were admitted for duration of status generally begin accruing unlawful presence the day after their status ends, if they remain in the United States.

Staying in the United States unlawfully carries serious consequences. An unauthorized stay of more than 180 days but less than 1 year triggers a 3-year bar on re-entry.

Previously, an individual admitted in duration of status could only begin accruing unlawful presence on the day USCIS denies a request in which it determines a status violation has occurred or on the day an immigration judge issues an order with a finding of a status violation.

How do I know if my SEVIS record was cancelled?

Unfortunately, students are not able to access the SEVIS immigration system.

If you have not received an email notification from your International Student Office about the termination of your SEVIS record, then your I-20 or DS-2019 likely has not been impacted. You may contact your Designated School Official (DSO) for more information.

Students who are concerned about a situation that could cause their SEVIS record or visa to be revoked should contact an immigration attorney as soon as possible. Your school will not be able to learn of any potential terminations or reason for a termination in the SEVIS system.

What Legal Remedies Are Available for Impacted Students?

If you have been impacted by the recent wave of terminations, contact an experienced immigration attorney immediately to evaluate your case and determine if F-1 reinstatement is possible. You must move quickly since accrual of unlawful presence starts as soon as your SEVIS has been terminated.

Best Practices to Comply with your F-1 Visa

For students that have not been impacted, please ensure that you remain in compliance with the terms and conditions of your F-1 student visa by doing the following:

Carry color photocopies of your current immigration documents, including your F-1 visa, I-20, and I-94 as proof of your legal entry.
Review information about Documents to Carry and Know Your Rights while in the U.S.
Maintain full-time status by following the F-1 enrollment requirements.
Report U.S. address changes with USCIS within 10 days of moving. Failure to report an address change within 10 days is a violation of your immigration status.
Check the program date on your I-20. Apply early and in a timely manner for any immigration benefit (I-20/DS-2019 extension, final quarter reduced course load, CPT, etc.) or any USCIS-adjudicated benefit like OPT.
Monitor your university email regularly to know if your SEVIS record is changed by the government. Contact your DSO when in doubt.
If you need to travel internationally, consult with an immigration attorney first before any planned travel outside of the United States.

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The Law Offices of Jacob J. Sapochnick is carefully monitoring these developments and will provide further details as soon as they are released.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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