As of April 4, 2025, SEVIS records of hundreds of international students in the United States have been terminated without justification or prior notice. According to data tables compiled among students, these terminations span across more than 50 universities.
Some of these students, who lost their status just weeks before graduation and whose job offers and graduate school admissions are now at risk, were individuals who had merely gone to court for identification purposes, had their cases dismissed, or were acquitted.
Student visas can be revoked at the discretion of the U.S. government. However, for students already in the U.S., the law stipulates that their visas cannot be revoked by consular officers—except in cases involving driving under the influence.
Recently, however, the Department of State has begun revoking visas under INA §237(a)(4)(C). According to this provision:
“The Secretary of State may determine that the presence or activities of an alien would have potentially serious adverse foreign policy consequences for the United States, and such an alien may be deportable.”
On March 28, 2025, Secretary of State Rubio revoked more than 300 student visas under this provision and launched a new program that uses artificial intelligence to scan student visa holders’ social media posts. The State Department’s new system also flags student visa holders as “high-risk” based on automatic scans of court records or fingerprints in certain states.
Once a visa is canceled, deportation proceedings may be initiated either due to the individual's presence being in violation of immigration law or on grounds that their activities breach foreign policy. However, such a claim does not automatically result in a deportation order.
In 2024, USCIS made a significant update to its website. According to the new statement:
“Students admitted to the U.S. for the duration of their status begin to accrue unlawful presence the day after their status ends.”
This marks a riskier shift from the previous 2009 policy. Under the former rule, unlawful presence only began:
When USCIS denied an application, or
When an immigration judge issued a ruling of status violation.
This difference can directly affect whether applications for visa renewals, status extensions, or reinstatements are approved.
Although these terms are often used interchangeably, there is an important distinction. Understanding this difference is critical to grasp the consequences of each and the available options.
A visa is a label placed in a passport that grants travel authorization to the U.S. Even if a visa expires or is canceled, the individual may still maintain their legal status. For example, someone who entered on an H-1B visa can remain in the U.S. as long as they continue to renew their status, even if their visa expires.
If the State Department cancels only the visa, it does not immediately require the individual to leave the U.S., nor does it terminate their status. If DHS decides to deport the individual whose visa has been canceled, then an NTA (Notice to Appear) must be issued to initiate the immigration court process.
Nonimmigrant statuses, including student status, can only be terminated under the following conditions:
Revocation of a waiver previously granted in favor of the individual,
A private bill granting lawful permanent resident status,
National security, diplomatic, or public safety concerns.
ICE generally only cites the law as justification for status termination but fails to adequately explain or substantiate these decisions.
Cancellations and deportations are generally based on the following legal provisions:
Statute | Meaning |
---|---|
INA 237(a)(4)(C)(i) | If the individual’s presence “may have potentially serious adverse foreign policy consequences,” they may be deportable. |
INA 237(a)(1)(C)(i) | If the individual failed to comply with the conditions of their visa or status, they may be deportable. |
DOS Authority (INA 221(i)) | The Secretary of State is authorized to revoke a nonimmigrant visa without a court ruling or criminal conviction. |
The legal foundation for these abrupt cancellations is highly controversial. Many students have never been prosecuted, and cases that were filed were often dismissed or resulted in acquittals. ICE's stated reasons are often vague and unsubstantiated, such as “criminal background” or “security risk.”
Students have not been given the chance to defend themselves in advance of SEVIS terminations. This violates the rights to due process and access to information provided by the U.S. legal system.
ICE actively cancels the SEVIS records of students with minor infractions—even those with dismissed charges. This raises serious concerns about the criteria used for these terminations.
Such cancellations are also procedurally improper, as they deny students the right to learn of and defend against the accusations.
The most appropriate course of action in this case is to file a lawsuit in Federal Court seeking reversal of the decision on the grounds that the SEVIS cancellation violates constitutionally protected due process rights and administrative procedures, and is legally invalid.
Regaining status after a SEVIS termination may be possible through a process called “reinstatement,” but it is not always practical. Reinstatement applications are submitted to USCIS, an agency under DHS. During this process, the student may continue attending classes but cannot work, intern, or apply for OPT. Reinstatement is not available to students involved in ongoing criminal cases or those who have worked without authorization. Furthermore, applying for reinstatement to the same agency that canceled the SEVIS record may not yield the desired outcome.
If the student’s visa is canceled, they may remain in the U.S. To begin deportation, DHS must file an NTA detailing the grounds for removal. During this process, the individual has the right to be represented by an attorney and to challenge the government’s evidence in court.
Regularly check your email.
Contact your school’s DSO (Designated School Official).
Is your SEVIS record still active?
Can a reinstatement application be filed?
If reinstatement is not an available option in the system, request a screenshot.
Collect and digitally store all documents:
All I-20 forms
Passport, visa, EAD card (if applicable)
I-94 records and travel history
SEVIS screenshots
If you experience a visa cancellation or SEVIS record termination, timing is critical. Gather your documents, try to understand your situation, and seek assistance from a qualified immigration attorney without delay.
We are a team committed to defending the legal rights of international students and supporting them throughout this process.
If you need help, you can reach us at our office number 862-799-2200. Contact us through this [link] to schedule a consultation.
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