• Multiple consecutive or “bridge” filings (e.g., filing multiple status-change requests such as F- 1 → B - 2 → H -1B to continuously maintain pending status) can significantly complicate adjudication and increase the risk of cumulative denials. USCIS closely evaluates whether these filings reflect a legitimate purpose and genuine intent. Applications perceived as frivolous, unjustified, or intended solely to prolong the student’s stay without clear legal basis can result in additional negative immigration consequences, including findings of misrepresentation or abuse of the immigration system. • Each alternative immigration status (such as B-2 visitor, employment-based visas, family- sponsored immigration, or humanitarian relief) has distinct eligibility requirements, procedural timelines, and evidentiary standards. Students whose status has already been revoked or terminated must carefully verify their eligibility with competent immigration counsel. Due to the complexity, sensitivity, and potential legal implications involved, self-filing without experienced legal assistance can inadvertently result in further violations, negative immigration consequences, or even permanent inadmissibility. NOTE : Given these complexities and potential immigration implications following visa revocation or SEVIS termination, it is strongly recommended that affected students consult experienced immigration attorneys immediately to carefully analyze their eligibility and pursue appropriate, legally sound alternative immigration strategies.
VII. Key Statutes, Regulations, and Case Law
To provide a grounded legal framework, the following statutes, administrative regulations, and judicial precedents form the foundation for termination actions and legal remedies related to F and M nonimmigrant student status:
Statutes and Regulations
Immigration and Nationality Act (INA):
• INA § 101(a)(15)(F) and (M) – Establishes the legal classifications for F-1 (academic) and M-1 (vocational) nonimmigrant students. • INA § 214(a), (f), and (m) – Delegates authority to the Department of Homeland Security (DHS) to set regulatory conditions for admission, maintenance, and violations of student status. • INA § 221(i) – Provides the U.S. Department of State with authority to revoke nonimmigrant visas at any time if the individual is deemed inadmissible or no longer eligible. • INA § 237(a)(1)(C) and § 237(a)(2) – Grounds for removal based on failure to maintain status and certain criminal offenses.
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