If someone has recently received a SEVIS termination letter and their F-1 visa status was canceled, it is a serious matter that may lead to expedited removal, arrest, or removal proceedings in immigration court.
The reasons can vary widely, including but not limited to failure to maintain status (e.g., not enrolling full-time, unauthorized employment), criminal conviction (e.g., theft, assault, traffic, or drug-related offenses), security grounds (e.g., being flagged in connection with terrorist groups), misrepresentation or fraud (e.g., using fake documents or lying on applications), FBI or DHS background check flags, or visa revocation under INA 221(i) due to post-issuance ineligibility (often triggered by updates in the CLASS or IDENT databases).
What Can Be Done?
Depending on the reason for termination, you may have one or more options.
Reinstatement Request (Form I-539): This option is for students who violated status unintentionally or under extenuating circumstances. It must be filed within five months of SEVIS termination and must demonstrate no prior violations and an intention to return to full-time study.
Motion to Vacate a Criminal Conviction: If the SEVIS termination and visa revocation were due to a criminal conviction, especially if it was wrongful or can be challenged (e.g., ineffective counsel), a criminal defense attorney can file a motion to vacate the conviction.
You may also challenge misclassification or security allegations. If labeled as a security threat (e.g., supporter of Hamas or another designated foreign terrorist organization) and you were not, it is crucial to retain an experienced immigration attorney, provide evidence of lack of affiliation, and file appropriate motions or seek waivers under INA 212(d)(3) if eligible.
Note: Hamas is designated by the U.S. as a Foreign Terrorist Organization (FTO). Any alleged support can result in inadmissibility under INA §212(a)(3)(B) and potential removal under INA §237(a)(4)(B).
It’s better to act quickly. SEVIS termination triggers unlawful presence and can affect your future visa eligibility. Always consult an experienced immigration attorney, especially if the case involves criminal grounds or national security issues. Depending on the situation, you may pursue reinstatement, criminal relief, or removal defense in immigration court.
This is intended for informational purposes only and does not constitute legal advice. Always consult an attorney for personalized advice.
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Keshab Raj Seadie, Esq.
View More PostsKeshab Raj Seadie is an immigration lawyer located in New York City and the founder of the Law Offices of Keshab Raj Seadie, PC. The firm has been serving clients for over twenty years, offering counsel and representation in a wide range of immigration law areas.
