This comprehensive e-book, “Student SEVIS Terminations: Legal Framework and Remedies – What Every F-1 Student Needs to Know,” provides an essential legal roadmap for international students studying in the United States on F or M visas. Drawing from recent policy shifts, SEVIS termination trends, and real-world enforcement scenarios, this resource covers critical topics including common grounds for visa revocation, unauthorized employment, online and passive income activities, best practices to maintain lawful status, and detailed procedural remedies available to students facing termination or visa revocation. Clearly written by an experienced immigration attorney, the book emphasizes proactive compliance, risk management strategies, and practical guidance to navigate complex immigration processes. Ideal for students, educators, and legal professionals alike, this guide will equip readers with the insights and tools needed to successfully maintain their immigration status and respond effectively if issues arise.
STUDENT SEVIS TERMINATIONS: LEGAL FRAMEWORK AND REMEDIES
By: Mansoor Eyvazi, Esq.
INTRODUCTION
More recently, we have observed a significant increase in SEVIS terminations and visa revocations impacting international students holding F and M visa classifications. While the Student and Exchange Visitor Information System (SEVIS) outlines specific reasons for terminations, the legal landscape governing these issues extends well beyond those codified factors. Increasingly, discretionary enforcement actions taken independently by agencies such as U.S. Citizenship and Immigration Services (USCIS), the U.S. Department of State (DOS), and the Department of Homeland Security (DHS) are shaping outcomes for international students. This article provides a comprehensive legal overview of significant termination triggers — both those explicitly listed within SEVIS and those emerging from broader immigration policies, administrative adjudications, and evolving enforcement practices. It is important to emphasize that this article does not provide an exhaustive summary of all applicable laws, regulations, or available remedies. Rather, the information included represents key issues and frequently encountered scenarios selected based on the a uthor’s professional experience and current enforcement trends. This content, however, is intended solely for general informational purposes and should not be construed as legal advice, nor does it guarantee eligibility, specific outcomes, or entitlement to any immigration benefit. Each student’s immigration circumstan ces are unique and fact-specific. Individuals affected by SEVIS termination, visa revocation, or related immigration concerns are strongly advised to consult directly with their Designated School Official (DSO) and a qualified immigration attorney to carefully evaluate their case-specific legal options and strategies. With this context in mind, we briefly review different types of SEVIS terminations, followed by best practice recommendations for international students and an overview of available legal remedies in the event of encountering a termination or related immigration issue.
I. SEVIS-Based Terminations: Grounds Available to DSOs
Designated School Officials (DSOs) may initiate a termination of a student’s SEVIS record under 8 CFR § 214.2(f) or (m) and in accordance with SEVP guidance. These terminations are typically driven by regulatory violations or administrative circumstances and are entered using predefined SEVIS termination reasons. Common grounds include: • Failure to Enroll – Student fails to enroll in a full course of study by the expected program start or session date. • Failure to Maintain Full-Time Enrollment – Student drops below full course load without prior DSO authorization.
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• Authorized Drop Below Full Course Time Exceeded – Student received a temporary RCL but failed to resume full-time study by the end of the authorized period. • Unauthorized Withdrawal – Student stops attending or withdraws mid-term without DSO approval. • Authorized Early Withdrawal – DSO approved a formal withdrawal; student must depart the U.S. within 15 days. • Change of Status (Approved, Denied, or Withdrawn) – Status changes processed through USCIS (e.g., COS to H-1B, green card) that necessitate SEVIS termination. • Suspension or Expulsion – Student is academically or behaviorally removed from the program and can no longer maintain status. • Institutional Closure or SEVP Withdrawal – School loses SEVP certification, triggering auto-termination of all F/M student records. • No Show – Manual Termination – Student enters the U.S. but fails to report to school by the program start date. • Transfer Student No Show – Transfer student fails to report to the new school within 60 days. • Failure to Report While on OPT – Under 8 CFR § 214.2(f)(10)(ii)(C), students on post- completion OPT or STEM OPT extensions must submit employment details and validation updates. Failure to do so may result in termination. • Death of Student – DSO receives confirmation that the student has passed away. • Otherwise Failing to Maintain Status – A catch-all category used when the student violates immigration regulations, but no specific termination code applies. These reasons are codified within SEVIS and often result in automatic system-generated terminations unless corrected administratively. within SEVIS and often result in automatic system- generated terminations unless corrected administratively.
II. Terminations Related to SEVP and DHS Oversight
In addition to termination reasons manually entered by Designated School Officials (DSOs), certain SEVIS records may be automatically terminated by the system or by SEVP adjudicators at the Department of Homeland Security (DHS). These terminations are generally initiated due to noncompliance, administrative triggers, or enforcement alerts, and fall outside the DSO’s discretionary authority.
Key system-generated and SEVP-enforced terminations include:
• Failure to Report While on OPT – System Termination
Under 8 CFR § 214.2(f)(10)(ii)(C), F-1 students participating in STEM OPT are required to submit validation reports every six months and update employment information. If SEVIS is not updated within 32 days of the reporting deadline, the system will automa tically terminate the student’s record. • No Show – System Termination (Transfer Students) If a transfer student does not report to the new school within 60 days of the program start
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date, and the DSO has not registered the student, SEVIS will automatically terminate the record for “Transfer Student No Show.” • Exceeded Unemployment Limits (STEM or Post-Completion OPT) SEVP may terminate a record if the student exceeds the 90-day unemployment limit for standard post-completion OPT or the 150-day limit for STEM OPT extensions (combined). This termination may be initiated through a DHS adjudicator or SEVP batch enforcement. • Failure to Comply with I-515A If a student admitted to the U.S. under a Form I-515A (provisional admission pending document correction) fails to submit the required documentation to SEVP within 30 days, the system will terminate the record for “Failure to Comply.” • Failure to Repay I-901 Fee Chargeback If the SEVP I-901 fee payment is reversed (e.g., credit card chargeback), and the student fails to repay it when invoiced, the record may be terminated by SEVP for nonpayment. • Institutional Deauthorization If a school loses its SEVP certification or is formally withdrawn by DHS, SEVIS will automatically terminate all Active F and M student records associated with that institution. These termination actions are non-discretionary and typically do not require prior notice to the DSO or the student, although SEVP may issue alerts or compliance requests before executing the termination in certain cases.
DSOs should monitor their alerts and pending actions dashboard in SEVIS regularly and advise students of these critical system-based risks, particularly those on STEM OPT or in transfer status.
III. Visa Revocations by the Department of State (DOS) and Related Actions
While SEVIS terminations are typically initiated by Designated School Officials (DSOs) based on regulatory violations, a separate and less transparent set of actions — visa revocations — may be initiated directly by the U.S. Department of State (DOS), often independently of institutional reporting or SEVIS records. Generally, visa revocation alone does not automatically terminate a student’s current lawful nonimmigrant (F or M) status inside the United States. Instead, as explicitly stated in 9 FAM 403.11-3(B), DOS consular officers are prohibited from revoking visas of individuals already in the United States (or en route) unless the revocation relates specifically to DUI-based grounds or is executed directly by DOS’s Visa Office of Screening, Analysis, and Co ordination (CA/VO/SAC). However, in practical terms, a DOS visa revocation often triggers subsequent actions by the Department of Homeland Security (DHS). Upon receiving notice of a DOS revocation — especially when revocation is based on security concerns, inadmissibility findings, criminal arrests, or associations flagged as adverse — DHS typically initiates its own actions to terminate the individual’s SEVIS record, revoke nonimmigrant status, or issue a Notice to Appear (NTA) in
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removal proceedings. Thus, students whose visas have been revoked frequently face a two-step enforcement process: initial visa revocation by DOS, followed by DHS-initiated status termination or removal orders. Visa revocations are governed under INA § 221(i) and 22 CFR § 41.122, as elaborated in 9 FAM 403.11. Revocations must be based on an actual finding of visa ineligibility, not merely suspicion, with the limited exception of DUI-related arrests or convictions within the past five years, which specifically allow consular officers discretionary authority to revoke visas. In sum, although visa revocation by DOS does not in itself terminate lawful status or presence in the U.S., it often leads directly to DHS enforcement actions — explaining why international students inside the U.S. with revoked visas may subsequently be ordered to depart by DHS or placed into removal proceedings.
Key Grounds for Visa Revocation:
•
Revocation Under INA § 221(i):
DOS may revoke a visa at any time based on a finding of ineligibility, even after issuance or lawful entry. No formal hearing is required.
• Security, Public Safety, or Foreign Policy Concerns:
Revocations may stem from interagency vetting via systems such as NCIC, TECS, and CLASS, or referrals from agencies like DHS or the FBI under INA § 212(a)(3) or INA § 237(a)(4).
• Affiliation with Designated or Monitored Organizations:
Involvement with groups listed under Executive Orders, the Treasury’s Office of Foreign Assets Control (OFAC), or terrorism-related designations under INA § 212(a)(3)(B) may result in revocation, even if such affiliation is academic or non-criminal in nature.
• Social Media and Algorithmic Monitoring:
DOS and DHS may review public social media content or flagged digital behavior via AI-powered tools. Content interpreted as extremist, politically sensitive, or anti-U.S. can be grounds for revocation under security-related inadmissibility grounds — even in the absence of criminal charges.
•
Participation in Political Protests:
Recent cases suggest that student participation in highly publicized protests, especially those involving foreign policy topics (e.g., Israel-Palestine), may lead to visa revocations. While protest is constitutionally protected, visa holders have no guaranteed right to political expression as a condition of status.
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•
Criminal or Civil Infractions:
Arrests or convictions for offenses such as DUI, disorderly conduct, or failure to appear in court — particularly those raising public safety concerns — can trigger visa revocation. DUI-related arrests within the past five years require consular review under 9 FAM 403.11-5(B).
IV. What Constitutes Unauthorized Employment for F and M Students
Under 8 CFR § 214.1(e), § 214.2(f)(9), and § 214.2(m)(9), any employment not specifically authorized by regulation or prior approval is considered unauthorized for F and M nonimmigrant students. This is a serious violation that can result in SEVIS termination, loss of status, and removal consequences.
Examples of Unauthorized Employment for F-1 Students (Under 8 CFR § 214.2(f)(9)-(11) and SEVP Policy Guidance)
• Off-Campus Employment Without Prior Authorization:
Any off-campus job — including internships, training, or freelance work — that is not authorized through CPT, OPT, or approved under the severe economic hardship provision (Form I-765) is unauthorized. Authorization must be granted before employment begins.
• On-Campus Employment in Violation of Limits:
Working more than 20 hours per week during the academic semester or continuing to work after the program end date as listed on the Form I-20. On-campus employment must be reported and fall within institutional and DHS guidelines.
• Unpaid Work That Substitutes for Paid Employment:
Engaging in unpaid internships, “volunteering,” or trial periods where the employer derives value from the student’s labor, especially if the position would normally be paid. Such roles may still be deemed employment under U.S. labor and immigration law if performed without proper authorization.
• Employment During the 60-Day Grace Period or While Awaiting Reinstatement:
Students are not authorized to work during the 60-day post-completion grace period or while awaiting the outcome of a reinstatement request (I-539). Employment under either condition is a violation of status.
• Employment Outside OPT or STEM OPT Validity Periods:
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Students may not begin, continue, or resume employment before the start date or after the expiration date listed on their Employment Authorization Document (EAD). This includes STEM OPT extensions without an I-765 receipt (no automatic extension) or improper job reporting.
• Self-Employment Without OPT Authorization:
Operating a business, freelancing, or performing contract-based services (even remotely) without valid OPT authorization and EAD is considered unauthorized employment — even if unpaid or home-based. Only students on active post-completion OPT may engage in self-employment if they meet all reporting and compliance requirements.
When Online Activity May Be Considered Unauthorized Employment:
1. Monetizing Content or Platforms:
Running a YouTube channel, TikTok account, or other monetized social media profile with ads, sponsorships, or affiliate links is considered employment if it results in income or material gain.
Even passive revenue (e.g., ad revenue, affiliate earnings) may qualify as “work” under immigration regulations if tied to regular effort or promotional activity.
2. Freelance Platforms and Gig Work:
Accepting projects through Upwork, Fiverr, Freelancer, Etsy, or similar platforms is considered unauthorized employment unless the student has valid CPT or OPT authorization.
This applies regardless of whether the work is performed remotely, paid in cryptocurrency, or paid through foreign accounts.
3. Online Storefronts and Reselling:
Operating an online store (e.g., on Shopify, Amazon, Depop, or eBay) or selling services/products — even intermittently — can be viewed as self-employment, which is unauthorized unless performed during active OPT with EAD and reported in SEVIS.
4. Crowdfunding, Donations, and “Tips”:
Accepting donations (e.g., Ko-fi, Patreon, Buy Me a Coffee) may also raise compliance questions if the content is tied to ongoing labor, creative output, or services.
Why This Matters Legally
Under 8 CFR § 214.1(e) and 8 CFR § 214.2(f)(9), any unauthorized employment, including income-generating digital activity, is a status violation and can result in:
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• • •
SEVIS termination Loss of F/M status
Accrual of unlawful presence
• Future inadmissibility under INA § 212(a)(6)(C) (for misrepresentation)
Recommendations:
• Consult your DSO or legal counsel before initiating or continuing any income-generating online activity.
• If the online activity involves payment or the potential for compensation, it must be authorized in advance (via CPT, OPT, or STEM OPT).
• Content creation purely for hobby or educational purposes (with no monetization or third- party benefit) is generally not considered employment — but intent and impact matter.
Unpaid work, volunteering, or online activity that substitutes for paid employment:
Engaging in unpaid internships, volunteer roles, or monetized online activity (e.g., YouTube, TikTok, Patreon, Upwork, Etsy) that results in material benefit or replaces paid labor may be considered unauthorized employment under immigration law. This applies even if no direct wages are paid and includes ad revenue, affiliate marketing, tips, or compensation in-kind. Such activities require prior authorization under CPT, OPT, or other DHS-authorized programs.
Are Investment and Trading Considered Unauthorized Employment for F/M Visa Holders?
F and M students violate their status if they engage in activity that goes beyond passive investing and begins to resemble employment, business operations, or services rendered for gain — whether or not payment is received. The following activities are not generally considered “employment” under immigration regulations if they are passive and do not involve providing labor or services to an employer or clients. • Opening a U.S. brokerage account and buying/selling stocks, ETFs, mutual funds, or bonds for personal gain • Investing in cryptocurrency (e.g., Bitcoin, Ethereum) on a personal basis • Holding shares in a U.S. company without active management duties • Investing in real estate without acting as a property manager or agent • Receiving passive dividends, capital gains, or interest income
Not Permissible (Active Engagement or Work-Equivalent Activity):
F and M visa holders may violate their immigration status if they engage in activities that go beyond passive investment and begin to resemble employment, business operations, or self-
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employment. Specifically, active involvement in managing a business, trading like a professional, or offering monetized services — whether directly or through digital platforms — may be deemed unauthorized employment under 8 CFR § 214.2(f)(9).
As such, the following activities may not be permitted without prior employment authorization (such as CPT, OPT, or a change to a work-authorized status):
• Day trading or high-frequency trading that is regular, systematic, and profit-driven, particularly if it mirrors professional or business activity • Operating a business that buys, sells, or manages assets or cryptocurrency and provides services to clients or customers • Managing funds or providing investment advice for others in exchange for compensation • Creating and monetizing investment-related content , including paid newsletters, trading signal platforms, or subscription-based financial channels While these activities may not involve traditional employment in the eyes of the student, immigration regulators assess the substance over the form . If labor or services are being performed — even for self-run ventures — they may trigger a violation of nonimmigrant status.
Risk Factors:
• Intent, frequency, and scale are critical: Occasional, passive investment for personal gain is generally not considered employment. However, if the activity becomes frequent, systematic, profit-driven, or resembles a business or professional practice — even if self-directed — it may be subject to scrutiny by SEVP or USCIS as unauthorized employment. • Public records and tax disclosures may indicate self-employment risk: Filing for an Employer Identification Number (EIN), registering a Limited Liability Company (LLC), or reporting business income on U.S. tax forms may be interpreted as engagement in self- employment, which is not permitted under F or M status without proper authorization (e.g., CPT or OPT). • Reinvestment of passive earning is generally permissible: Earnings such as dividends, interest, and capital gains from personal investment activity are allowed if the student is not providing services or labor. However, actively managing operations, offering services, or generating profit from client-facing or business-like activity — even through a business they own — may be considered unauthorized employment under immigration regulations unless explicitly authorized.
Recommendations:
If you are earning passive benefits — such as interest, dividends, or capital gains — from investing your own funds, and are not providing services, performing labor, or working for clients, such activity is generally permissible under F or M visa regulations.
However, if the activity involves frequent trading, operates like a business, or becomes client- facing, profit-generating, or monetized through digital platforms (e.g., paid subscriptions, affiliate
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marketing, consulting, or managing accounts), it may be considered unauthorized employment or self-employment under 8 CFR § 214.1(e) and § 214.2(f)(9).
Anyway, students should consult their Designated School Official (DSO) and a qualified immigration attorney to determine whether their activities are authorized under their status or authorization through Curricular Practical Training (CPT), Optional Practical Training (OPT), or a different visa classification is required.
Research Activities and Unpaid Academic Work
F and M visa holders may engage in research activities as part of their academic program without employment authorization, provided that the research is:
• Conducted under the supervision of the sponsoring academic institution
• Unpaid (i.e., no wages or benefits received)
• Directly related to the student’s course of study
However, if the research is performed for the direct economic benefit of a private company, outside the academic program, or results in a product or service that has commercial value, it may be construed as unauthorized employment under 8 CFR § 214.2(f)(9). Even if no compensation is provided, the nature, context, and beneficiary of the activity matter. Activities that displace a paid worker, advance a for-profit interest, or are conducted in a non- academic setting (e.g., at a private lab or through a corporate partnership) may require prior authorization via Curricular Practical Training (CPT) or Optional Practical Training (OPT). As a result, students should consult their DSO and legal counsel before participating in externally- sponsored research, unpaid internships, or industrial collaborations, especially if the project is linked to a commercial entity.
V. Best Practices for International Students
To maintain lawful F or M status and avoid SEVIS termination or visa-related complications, international students should adopt the following legal and practical best practices:
• Never Work Without Proper Authorization : Ensure you receive formal authorization before engaging in any employment. For on-campus jobs, Curricular Practical Training (CPT), Optional Practical Training (OPT), or STEM OPT, prior approval and I-20 endorsement are required. OPT applications should be submitted well in advance of the program end date to avoid work gaps. Students on STEM OPT must meet all compliance requirements, including maintaining a valid Form I-983, timely six-month validation reports, and adherence to unemployment limits. Unauthorized employment — even unpaid — may result in SEVIS termination and long-term immigration consequences.
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• Never Drive Under the Influence (DUI): Driving under the influence of alcohol or drugs (DUI or DWI) can result in immediate visa revocation under current U.S. Department of State policies (9 FAM 403.11-3(A)(4)). Even an arrest — without conviction — can trigger automatic consular notification and subsequent visa revocation. Moreover, DUI offenses can lead to admissibility issues, visa denials, and negative implications for future immigration applications. Always exercise caution and comply strictly with local laws regarding alcohol and substance use to avoid severe immigration consequences. • Maintain Regular Communication with Your DSO : Always notify your DSO promptly of changes in address, phone number, major, course load, or employment status. Ensure your DSO is aware of any plans to transfer schools, take a leave of absence, or apply for a change of status. • Keep SEVIS Records Accurate and Up-to-Date : Review your I-20 and SEVIS profile regularly to confirm the accuracy of your major, program dates, and authorized employment. Any discrepancies can lead to adverse action, including denial of benefits or entry. • Track Deadlines and Maintain Grace Period Awareness : Understand key timelines: 60- day grace period after program completion, 90/150-day unemployment limits on OPT/STEM, and 5-month rule for SEVIS reactivation if abroad. Missing these windows can trigger termination. • Be Strategic with Travel : Before traveling abroad, ensure you have a valid visa, travel signature (within 6 months), and all necessary documentation (e.g., job offer letter if on OPT). Visa revocations may occur without prior notice while abroad. • Exercise Caution with Online Expression and Campus Activities : Social media content and protest involvement — especially in politically sensitive contexts — can result in security-based revocations or inadmissibility. Avoid any expression that may be misinterpreted as threatening or extremist.
• Exercise Caution with Demonstrations and Political Activities:
While freedom of speech and peaceful assembly are constitutionally protected rights in the United States, nonimmigrant students remain vulnerable to discretionary immigration enforcement actions. Participating in politically sensitive demonstrations, particularly those concerning foreign policy or international relations (e.g., conflicts overseas or geopolitical tensions), has increasingly led to visa revocations, heightened scrutiny, and subsequent DHS actions. Avoid engaging in protests or online expressions that might be misinterpreted as threatening, extremist, or contrary to U.S. national security interests, as this could lead to visa revocation under INA § 212(a)(3)(B), removal proceedings, or inadmissibility for future entries or immigration benefits.
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• Retain Documentation : Maintain copies of all I-20s, receipts, DSO correspondence, USCIS notices, employment letters, travel history, and reinstatement filings. If a dispute arises, your ability to respond depends on having a complete record. • Consult an Immigration Attorney Promptly if Issues Arise : If you receive a SEVIS termination notice, visa revocation, or denial of entry, act immediately. Delayed responses can narrow your legal options or result in removal proceedings. Early intervention is key to preserving status. • Understand the Legal Impact of Institutional Decisions : Academic suspension, low GPA, or misconduct proceedings can lead to immediate status loss. Engage with your academic and legal advisors proactively if disciplinary issues arise.
VI. Legal Remedies and Options for Terminated Students
If your F or M student status has been terminated — whether through SEVIS, USCIS, the Department of State (DOS), or DHS — the following legal and procedural remedies may be available. The best course of action depends on the underlying cause of termination, the student's immigration history, and the agency responsible for the adverse action. Legal counsel should be consulted immediately to assess the viability and timing of each option.
1. Requesting a SEVIS Data Correction Through the DSO
In cases where a SEVIS termination was issued in error — such as due to a reporting mistake, system glitch, or miscommunication — students may request a SEVIS data fix through their Designated School Official (DSO) rather than pursuing reinstatement through USCIS. This option is only available where there was no actual violation of status and the termination was clearly the result of administrative or technical error .
Steps to Request a SEVIS Correction:
1. Contact your DSO and ask them to submit a data correction request through the SEVIS Help Desk or RTI system.
2. Provide supporting documentation , such as:
• All relevant Forms I-20 • USCIS notices , if applicable • Official transcripts or course registration records • Written evidence of timely compliance with school or immigration requirements
3. If your DSO is unresponsive or unwilling to assist:
• Escalate the issue to a senior international student advisor or university legal contact
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• Call the SEVP Response Center at (703) 603-3400 and request to speak with a Level 2 officer • Email SEVP@ice.dhs.gov with a summary of the issue and all relevant supporting documentation Important Note: A SEVIS data fix is not appropriate where the termination was based on a substantive violation of status (e.g., failure to maintain full-time enrollment, unauthorized employment, or suspension). In such cases, the student must seek reinstatement by filing Form I- 539 with USCIS.
2. Reinstatement of Status (Form I-539)
When to file: Within 5 months of the status violation or SEVIS termination (or later, with a compelling explanation and supporting documentation showing that the delay was due to extraordinary circumstances beyond the student’s control ). A nonimmigrant student whose SEVIS record has been terminated for a non-willful status violation may request reinstatement by filing Form I-539 with USCIS, pursuant to 8 CFR § 214.2(f)(16).
This remedy is available only if the violation:
Resulted from circumstances beyond the student’s control or did not represent a pattern of repeated violations , and
The student:
• Has not engaged in unauthorized employment , • Is currently pursuing or intends to resume a full course of study at the next available term, and • Remains eligible for F-1 status under the INA and applicable regulations.
The application must include:
• A new Form I-20 marked “Reinstatement Requested” by the DSO, • A detailed personal statement explaining the nature of the violation and the basis for reinstatement, • Supporting documentation (e.g., medical records, academic transcripts, communication with school officials), • Proof of financial support and intent to maintain full-time study. While a timely and nonfrivolous reinstatement request is pending, the student is in a period of authorized stay but is not considered to be in valid F-1 status and may not engage in employment, including on-campus work, CPT, or OPT.
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Important: If USCIS approves the reinstatement, the student’s F -1 status is restored retroactively to the date of the status violation, and no unlawful presence is accrued.
However, if reinstatement is denied, and the student was admitted under Duration of Status (D/S) — as is standard for F-1 students — unlawful presence begins accruing as of the date of the denial, not retroactively. This interpretation aligns with USCIS guidance and the 2009 NAFSA-ICE liaison meeting notes. If the student was admitted until a date certain (not D/S), unlawful presence may begin from the date of the status violation, unless tolled by the timely filing of a nonfrivolous I-539 reinstatement request, as provided under USCIS unlawful presence policy. Note: A denied reinstatement may result in significant consequences under INA § 212(a)(9)(B), including a 3-year bar if students accrued more than 180 days , or 10-year bar for students who accrued more than 365 days of unlawful presence and then depart the U.S.
Reinstatement does not eliminate collateral consequences , such as:
• Loss of CPT or OPT eligibility during the out-of-status period,
• Termination of employment authorization, or
• Complications during future visa adjudications , status changes , or U.S. port-of-entry inspections due to a prior record of noncompliance.
3. Motion to Reopen or Reconsider (Form I-290B)
When to file: Within 30 days of the USCIS decision (or 33 days if the decision was mailed).
Applicable when: Termination results from a USCIS decision denying a benefit such as a reinstatement (Form I-539), change of status, extension of stay, or transfer request.
Motion to Reopen: Based on new, material evidence or facts that were not previously available at the time of the decision. The motion must include documentation showing that the evidence could not have been submitted earlier. Motion to Reconsider: Based on legal or factual errors in the adjudication. The motion must cite relevant statutes, regulations, or precedent decisions and demonstrate that the decision was incorrect based on the record at the time.
Limitations:
• Not all types of USCIS decisions are motion-eligible (e.g., some denials issued without a notice of intent).
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• Motions do not automatically extend lawful status or provide protection from accrual of unlawful presence unless paired with other relief.
• USCIS has discretion to deny the motion even if the legal threshold is met.
• Supporting Evidence: Include a concise legal brief, updated or newly discovered documents, and a sworn statement explaining new facts (if applicable).
• Procedural Note: Filing a motion does not suspend removal proceedings unless another stay or benefit is granted.
4. Administrative Review and Reinstatement by DOS
When to file: Immediately after learning of a visa revocation or refusal — preferably before travel or reapplication .
Applicable when: A nonimmigrant visa is revoked under INA § 221(i) based on inadmissibility, new derogatory information, or post-issuance concerns. This process is separate from SEVIS termination.
How to request administrative review:
• Direct Inquiry: Contact the U.S. consulate that issued the visa and request a review of the revocation decision. Include any new evidence, clarifications, or supporting documentation. • LegalNet Inquiry: Submit a written request to the U.S. Department of State’s LegalNet (legalnet@state.gov) if you believe the revocation involved a legal or procedural error.
Limitations:
• There is no statutory right to appeal or judicial review of most consular revocations, under the doctrine of consular nonreviewability (see Kleindienst v. Mandel ). • LegalNet does not issue binding decisions or act as an appeal board — it is a legal liaison tool, typically used by attorneys or advocates. • Visa revocation does not automatically cancel lawful status if the student is still inside the U.S. and maintaining status under SEVIS.
When review may succeed: In rare circumstances, a consulate may reverse a revocation decision if it was:
•
Based on incorrect facts or identity
• Triggered by outdated or misinterpreted information • Lacking a proper security or legal basis
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Practical Tip: If the student must travel soon or has urgent academic needs, it may be more efficient to apply for a new visa with corrected documentation than to wait for DOS review.
5. Departure and Consular Reapplication
When to initiate: After termination is finalized or if reinstatement is denied and case is thoroughly evaluated by an experienced immigration lawyer.
Some students may elect or be advised to leave the U.S. and apply for a new F or M visa abroad with a new I-20.
A strong reapplication strategy should include:
Note: Students considering departure should assess whether they have triggered any grounds of inadmissibility (e.g., unlawful presence, INA § 212(a)(9)) and understand that visa issuance remains at consular discretion.
• Evidence of compliance and academic intent • A credible explanation of the prior termination • Legal counsel review of eligibility and risks
6. Federal Court Litigation
When to Consider : Federal court litigation is typically pursued after exhausting all available administrative remedies. However, under certain urgent or exceptional circumstances — such as when administrative remedies would be futile, ineffective, or unable to prevent immediate harm — federal litigation may be initiated immediately without prior exhaustion. Federal litigation is a high-stakes, resource-intensive strategy requiring representation by experienced immigration litigation counsel.
Available Legal Avenues (Depending on the Case) Include:
• Temporary Restraining Order (TRO): A TRO is an emergency judicial remedy intended to immediately prevent or halt imminent immigration enforcement actions, such as removal, deportation, visa revocation effects, denial of reentry, or disruption of critical immigration benefits (e.g., OPT or STEM OPT). To successfully secure a TRO, petitioners must demonstrate:
1. Likelihood of success on the merits (strong legal and factual basis); 2. Irreparable harm if immediate relief is not granted; 3. The balance of equities strongly favors the petitioner; and 4. Granting the TRO serves the public interest.
Procedural Steps: Filing occurs in a U.S. federal district court, typically as part of an Administrative Procedure Act (APA) lawsuit or a constitutional claim. Required documents include a verified complaint, detailed TRO motion, supporting legal memorandum, affidavits, and
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clear evidence of urgency. TRO decisions are swift (usually within hours or days). TROs are temporary, generally lasting up to 14 days (extendable by court order), with a subsequent preliminary injunction hearing for longer-term relief. Timing Considerations: Due to the emergency nature of TROs, they should be filed immediately upon recognizing an imminent threat or irreversible harm. Delays in filing significantly reduce the likelihood that the court will grant relief. Generally, courts expect TRO petitions within days or even hours after the petitioner learns of the impending immigration enforcement action. • Petitions under the Administrative Procedure Act (APA): Used when challenging agency actions that are arbitrary, capricious, an abuse of discretion, or otherwise contrary to law (5 U.S.C. § 706). APA claims typically address USCIS denials, improper SEVIS terminations, visa revocations, and other immigration-related harms involving alleged legal or procedural errors. Such claims require demonstrating that the agency violated its own regulations, policies, or applicable federal statutes, or failed to properly consider evidence. Procedural Steps: An APA lawsuit is initiated by filing a complaint in U.S. federal district court. It generally requires detailed documentation, including the complete administrative record (agency decisions, notices, correspondence, and related documents), a clear legal memorandum outlining the basis for challenging the agency’s decision, and supportive affidavits or declarations if necessary. Timing Considerations: APA challenges typically must be brought within the federal six-year statute of limitations (28 U.S.C. § 2401), although prompt filing is recommended to ensure evidence preservation and enhance the likelihood of obtaining relief. Shorter timeframes may apply in urgent immigration enforcement contexts. Potential Relief Sought: Remedies frequently pursued under APA litigation include declaratory judgments (confirming the agency’s actions were unlawful), injunctions to prevent future enforcement or implementation of unlawful actions, and orders vacating or reversing unlawful agency decisions. • Constitutional Claims for Due Process Violations: Applicable when a student is deprived of constitutionally protected rights, such as receiving proper notice, having a meaningful opportunity to present evidence, and obtaining a fair hearing or appeal process. These protections apply if a government action affects protected liberty or property interests — such as lawful immigration status, freedom from detention, or the ability to remain in or reenter the United States lawfully. Due process claims frequently emerge from expedited removal proceedings, unexplained visa revocations, SEVIS terminations without sufficient notice or hearing, and arbitrary denials of entry at ports of entry. Procedural Steps: Litigation typically involves filing a complaint in federal district court alleging violations under the Fifth Amendment (for noncitizens), supported by detailed evidence such as administrative notices, decisions, correspondence, sworn affidavits, and any records
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demonstrating a denial of due process (e.g., lack of notice, absence of hearing, or inability to challenge decisions).
Potential Relief Sought: Common relief pursued includes temporary restraining orders or preliminary injunctions to immediately stop harmful actions, declaratory judgments clarifying the rights violated, and permanent injunctions or orders compelling agencies to provide legally required procedural safeguards, reverse unlawful decisions, or grant proper hearings or reconsideration. • Writ of Mandamus: A writ of mandamus (28 U.S.C. § 1361) is a judicial remedy used to compel a federal agency — such as USCIS, SEVP, or DHS — to perform a legally mandated, non- discretionary duty when there has been unreasonable delay in processing immigration-related applications or petitions. Common scenarios include prolonged adjudication delays involving reinstatement requests (Form I-539), changes of status applications, OPT and STEM OPT employment authorization, Employment Authorization Documents (EAD), and related petitions affecting lawful immigration status. Procedural Steps: Mandamus actions are initiated by filing a complaint in federal district court, clearly demonstrating that the agency has an explicit duty to adjudicate the petition, that the delay is unreasonable, and that no adequate alternative administrative remedy exists. Required documentation typically includes evidence of the original petition/application, proof of repeated attempts at administrative resolution, relevant agency communications or lack thereof, sworn affidavits explaining harm caused by delays, and a supporting legal memorandum outlining statutory obligations and prior precedents. Timing Considerations: Although mandamus actions have no explicit statutory deadline, they should only be filed after demonstrating significant, unreasonable delays by the agency — typically several months to years, depending on the specific immigration application or benefit sought. Prior efforts to resolve delays administratively should be clearly documented to strengthen the mandamus claim. Potential Relief Sought: Mandamus relief typically results in a court order compelling the relevant federal agency to promptly adjudicate the pending application or petition. It’s crucial to note that a writ of mandamus compels agency action, but does not dictate a specific outcome. Note : While a mandamus action does not directly challenge or reverse a visa revocation or SEVIS termination, it is a powerful remedy to compel prompt adjudication of related filings, such as reinstatement or status adjustment requests, which may indirectly help maintain or restore a student’s lawful immigration status. • Habeas Corpus Petitions: A habeas corpus petition (28 U.S.C. § 2241) is a judicial mechanism primarily used to challenge unlawful detention, prolonged immigration custody, or imminent removal orders, particularly in expedited removal contexts. Habeas corpus is commonly pursued by individuals held in immigration detention who argue that their detention violates statutory, regulatory, or constitutional rights — for example, when detained without proper
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procedural protections, prolonged detention without adequate justification or review, or imminent removal in violation of constitutional due process.
Procedural Steps: Filing a habeas corpus petition requires submission of a detailed petition in federal district court, typically within the jurisdiction where the petitioner is detained. It must clearly specify grounds for challenging the legality of the detention or removal, supported by factual documentation (e.g., immigration detention records, agency notices, records of immigration proceedings, affidavits demonstrating procedural violations or unjustified custody), and legal memoranda clarifying statutory and constitutional violations. Timing Considerations: Because habeas corpus petitions generally address urgent detention or imminent removal scenarios, they should be filed promptly after the grounds for challenge become evident. Delays in filing a habeas corpus petition may negatively impact its effectiveness, especially if removal or irreversible actions by immigration authorities are imminent. Potential Relief Sought: Successful habeas corpus petitions may lead to court orders demanding immediate release from unlawful detention, requiring individualized bond hearings, halting unlawful deportation or removal actions, or mandating proper administrative review processes to rectify constitutional or procedural violations. NOTE : While habeas corpus is primarily relevant in detention and removal scenarios rather than standard student visa revocation or SEVIS termination contexts, it becomes particularly significant if a student faces detention or expedited removal due to allegations of unlawful presence, visa misuse, or procedural irregularities.
Judicial Review Limits:
Under the judicial doctrine known as consular nonreviewability ( Kleindienst v. Mandel , 408 U.S. 753 (1972)), U.S. consulates’ decisions regarding visa issuance and revocations made abroad typically fall outside the scope of judicial review, except in narrow instances involving plausible constitutional claims or clear statutory violations ( Almaqrami v. Pompeo , 933 F.3d 774 (D.C. Cir. 2019)). However, when the U.S. Department of State or other agencies revoke visas or immigration status of individuals already physically present in the United States, courts may review such actions if the revocation or subsequent agency actions (e.g., SEVIS terminations, USCIS benefit denials, or DHS enforcement measures) involve constitutional violations, clear procedural errors, substantive legal violations, or abuses of discretion. In these circumstances, affected students may have recourse to federal courts, typically under the Administrative Procedure Act (APA) or constitutional due process claims, provided they meet the applicable legal thresholds and evidentiary standards. Note : Federal litigation must be guided by experienced immigration or administrative law litigators. It requires careful preparation, detailed factual documentation, robust legal arguments, and thorough understanding of relevant judicial precedents within the applicable federal jurisdiction.
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7. Institutional and DSO Advocacy
When to request: Immediately upon discovering technical errors, delayed updates, or inaccurate SEVIS actions —especially if the student’s status is at risk or has already been terminated.
What DSOs and university officials can do:
• Submit correction requests directly through SEVIS RTI (Real-Time Interface): Common issues include auto-termination for No Show, duplicate SEVIS IDs, or incorrect program end dates. • Open Help Desk tickets with the SEVP Response Center (SRC): Used for more complex corrections, such as reinstating a wrongly terminated record or reconciling OPT/STEM reporting discrepancies. • Coordinate with SEVP field representatives and regional advisors: Especially in high- stakes terminations or institutional-level compliance issues. Field reps can escalate systemic issues to SEVP headquarters. • Issue updated or reinstatement I-20s with clear annotations: This is essential for any formal reinstatement filing, travel, or visa reapplication scenario. • Correct or cancel pending updates before they lead to termination: For example, adjusting a CPT start date or resolving enrollment status before a SEVIS deadline passes. • Engage university general counsel or immigration legal counsel: This ensures that DSO communications with federal agencies are accurate, strategic, and fully documented. Why it matters: Many SEVIS terminations result from administrative or procedural missteps — not willful violations. Prompt and informed DSO intervention can prevent termination, reduce unlawful presence accrual, and protect student eligibility for reinstatement or future immigration benefits.
8. Congressional and Ombudsman Intervention (in Select Cases)
• When to initiate: After exhausting formal agency channels (e.g., USCIS service requests, SEVP Help Desk tickets) and when facing unreasonable delay, lack of response, or procedural unfairness affecting visa or immigration status.
Students may also consider:
• Congressional Casework Assistance
Students (or their legal counsel) can request support from the constituent services office of their U.S. Representative or Senator . The congressional office will submit an inquiry to USCIS, SEVP, or DOS, requesting clarification, status updates, or expedited processing.
This is especially effective in cases involving:
• Long-pending reinstatement or I-539 applications
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•
Visa issuance delays at consulates
• Revocation without explanation or evidence • While congressional offices have no legal authority to override decisions , they can influence responsiveness and agency transparency.
• DHS Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman)
This is an independent body within DHS that provides assistance with USCIS-related systemic or case-specific issues . Students may submit Form DHS-7001 online to request help within
• •
Delayed adjudications Lost files or evidence
• Inconsistent decisions or failure to respond to requests for evidence (RFEs) • Errors in processing reinstatement, OPT, or change of status applications • Note: The Ombudsman cannot reverse USCIS decisions but may facilitate correction or resolution through internal channels.
Limitations:
• Neither a congressional inquiry nor an Ombudsman complaint constitutes a legal appeal or motion. • These interventions are advisory and non-binding , but they are helpful tools to break through bureaucratic deadlock or highlight procedural failures.
8. Alternative Immigration Options
When to Consider: Alternative immigration options should be evaluated promptly if a student is ineligible for reinstatement, has had a reinstatement request denied, or otherwise must depart from F or M status following a visa revocation or SEVIS termination. Each alternative listed below must be assessed carefully — preferably before significant unlawful presence accrues — and only with guidance from experienced immigration counsel. These options are viable solely for students who clearly meet all eligibility requirements and can demonstrate genuine intent, legitimate circumstances, and bona fide relationships (if applicable).
Potential Alternative Options Include:
Change of Status to B-2 (Visitor): This category is intended primarily for short-term, temporary stays involving tourism, medical treatment, or brief transitional periods. USCIS closely scrutinizes B-2 requests from former F or M students who have experienced status termination or visa revocation, particularly to verify that the applicant does not seek to engage in unauthorized study or employment activities. Such applications must demonstrate a clearly documented, legitimate, temporary, non-academic purpose.
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