International Student Services: Record Termination Power?

International students in the United States on F-1 or M-1 visas can have their records terminated by Designated School Officials (DSOs), Department of Homeland Security (DHS) adjudicators, and the Student and Exchange Visitor Information System (SEVIS) for various reasons. Termination can occur when a student fails to maintain their status, such as by violating immigration or university regulations. The consequences of record termination can be severe, often resulting in the loss of legal status and the need to depart the country immediately. In some cases, students may seek reinstatement through a lengthy and costly application process, which may involve legal assistance.

SEVIS record termination consequences

Termination of a SEVIS record can have serious consequences for international students. SEVIS termination means that the student is "out of status" and is no longer considered to be in legal status according to the Department of Homeland Security (DHS). This can result in the loss of the student's ability to stay in the United States, attend school, and apply for work authorization.

Upon SEVIS termination, students must make plans to immediately depart from the United States. There may be a grace period for departure, depending on the termination reason, but staying beyond this grace period will result in days of unlawful presence. If the student has an F-2/M-2 spouse or children, their SEVIS records will also be terminated, and they will begin accruing days of unlawful presence.

Students who have lost their status may request new immigration documents after departing the country. An international student advisor can provide guidance on the options available, which may include travelling outside the US with a new I-20 and re-entering, or submitting a reinstatement application. However, re-entry after termination is not guaranteed, and DHS may deny entry to those who have previously violated US immigration law.

It is important to note that termination of SEVIS records can occur for various reasons, including failure to maintain status, unauthorized employment, or failure to complete required immigration checks. Students should maintain regular contact with their international student office and stay informed about the regulations to ensure compliance and avoid the negative consequences of SEVIS termination.

Reinstatement criteria

Firstly, it is important to note that reinstatement is not guaranteed. The Department of Homeland Security (DHS) may deny entry to those who have previously violated U.S. immigration law. Reinstatement is an option for students who lost their status due to circumstances beyond their control.

To be eligible for reinstatement, students must meet the following criteria:

• The student must not be out of status for more than five months at the time of filing. If more than five months have passed, students must demonstrate exceptional circumstances that prevented filing within this timeframe.
• The student must not have a record of repeated or willful violations of regulations.
• The student must not have worked without authorization.
• The student must be pursuing or intend to pursue a full course of study in the immediate future at their school.
• The student must not be deportable for any reason other than failing to maintain F-1 or M-1 status.
• The student must pay the I-901 SEVIS fee and any other associated fees.
• The student must provide proof of financial support for two semesters or the remaining amount in the program.
• The student must provide copies of all immigration documents, including a valid passport, U.S. visa stamps, and previous I-20s.
• The student must submit a cover letter explaining the circumstances that led to the violation and listing the schools they have attended in the U.S.

It is recommended that students work with a qualified immigration attorney when filing for reinstatement to ensure they meet all the necessary criteria and are aware of any additional requirements or considerations.

Termination reasons

Termination of a student's record is a serious matter and can have many negative consequences for their current and future immigration status. It is important to note that the termination of a student's record does not always indicate a violation of status and can occur for several normal, administrative reasons.

Failing to Maintain Status

Failing to maintain F-1, F-2, M-1, or M-2 status is a common reason for termination. This could include failing to enroll in full-time in-person courses for a semester or failing to complete the required immigration checks. In such cases, the Department of Homeland Security (DHS) is notified through the Student Exchange Visitor Information System (SEVIS) that the student is out of status due to a compliance issue.

Academic Dismissal, Suspension, or Expulsion

If a student is academically dismissed, suspended, or expelled, their record may be terminated. In this case, the above options for reinstatement or continuing studies may not apply, and the student may need to consider returning home to reevaluate their school plans.

Authorized Early Withdrawal

This type of termination occurs when a student decides that a leave of absence (permanent or temporary) from their degree program is in their best interest. It does not indicate a violation of status but rather a voluntary decision to end their status and depart the country. Students who pursue an Authorized Early Withdrawal typically have a set number of days to leave the country.

Change of Status

A change of status occurs when a student receives a new immigration status that replaces their previous one. For example, an F-status student may receive H-1b status or Permanent Residency. This type of termination does not indicate a violation but rather a change in the student's immigration category.

Administrative Reasons

Designated school officials (DSOs) can terminate records for various administrative reasons. For example, a student's F-2 or M-2 record can be terminated independently of their primary F-1 or M-1 student status. Additionally, if a student loses their on- and/or off-campus employment authorization, their record may be terminated.

Termination process

Termination of a student's SEVIS record is a serious matter that can have significant negative consequences for the student. Designated school officials (DSOs) are responsible for terminating the records of F-1/M-1 students and/or F-2/M-2 dependents who fail to maintain their status. However, it is important to note that termination is not always negative, and DSOs can terminate records for various normal, administrative reasons.

The termination process typically occurs when a student fails to comply with federal requirements to maintain legal immigration status in the US. This can include situations such as failure to enrol in full-time in-person courses for a semester or failure to complete a required immigration check-in. When such situations arise, the school is obligated to terminate the student's F or J status by notifying the Department of Homeland Security (DHS) through the Student Exchange Visitor Information System (SEVIS).

Once a student's SEVIS record is terminated, the student is considered to be "out of status" and must make immediate plans to depart from the United States. The Office for International Students and Scholars (OISS) is responsible for reporting the termination to the government, but it is the student's responsibility to ensure timely departure to avoid accruing unlawful presence, which can lead to arrest and deportation. In some cases, a grace period for departure may be indicated by the international student advisor, but staying beyond this grace period will also result in unlawful presence.

In certain circumstances, students who have lost their status may have options for reinstatement or continuing their studies. If the status violation was due to circumstances beyond the student's control, they can apply for reinstatement by filing a petition with the United States Citizenship and Immigration Services (USCIS). Alternatively, students can consider travelling and re-entering the US with a new I-20 and new SEVIS ID, as long as they have a valid multi-entry visa that has not expired. However, re-entry after termination is not guaranteed, and DHS may deny entry to individuals with previous violations.

Record transfer process

International students on an F or J visa have federal requirements that they must follow to maintain their legal immigration status in the US. Failure to comply with these requirements means that the F or J status must be terminated by the school. Termination of status means that the Department of Homeland Security (DHS) is notified through the Student Exchange Visitor Information System (SEVIS) that the student no longer has legal immigration status. This is a very serious issue and can have many negative consequences for the student.

The record transfer process for international students is outlined below:

Transfer-out school

The transfer-out school is the school that holds the student record and starts the transfer process after the student notifies the designated school official (DSO) of their wish to transfer. The student must be pursuing a full course of study at the school they were last authorised to attend to be eligible to transfer. The DSO should cancel the reinstatement request in SEVIS and transfer the terminated record. The student must maintain their F-1 status at the transfer-out school by pursuing a full course of study until the transfer release date.

Transfer release date

The transfer release date is the date the student's SEVIS record is electronically released to the new school. The student must choose their requested SEVIS release date carefully and work with their DSO if they are unsure. If transferring in the middle of a semester, students must continue attending classes at the transfer-out school until the SEVIS release date.

Transfer-in school

The transfer-in school is the school that receives the SEVIS record upon the transfer release date. The DSO at the transfer-in school must enter a reinstatement request in SEVIS, and the student should provide USCIS with an updated copy of their Form I-20. The new school will issue a new I-20 to show that the transfer process has been completed correctly.

It is important to note that the transfer process must be completed within 30 days of the initial session start date. If the student does not report to the new school and enrol full-time, the record must be terminated with the reason of "Transfer Student – No Show" within 30 days of the initial session start date.

Frequently asked questions