Immigration
Understanding SEVIS Terminations and F-1 Student Visa Revocations: What International Students Need to Know
By Attorneys Khushbu Patel and Dilip Patel
Understanding SEVIS Terminations and F-1 Student Visa Revocations: What International Students Need to Know
By Khushbu Patel and Dilip Patel
In recent months, international students in the United States have faced unprecedented challenges as the Department of State (DOS) and Immigration and Customs Enforcement (ICE) have ramped up efforts to terminate the Student and Exchange Visitor Information System (SEVIS) records and revoke F-1 student visas. This surge in enforcement actions has raised significant concerns about due process, the impact on students’ educational opportunities, and the broader implications for the U.S. economy.
- The Current Landscape
Reports indicate that international students, including those without prior incidents of activism or legal troubles, have had their SEVIS records terminated by ICE. Many have also experienced visa revocation by DOS. Alarmingly, these terminations often occur without the students or their Designated School Officials (DSOs) being notified in a timely manner. Typically, SEVIS records are terminated by academic institutions; however, recent patterns reveal that ICE is taking a more proactive role in terminating these records based on various grounds, including minor misdemeanors that have taken place several years prior or even charges that have been dismissed.
- Why Are SEVIS Records Terminated?
ICE has cited several reasons for the termination of SEVIS records, often under the vague category of “otherwise failing to maintain status.” Some of the specific reasons include:
- Serious adverse foreign policy consequences (INA 237(a)(4)(C)(i)).
- Identification in a criminal records check (INA 237(a)(1)(C)(i)).
- Visa revocation due to alleged criminal activity.
In many cases, students learn about their terminated status only when discrepancies arise in their records, leading to confusion and distress.
- Recent Developments
In late March 2025, Secretary of State Marco Rubio revealed that DOS had revoked over 300 student visas, utilizing new AI-assisted reviews to analyze social media posts of student visa holders. This alarming trend suggests that even minor infractions or misunderstandings can lead to severe consequences for international students. Additionally, the recent change in USCIS policy regarding unlawful presence has further complicated the situation. As of Sept. 24, 2024, USCIS updated its website which seems to state that nonimmigrants admitted for duration of status (D/S) begin accruing unlawful presence the day after their status ends, creating a precarious landscape for students who face SEVIS terminations. This would be a major change from prior guidance that for D/S I-94 holders, ULP would only accrue after a requested benefit was denied or if an immigration judge made such a determination
- Navigating SEVIS Terminations
For international students facing SEVIS terminations or visa revocations, it’s crucial to take proactive steps. Here are some recommendations:
- Monitor Communication: Students should regularly check their email accounts for notifications from DOS or ICE regarding their visa status or SEVIS record.
- Consult with Attorneys: It’s essential to seek legal advice to review any DHS-initiated SEVIS terminations and assess potential litigation options.
- Gather Documentation: Students should document their immigration history, including all relevant forms such as I-20s, I-94 and any correspondence received from immigration authorities.
- Consider Reinstatement: If eligible, students can request reinstatement of their status through USCIS. However, this process can be lengthy and may require an admission of a status violation.
- Engage with DSOs: Students should communicate with their DSOs to understand the status of their SEVIS records and explore the reinstatement option if available.
- Legal Protections and Challenges
While students have some avenues to contest visa revocations and SEVIS terminations, the due process protections are limited. AILA (American Immigration Lawyers Association) has raised concerns about the lack of transparency in ICE’s actions, as students often do not receive detailed explanations for their terminations.
In recent weeks, a wave of lawsuits has emerged challenging the Department of Homeland Security’s (DHS) unprecedented actions to terminate students’ SEVIS records, effectively canceling their legal status in the U.S. Immigration attorneys argue that these terminations violate the Fifth Amendment’s Due Process Clause and the Administrative Procedure Act (APA), as students were not given notice or an opportunity to respond before losing their F-1 status. Notably, a Dartmouth doctoral student successfully obtained a temporary restraining order (TRO) restoring his status, setting a precedent for similar claims. For instance, positive results have also been seen in Florida. More than 4,700 students may be affected, with lawsuits filed across several other states, including New York and California. The plaintiffs are not seeking to restore their revoked visas, which aren’t subject to court review, but rather to prevent DHS from terminating their SEVIS records and initiating removal proceedings. These cases highlight significant legal questions regarding due process and compliance with established immigration regulations, raising concerns about the government’s authority and the protection of international students’ rights in the U.S.
Conclusion
The recent trend of SEVIS terminations and F-1 visa revocations poses a serious threat to the rights and opportunities of international students in the U.S. As these enforcement measures continue, it is vital for students to remain informed, proactive, and vigilant about their immigration status. Legal assistance, thorough documentation, and open communication with educational institutions are essential steps in navigating this complex and evolving landscape. If you have been impacted by the SEVIS termination and F-1 visa revocation, it is important to contact an immigration attorney to discuss your options.
Tampa Bay area welcomes Attorney Khushbu Patel
We are pleased to introduce Attorney Khushbu Patel to our readers. Khushbu is an experienced immigration attorney and has recently joined the Buchanan Ingersoll & Rooney law firm to work with Dilip Patel, who writes our immigration articles. Khushbu brings with her a wealth of knowledge in immigration law and a passion for helping individuals and families navigate the complexities of the immigration process.
Khushbu was born and raised in Richmond, Va., where she developed a strong foundation in legal principles and a deep commitment to serving her community. She earned her law degree from a respected institution, Rutgers Law School, where she developed a keen understanding of the challenges faced by immigrants in the United States.
She married in April 2024 and recently moved to the Tampa area with her husband, who works in commercial contracting. Khushbu’s move to Tampa not only marks a new chapter in her personal journey but also allows her to contribute her expertise to the growing community in the region. Fluent in Gujarati, she is an active member of the BAPS Swaminarayan Mandir in Thonotosassa, Florida.
We are thrilled to welcome Khushbu to our readers and look forward to the invaluable information she will provide to them in the field of immigration law.