International students and exchange visitors across the U.S. are facing unprecedented challenges as Immigration and Customs Enforcement (ICE) terminates SEVIS records without prior notice, often accompanied by visa revocations from the Department of State (DOS). Ahluwalia Law Offices breaks down the risks, recent policy changes, and actionable steps to safeguard your legal status.
Why Are SEVIS Records Being Terminated?
Reports indicate that ICE’s Student and Exchange Visitor Program (SEVP) is proactively terminating SEVIS records for students with any law enforcement encounters, including dismissed charges or misdemeanors predating their visa issuance. Alarmingly, neither students nor Designated School Officials (DSOs) are consistently notified. Terminations are often discovered only when:
- Students receive visa revocation emails from DOS.
- DSOs identify discrepancies in SEVIS during routine audits.
- Students engaged in protest activities face retroactive consequences.
Critical USCIS Policy Change: Unlawful Presence Accrual
As of January 25, 2025, USCIS updated its policy on unlawful presence for those admitted for Duration of Status (D/S):
- Previous Policy: Unlawful presence began only after a formal USCIS denial or immigration judge ruling.
- New Policy: Unlawful presence now starts accruing the day after status expires if a student remains in the U.S.
This shift heightens risks for students with terminated SEVIS records, exposing them to rapid accrual of unlawful presence and potential bars on reentry.
Immediate Steps for Students and Attorneys
- Monitor All Email Accounts
Check spam/junk folders for notices from DOS or SEVP. Missing a revocation alert could lead to unforeseen consequences. - Review SEVIS Termination Details
Work with your DSO to identify the termination reason (e.g., “serious adverse foreign policy consequences” or criminal records). - Assess Reinstatement Eligibility
- Reinstatement Requirements:
- Enrollment in a school (OPT/STEM OPT students may be ineligible).
- No open criminal charges or unauthorized work.
- DSO recommendation and I-539 filing with fee.
- Document Preparation:
- Download all I-20s, I-94s, visas, and EADs (front/back).
- Secure FERPA releases, G-28, and ICE Privacy Waiver (Form 60-001).
- Reinstatement Requirements:
- Avoid Unauthorized Disclosures
If under scrutiny, advise students to limit discussions about their whereabouts, even with roommates.
Why Legal Counsel Is Essential
SEVIS terminations and visa revocations demand swift, strategic action. Ahluwalia Law Offices recommends:
- Prescreening for Litigation: Analyze DHS termination notices and criminal history to determine reinstatement viability.
- Collaborating with DSOs: Request screenshots of SEVIS reinstatement options and expedite I-539 filings if eligible.
- Mitigating Unlawful Presence Risks: Navigate USCIS’s new policy to prevent accrual and future immigration barriers.
Facing SEVIS Termination? Contact Ahluwalia Law Offices Today
The stakes for international students have never been higher. Our team specializes in resolving complex SEVIS issues, visa reinstatements, and defending against unlawful presence charges. Schedule a consultation to protect your education and future in the U.S.
