STUDENT SEVIS TERMINATIONS- Legal Framework and Remedies

• 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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