Lori Meadows
International students in the US are facing issues with their visas being revoked and their records terminated. This has led to a lot of uncertainty and concern among students and graduates. The Student and Exchange Visitor Information System (SEVIS) is a government database that tracks international students and scholars with F-1 and J-1 visa status. Designated School Officials (DSOs) and the Department of Homeland Security (DHS) can terminate student records for several reasons, including administrative and compliance issues. Terminated records can impact a student's legal status, employment, and enrollment, and may result in investigations and departure from the country. Students facing termination should consult legal counsel and explore options like reinstatement or new immigration documents.
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What You'll Learn
SEVIS record termination and loss of legal status
SEVIS, the Student and Exchange Visitor Information System, is the US government's database for tracking international students and scholars with F-1 and J-1 visa status. A terminated record in SEVIS indicates that the nonimmigrant no longer maintains F or M status. This could be due to several reasons, including:
- Failure to enrol for full-time in-person courses for a semester
- Failure to complete a required immigration check-in
- Dropping below a full-time course of study without advanced authorisation
- Withdrawing from classes without authorisation
- Failing to enrol in classes
- Enrolling in too many online classes
- Accepting employment without obtaining employment authorisation
- Failing to extend an expiring Form I-20/DS 20-19 before the program end date
- Being academically expelled or suspended and not transferring to a new US school or leaving the US by the deadline
- Failing to report arrival by submitting the SEVIS New Student Check-in eForm
Termination of a student's SEVIS record can be performed by Designated School Officials (DSOs) and, in some cases, may be due to administrative reasons rather than a violation of status. However, termination typically has serious consequences for the student's legal status and their F-2/M-2 dependents, resulting in the loss of all on-and-off-campus employment authorisation and the inability to re-enter the United States on the terminated SEVIS record.
In most cases, students whose SEVIS records have been terminated must depart the US immediately. Remaining in the US without lawful immigration status can result in fines, detention, and/or removal (deportation). Students who have lost their status may request new immigration documents after departing the country, but re-entry is not guaranteed. To regain F-1 status, students have two options: travel outside the US with a new I-20 and re-enter, or submit a reinstatement application. In the case of reinstatement, the student must meet specific criteria, including demonstrating that the violation of status was due to circumstances beyond their control.
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Reasons for termination
Termination of an international student's record is a serious issue and can have a significant impact on their legal status. While termination is often negative, it is not always the case. Designated school officials (DSOs) can terminate records for several standard administrative reasons. Here are some common reasons for termination:
Failing to Maintain Status
One of the primary reasons for termination is when a student fails to maintain their F-1 or M-1 status. This could be due to various factors, such as not enrolling in full-time in-person courses, failing to complete the required immigration checks, or not maintaining their immigration status. In such cases, the student's SEVIS record is terminated, indicating that their F or M status has ended.
Loss of Employment Authorization
Students may also have their records terminated if they lose their on-campus or off-campus employment authorization. This could be related to their visa status or failure to comply with employment regulations.
Authorized Early Withdrawal
Sometimes, students voluntarily choose to terminate their records by opting for an Authorized Early Withdrawal. This occurs when a student, in consultation with the institution, decides that taking a leave of absence or withdrawing from their degree program is in their best interest. This type of termination does not indicate a violation of status but rather a voluntary decision to end their studies and depart the country.
Change of Immigration Status
A change in immigration status can also lead to termination. For example, if an F-status student receives a new immigration status, such as H-1B or permanent residency, their previous status is terminated. This does not indicate a violation but rather a replacement of their previous immigration status.
Criminal Records or Violation of USCIS Regulations
In some cases, a student's record may be terminated due to issues with their criminal record or violations of USCIS regulations. This could include instances where the student has been identified in a criminal records check or has repeatedly or willfully violated USCIS regulations.
It is important to note that termination can have serious consequences, and students facing termination should seek appropriate advice and guidance. The above reasons are not exhaustive, and each case is unique, requiring careful consideration of the specific circumstances.
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Reinstatement and regaining valid status
Understanding Termination
Before exploring reinstatement, it's important to grasp the concept of termination. Termination occurs when an international student fails to maintain their legal immigration status due to various reasons. This can include not enrolling in a full-time course load, failing to complete required immigration checks, or other compliance issues. Termination has serious consequences, and students facing termination should seek guidance from their institution's International Student Services or a qualified immigration attorney.
Reinstatement Criteria
Reinstatement is a process where a student who has violated their F-1 status requests to return to legal student status. The United States Citizenship and Immigration Services (USCIS) evaluates F-1 reinstatement applicants based on specific criteria:
- The violation of status was due to circumstances beyond the student's control, such as serious injury, illness, or natural disaster.
- The violation relates to a reduction in course load that could have been authorized, and failure to approve reinstatement would result in extreme hardship for the student.
- The applicant must not have a record of repeated or willful violations of USCIS regulations.
Reinstatement Process
The reinstatement process can be complex, and students should carefully follow the recommended steps:
- Consult with an International Student Advisor or an ISSS advisor to determine if reinstatement is possible and discuss the specific situation.
- If advised to proceed with reinstatement, work with the advisor to gather the required documentation, which may include financial documentation, transcripts, passport identification, and a letter explaining the circumstances of the violation.
- Submit the reinstatement application to USCIS, either online or by mail. The application process may take between 5 to 12 months, and approval is not guaranteed.
- If USCIS approves the reinstatement request, the student's SEVIS record will be updated to indicate their reinstated status, and they will regain eligibility for F-1 benefits.
- If USCIS denies the request, the student must prepare to leave the country immediately and may need to seek re-entry with a new visa.
Travel and Re-entry Option
In some cases, students may choose the travel and re-entry option to regain valid status. This involves departing the country and re-entering with a new I-20 and, if necessary, a new F-1 visa. However, this option also has restrictions, such as the academic year waiting period for eligibility for practical training. It is important to discuss this option in detail with an International Student Advisor to understand the implications fully.
Maintaining Status
To avoid termination and the need for reinstatement, it is crucial for international students to maintain their status by complying with immigration regulations. This includes maintaining valid passport dates, only accepting authorized employment, and reporting any changes of address to immigration authorities. Additionally, students should stay informed about the specific requirements of their visa type to ensure they fulfill all necessary criteria.
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Authorized early withdrawal
An Authorized Early Withdrawal (AEW) is a process that allows international students to suspend their immigration status and temporarily leave their studies in the US. This is typically done in emergency situations where students need to abruptly end their studies or leave the country.
Process
Students must request an AEW before withdrawing from classes or departing the US, and they must do so before the 11th class day. After receiving approval for an AEW, students have 15 days to leave the country. During this time, students must submit a withdrawal form, notify their academic department of their leave, and gather their affairs, including paying any outstanding bills and notifying their landlord.
Impact on Immigration Status
An AEW allows students to temporarily suspend their Student and Exchange Visitor Information System (SEVIS) record. This means that their F-1 status is terminated, their I-20 is no longer valid, and they are not eligible for any F-1 benefits, including on-campus employment.
Returning to Studies
Students who wish to return to their studies in the US after an AEW must request a return to active status. The process for returning to active status varies depending on how long the student has been outside the US. If students have been outside the US for more than five months, they will need a new I-20 with a new SEVIS ID number.
To reactivate their SEVIS record within five months, students must request the International Student and Scholar Services (ISSS) to submit a correction request to the Student and Exchange Visitor Program (SEVP). SEVP has the discretion to approve or deny this request and may request additional documentation.
Impact on Academic Record
While an AEW primarily affects a student's immigration status, it is important to note that early withdrawal may also impact a student's academic record. Students should consult with their academic department to understand the impact of an AEW on their academic progress, scholarships, and other related matters.
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Impact of termination on dependents
The termination of an international student's record can have significant impacts on their dependents. When a student's record is terminated, their F-1 or M-1 status ends, and they lose their immigration status in the country. This also applies to their F-2 or M-2 dependents, who are typically the spouses and children of the primary visa holder.
The consequences of termination for dependents are similar to those for the student. They lose their legal immigration status, and any associated benefits such as on-campus employment authorization. Additionally, they may face difficulties in applying for reinstatement or re-entering the country. In some cases, dependents may be forced to leave the country along with the student, particularly if the student's visa is revoked. This can cause significant disruptions to the education, career, and personal lives of the dependents.
The impact of termination on dependents can be mitigated in certain cases. For instance, if the student voluntarily withdraws or transfers to a different visa status, their dependents may be able to maintain their legal status and remain in the country. Additionally, in cases where the termination is due to administrative reasons or circumstances beyond the student's control, the negative consequences for dependents may be minimized.
However, the recent expansion of the US government's powers to terminate student visas and the lack of due process in some cases have caused uncertainty and concern for international students and their dependents. The potential for sudden visa revocations and SEVIS record terminations has made it challenging for dependents to plan their lives and maintain their legal status in the country.
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Frequently asked questions
SEVIS stands for the Student and Exchange Visitor Information System. It is a web-based system used by the U.S. Department of Homeland Security (DHS) to track and monitor international students and exchange visitors.
Designated School Officials (DSOs) are the primary administrators of a student’s SEVIS record and can terminate a record if the student fails to comply with federal requirements. Federal immigration authorities, such as ICE or CBP, can also directly terminate a SEVIS record.
A terminated SEVIS record means that your F-1 status has ended, your I-20 is no longer valid, and you are not eligible for on-campus employment or other benefits. You must make plans to immediately depart the United States and failure to do so could result in arrest or deportation.
Yes, you may qualify for reinstatement and should consult with an International Student Advisor or immigration lawyer to discuss your options. Re-entry after termination is not guaranteed, and the DHS may deny entry to those who have previously violated U.S. immigration law.
There are several reasons for terminating a student's SEVIS record, including failure to enroll in a full course load, unauthorized withdrawal from classes, arrest or detention by ICE, visa revocation, and violation of immigration laws.
