STUDENT SEVIS TERMINATIONS- Legal Framework and Remedies

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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