How to Stay in the USA Legally After SEVIS Termination

Key Takeaways

• SEVIS termination causes immediate loss of legal F-1 status and potential deportation.
• Common SEVIS termination reasons include unauthorized employment and failure to maintain full-time enrollment.
• Students can seek reinstatement or re-enter with a new SEVIS record to regain legal status.

The United States 🇺🇸 is a top destination for international students seeking quality education and global opportunities. However, the proper maintenance of SEVIS (Student and Exchange Visitor Information System) records is critical to uphold legal status while studying on an F-1 visa. A terminated SEVIS record can place students in complex legal situations, as their lawful presence in the U.S. is immediately disrupted. Nevertheless, there are clear, structured paths students can explore to remain in the country legally and overcome the challenges of SEVIS termination.

This comprehensive guide offers a detailed exploration of SEVIS termination, its consequences, and actionable steps for students to retain or regain their legal status in the U.S.

What Is SEVIS Termination, and Why Does It Matter?

SEVIS is a system controlled by the U.S. Department of Homeland Security (DHS) to track international students and exchange visitors in compliance with U.S. immigration laws. Each student’s SEVIS status is tied to their F-1 or M-1 visa, and termination occurs when a student fails to adhere to the stipulated conditions of their visa.

Once a SEVIS record is terminated, the student instantly loses legal nonimmigrant status. This means that their presence in the U.S. could be classified as unlawful, resulting in the possibility of severe immigration repercussions like denied re-entry or deportation.

Common Reasons for SEVIS Termination: Causes to Look Out For

Understanding the reasons behind SEVIS termination is the first step in avoiding this situation or addressing it if it occurs. Some of the most common reasons for termination include:

• Failure to enroll full-time: International students are required to maintain a full course load unless officially exempt.
• Unauthorized employment: Any job undertaken without explicit authorization from the Designated School Official (DSO) or USCIS can lead to termination.
• Dropping below full-time status: Without prior DSO approval, reducing your course load below the minimum full-time hours can prompt SEVIS termination.
• Failure to report updates: Students must keep their DSO informed of address changes, employment updates, or any alterations in status while on Optional Practical Training (OPT).
• Disciplinary actions: Expulsion or suspension from a school due to disciplinary issues often results in SEVIS termination.
• Unauthorized withdrawal from classes: Withdrawing from school without following the proper procedures directly violates visa rules.

Each of these scenarios carries significant consequences, making it essential for international students to stay attentive to visa conditions and remain in regular communication with their DSO.

Immediate Impacts of SEVIS Termination on Legal Status

When SEVIS is terminated, the effects are far-reaching for both the student and their dependents (F-2 or M-2). Key implications include:

1. Loss of Legal Status: The student is immediately classified as “out of status,” meaning they are no longer lawfully residing in the U.S.
2. Employment Restrictions: Any work authorization associated with the visa, such as OPT or CPT, is also voided.
3. Travel Limitations: Re-entry into the United States with a terminated SEVIS record is not allowed.
4. Risk of Deportation: Staying in the U.S. without valid status increases the likelihood of removal proceedings.
5. Future Visa Challenges: A termination record may result in stricter scrutiny during future visa applications or immigration procedures.

Recognizing these outcomes underscores the urgency of taking the right steps immediately after a SEVIS record is terminated.

Options for Staying in the United States Legally

Although SEVIS termination poses significant difficulties, it is not the end of the road. There are legal avenues to explore for students determined to stay and continue their studies in the U.S.

1. Requesting Reinstatement of F-1 Status

Students whose SEVIS termination occurred due to unavoidable circumstances may pursue reinstatement. This process allows them to restore their F-1 visa and resume legal status.

Eligibility Criteria for Reinstatement:

• The reason for termination must have been beyond the student’s control (e.g., a serious illness or unforeseen circumstances).
• The student must not have worked without authorization while out of status.
• They must demonstrate intent to resume a full course of study after reinstatement approval.
• Reinstatement should be filed within five months of the SEVIS termination date, unless extraordinary reasons apply.

Steps to File for Reinstatement:

1. Consult with the DSO: Contact your school’s Designated School Official to receive a newly issued Form I-20 marked for reinstatement.
2. File Form I-539: Submit the “Application to Extend/Change Nonimmigrant Status” to USCIS along with the new Form I-20, a written explanation of the violation, and supporting documents.
3. Await USCIS Decision: Students can continue attending classes while reinstatement is pending, but they cannot resume employment or travel until it is approved.

Reinstatement is one of the most effective ways to regain legal status, provided the violation is minor and the student acts swiftly.

2. Departing and Returning with a New SEVIS Record

If reinstatement is impractical, another option involves leaving the country and re-entering with an entirely new SEVIS record.

Requirements for Re-entry:

• A new Form I-20 issued by the DSO.
• Repayment of the SEVIS I-901 fee.
• A new F-1 visa application may be necessary depending on the validity of the current visa.

This route involves additional risks, as visa issuance is not guaranteed, and delays may disrupt a student’s ability to resume their academic program.

Timing Is of the Essence: Grace Periods After Termination

The opportunities to take legal corrective action following SEVIS termination depend strictly on the type of violation:

• No Grace Period: For status violations like unauthorized employment or failure to maintain enrollment, immediate departure or reinstatement filing is needed.
• 15-Day Grace Period: This applies only to students who obtain an Authorized Early Withdrawal.
• M-1 Visa Students: M-1 students do not benefit from any grace period, requiring immediate action to avoid unlawful presence in the U.S.

Being aware of these deadlines ensures students can act promptly and prevent further complications.

Preventing SEVIS Termination: Key Compliance Tips

The most effective way to handle SEVIS termination is to avoid it altogether. Adopting proactive measures can significantly reduce the likelihood of termination. Here’s how:

1. Maintain Regular Communication: Stay in close contact with your school’s Designated School Official to clarify any visa-related issues.
2. Report Changes Promptly: Update your DSO about any changes in your address, employment, or enrollment immediately.
3. Stay Within Regulations: Avoid engaging in unauthorized work or other activities that could violate visa conditions.
4. Plan Ahead: If you need to take fewer classes or withdraw for any reason, seek prior approval from your DSO.

Adhering to these practices ensures that international students remain compliant and minimize the risk of status breaches.

Final Thoughts: Navigating SEVIS Termination Challenges

A SEVIS termination can be a daunting experience, but it does not have to derail your academic or personal goals in the United States. Whether choosing to apply for reinstatement or re-entering under a new SEVIS record, the key is to act quickly and seek professional guidance.

It is highly advisable to consult your school’s Designated School Official and engage with an immigration attorney to make informed choices about the most suitable course of action. VisaVerge.com’s investigation highlights that timely intervention can make all the difference in preserving your immigration status.

For further information and to access the necessary forms, consult the USCIS official page on reinstatement. With the right strategy and support, you can overcome this hurdle and continue your academic journey successfully.

Learn Today

SEVIS → A system tracking international students in the U.S., managed by DHS, linked to F-1 and M-1 visas.
F-1 Visa → A nonimmigrant visa allowing international students to study full-time at U.S. academic institutions.
DSO → Designated School Official managing international students’ records and compliance with immigration regulations.
I-20 → A form issued by schools to certify F-1/M-1 eligibility for students applying for a visa or reinstatement.
USCIS → U.S. Citizenship and Immigration Services, responsible for managing immigration procedures and applications.

This Article in a Nutshell

Maintaining an active SEVIS record is essential for F-1 visa holders. SEVIS termination results in loss of status, employment voidance, and deportation risks. Students may seek reinstatement through USCIS or re-enter with a new SEVIS record. To avoid issues, follow visa regulations, communicate with DSOs, and report status changes promptly.
— By VisaVerge.com

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• What to Do When Your SEVIS is Terminated: DSO SEVIS Termination Help
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