How Low Will They Go? Chapter 2: For Foreign Students, Visa Revocation = SEVIS Termination. What are the Consequences?

Posted on April 6, 2025

In the good old days – prior to January 20, 2025 – visa revocation was not the end of the world for a student if he or she was in the US at the time of receiving the notification. As long as the student remained in the US, he or she was able to continue with the academic program. Yes, the email from the consulate notifying the student of the revocation was very unpleasant, but the revocation only took effect upon departure from the US. And so thousands of students, including those who had been impacted by the AzTech/ Integra/ Wireclass/ Findream/ Sinocontech/ Acuity OPT scandal, were able to continue their studies. Not anymore.

Over this past week, the Trump Administration has not only notified certain foreign students that their visas have been revoked, but terminated their SEVIS registration – in essence, ending their current ability to study in the US. The reasons run the gamut: political speech, speeding tickets, domestic disputes, arrest, driving without insurance. The Administration has been using a variety of tracking mechanisms, including social media and databases containing fingerprints, to identify these student visa holders.

There is no better - or should I say, worse - sign of the times than a simple comparison of the Department of State’s visa revocation notices pre-Trump and post-Trump. Here is the text of the Department of State’s visa revocation notice from 2021:

 

This is a notice that your current F1 visa (foil number _________) has been revoked pursuant to section 221(i) of the Immigration and Nationality Act, and that the revocation will become effective immediately upon your departure from the United States.  This action is based on the fact that subsequent to visa issuance, information has come to light indicating that you may be inadmissible to the United States and ineligible to receive a visa. You will be required to reappear before a U.S. consular officer to establish your eligibility for a visa before being permitted to reenter the United States.

Here is what the Department of State’s notice now says;

We are writing about an important and serious matter in reference to your nonimmigrant student (F-1) visa. On behalf of the United States Department of State, the Bureau of Consular Affairs Visa Office hereby informs you that additional information became available after your visa was issued. As a result, your F-1 visa with expiration date ________ was revoked in accordance with Section 221(i) of the United States Immigration and Nationality Act, as amended. The Bureau of Consular Affairs Visa Office has alerted the Department of Homeland Security’s Immigration and Customs Enforcement, which manages the Student Exchange Visitor Program and is responsible for removal proceedings. They may notify your designated school official about the revocation of your F-1 visa. Remaining in the United States without a lawful immigration status can result in fines, detention, and/or deportation. It may also make you ineligible for a future U.S. visa. Please note that deportation can take place at a time that does not allow the person being deported to secure possessions or conclude affairs in the United States. Persons being deported may be sent to countries other than their countries of origin. Given the gravity of this situation, individuals whose visa was revoked may wish to demonstrate their intent to depart the United States using the CBP Home App at https://www.cbp.gov/about/mobile-apps-directory/cbphome. As soon as you depart the United States, you must personally present your passport to the U.S. embassy or consulate which issued your visa so your visa can be physically cancelled. You must not attempt to use your visa as it has been revoked. If you intend to travel to the United States in the future, you must apply for another U.S. visa and a determination on your eligibility for a visa will be made at that time.

Obviously, the situation is fluid and numerous questions have arisen. Can a student contact ICE and try to get it to reverse the decision and allow for reinstatement? How likely is it that, after departure and upon the submission of a new visa application, will a new F-1 student visa be issued? Is it possible to change status, to H-1B, for example? Will the student start to accumulate unlawful presence from the date of the SEVIS termination notice? Is it possible to sue the US Government to save one’s status? These are all questions that will be answered in the coming days.