In an unprecedented move, the U.S. government has initiated mass revocations of F-1 student visas and terminations of corresponding SEVIS records, leaving hundreds of international students in legal limbo. While international student enforcement has historically been minimal, recent shifts signal a new, aggressive approach with far-reaching consequences for students, universities, and the broader U.S. economy.
What’s Happening?
Late last month, Secretary of State Marco Rubio announced that over 300 student visas had been revoked, citing national security concerns and alleged foreign policy risks. Reports now suggest that hundreds more F-1 students have been affected, with ICE (Immigration and Customs Enforcement) simultaneously terminating their SEVIS records, effectively stripping them of their legal status in the U.S. These enforcement actions are sweeping and largely opaque, often involving students with no or minor criminal history—or cases where charges are still pending or were dismissed.
Visa Revocation and SEVIS Termination
The U.S. State Department has discretionary authority to grant or revoke student visas. However, historically, it is very rare that the government will revoke an F-1 visa when the student is already present in the United States. A visa works like an admission ticket. Revocation of a visa only disallows the student from using it to return to the U.S. Without other violations, foreign students are generally allowed to maintain their F-1 status and continue their studies in the U.S. until completion.
However, when a student's SEVIS record is terminated, there are serious and immediate consequences. They immediately lose their F-1 status and become ineligible to work (even on OPT). Further, their dependents' F-2 status are also terminated.
Reasons for Termination
Many students received no advance notice or explanation before their status is terminated. Termination notations like “otherwise failing to maintain status” were used vaguely and without context, preventing students from defending themselves. Some students have some violations such as disorderly conduct, DUI, etc. Others have pending or dismissed cases. Yet, some other students believe that they have no prior violations of the law.
Students' Options are Limited
A student whose SEVIS is terminated faces immediate risk of deportation. In fact, the government often requests such student to use an app to facilitate self-deportation. However, leaving the country means that the student may not be able to finish their studies or return to the U.S. any time soon. Another option is to try to apply for reinstatement of status. The advantage is that they should be allowed to continue with their studies after filing of the reinstatement request - even this is questionable. Students may continue with their study, but may not work or participate in OPT programs. Another issue is that processing time of reinstatement cases is extremely long. The government will also likely to deny them under the current policy.
Another option for foreign students is to remain in the U.S. and defend themselves in removal proceedings. However, the process could be long, and they would not be able to continue with their study or work while the case is pending. Worse, they could be detained by ICE during the legal process. Some students proactively file lawsuits in federal court to reinstate their F-1 status and enjoin the government from detaining them. Students may follow suit if these lawsuits are successful.
In general, students should maintain a record of all communications with their DSO, ICE, and USCIS. Also keep record of any criminal violations including complaints, case dispositions, fines paid, etc. Evidence of compliance with visa conditions will be crucial.
Final Thoughts
The U.S. has long benefited from attracting top global talent through its educational system. We have benefited from them economically and also intellectually. This sudden crackdown on F-1 students not only disrupts the studies of many international students but also damages the country's reputation as a destination for international education and innovation. As we are now in a tough time at the moment, it is more important than ever for international students to take precautions to protect their status in the U.S. Foreign nationals, especially international students, should take steps to prepare for the worst and come up with contingency plans. It is also prudent to seek advice from an experienced immigration counsel early on before one's visa is revoked.
(Immigration laws and policies change regularly. If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)
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