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
15
LexElite Law
Powered by FlippingBook