F-1 Student Visa Revocations and SEVIS Terminations in the US

Reasons for F-1 Visa Revocation

The U.S. Department of State has increasingly utilized "prudential visa revocation" for F-1 student visas. This can occur without a criminal conviction or recent immigration violation. Some reasons cited include past arrests, criminal charges, political activities, and social media or public behavior deemed concerning by the current administration.

Impact of F-1 Visa Revocation

A visa revocation alone does not directly impact a student's valid immigration status in the U.S. However, it affects their ability to re-enter the country after traveling abroad. If an F-1 student departs the U.S. after their visa is revoked, they must apply for a new F-1 visa before returning.

SEVIS Record Termination

Often accompanying a visa revocation, U.S. Immigration and Customs Enforcement (ICE) may terminate the student's record in the Student and Exchange Visitor Information System (SEVIS). This termination can be based on allegations of failing to maintain F-1 status or causing "serious adverse foreign policy consequences." A SEVIS termination may lead to the student being deemed "removable" from the United States, though it does not necessarily mean immediate departure is required.

Legal Options for F-1 Students

If faced with visa revocation or SEVIS termination, F-1 students have several potential legal options:

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• Defending Against Removal: Students have the right to defend themselves before an immigration judge if placed in removal proceedings.

• SEVIS Data Correction: The student's school can request a "SEVIS data correction" from the government to fix what may be an unjustified or technical termination error.

• Administrative Procedure Act (APA) Challenge: Students not in removal proceedings can challenge the SEVIS termination under the APA.

Practical Considerations

While students may be urged to "self-deport" to avoid detention or forced removal, they are not legally required to leave the United States unless served a Notice to Appear (NTA) and ordered removed by an immigration judge. Technically, students can also continue studying if their school is willing to keep them enrolled despite a SEVIS termination.