Recent reports suggest a concerning trend: F-1 students are experiencing visa revocations and SEVIS terminations based on past criminal conduct, including arrests and convictions, leaving them out of status and at risk of removal proceedings.
Who Is Being Targeted?
While this appears to be a developing and unevenly applied policy, early indicators suggest that students with any kind of arrest record—particularly those involving Driving While Intoxicated (DUI/ DWI)—may be especially vulnerable.
In our experience, we’ve seen multiple F-1 students face visa revocation following a DWI, however, this is the first time we have seen their SEVIS terminated. Alarmingly, there are also anecdotal reports of students with seemingly minor infractions, such as unpaid speeding or parking tickets, being affected.
This appears to be part of a broader government effort to crack down on what it defines as “criminal activity” among non-citizens. However, the lack of clarity around what offenses trigger SEVIS termination and visa revocation raises serious concerns about fairness, transparency, and due process.
What Should You Do If Your Visa Is Revoked and Your SEVIS Record Is Terminated?
If your visa has been revoked and your SEVIS record terminated, it’s critical to act quickly. Here are the steps you should consider:
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Speak to an Immigration Attorney Immediately
Time is of the essence. An experienced immigration attorney can assess your situation, determine your current immigration status, and help you understand your legal options. You may still be eligible to regain status or take steps to avoid removal proceedings.
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Do Not Leave the U.S. Without Legal Advice
Leaving the country after a SEVIS termination could trigger serious immigration consequences, including a bar on re-entry. Before making any travel decisions, consult with legal counsel to understand the risks involved. While a SEVIS termination should not result in the accrual of unlawful presence, USCIS’s website says that someone admitted for “duration of status” begins accruing unlawful presence a day after their status ends. However, their long-standing policy states that an individual admitted for “duration of status” only begins to accrue unlawful presence after USCIS formally denies an application or request and determines that a status violation occurred or when an immigration judge issues a decision finding a status violation.
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Gather Documentation
Collect all documents related to your academic status, immigration history, and the incident that led to the revocation. This may include police reports, court records, correspondence from your Designated School Official (DSO), and any notices from the Department of State or ICE.
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Stay in Contact with Your School’s DSO
Your DSO may be able to provide important information about the termination and whether the school is willing or able to assist in correcting the record or issuing a new I-20. Although your DSO can request a data correction from ICE, if the termination was initiated by ICE, rather than due to a school error, the chances of successfully correcting the record through the DSO are slim. ICE is unlikely to reverse its own decision based solely on a school’s request.
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Explore Reinstatement Options
In some cases, students may be eligible to apply for reinstatement of F-1 status. However, this is a discretionary process and must be filed within a specific time frame—generally within five months of the SEVIS termination. To file a successful reinstatement a student needs to demonstrate that the violation of status resulted from circumstances beyond their control. The policy manual specifically states that violations due to the student’s actions, such as criminal activity, are not considered circumstances beyond the student’s control. Therefore, someone with DUI/ DWI is unlikely to be successful unless the case was dismissed.
Additionally, reinstatement is not available for those who have graduated and are on OPT unless you enroll in another program. Reinstatement requires a student to be enrolled in school.
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Explore a Possible Change of Status
If your SEVIS record has been terminated, you may want to explore filing a change of status—most commonly to B-1/B-2 visitor status—as a temporary measure to remain in the U.S. legally. This is often considered a stop-gap solution while you determine next steps or explore longer-term options.
However, there are challenges. Once SEVIS is terminated, you are technically out of status, and USCIS generally requires that you be in valid status at the time you file for a change. In limited situations, you may be able to request that USCIS approve the late filing, however when USCIS approves a late change of status filing the change of status takes effect on the approval date and will not be backdated. This will leave a gap in your status. However, approval to B-1/ B-2 would put you back in a valid status.
This is a discretionary and rarely granted form of relief, so it’s critical to consult an immigration attorney before pursuing this option. A well-prepared request with strong supporting evidence may improve your chances, but approval is never guaranteed.
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File a federal Lawsuit/ TRO
Students affected by these actions may consider filing a federal lawsuit or seeking a temporary restraining order (TRO) to challenge the termination of their SEVIS records. However, this can be a costly and lengthy process. Having communicated with several Attorneys the price tag to get onboard ranges from $8,000.00 to $25,000.00. For many students filing a lawsuit is not an option.
Even if you are not part of a lawsuit a favorable federal court ruling could prevent ICE from further terminations and hopefully restore status for those already affected.
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Avoid Further Violations
Any additional infractions—immigration-related or otherwise—could make your situation worse. Make sure to stay compliant with all local, state, and federal laws moving forward.
Conclusion
If you’ve been impacted by this recent crackdown, try not to panic, you are not alone. Immigration attorneys across the country are actively monitoring these developments and preparing potential legal challenges. At present, there appears to be no clear legal authority allowing SEVIS termination for minor infractions such as traffic violations or arrests without conviction. Yet, the current administration seems to be bypassing proper legal procedures by terminating SEVIS records, effectively stripping students of their legal status. This appears to be a calculated effort to pressure students into self-deportation.
Rather than initiating formal removal proceedings, which require due process, ICE has resorted to the simpler and quicker option of SEVIS termination. Even if future lawsuits succeed, the damage may already be done if a significant number of affected students leave voluntarily. In that case, the administration will have succeeded in its broader goal of reducing immigration—without legal justification.
Given the lack of transparency and consistency in how these terminations are being carried out, legal action is likely imminent. A favorable federal court ruling could pave the way for affected students to be reinstated by their DSOs and resume their studies. We will continue to closely monitor the situation and share updates as they become available.
If you have any questions or concerns, please reach out to PLG Partner Chris Prescott at cprescott@patellegal.com.