FAQ: SEVIS Termination and F-visa Revocation

What should I do about the criminal proceedings? 

**You need criminal defense attorneys to deal with criminal charges asap.   

**Unless/until the charges are dismissed fully, you have an open criminal case that ICE will consider problematic. This means that even pre-trial probation may not even help you.  

What is SEVIS termination? 

**A terminated SEVIS record means that your current student status is OVER. You are now out of status. (If not already revoked, your F visa could be revoked as well.) If you remain “out of status” in the US for more than 180 days, you will have a bar to re-entry to the US.  

**There is no grace period upon SEVIS revocation, meaning you are “out of status” and cannot get any immigration benefits EXCEPT for immediate relative benefits or humanitarian benefits (such as asylum, VAWA or U visa).  

 What is F-visa revocation? 

**A terminated F visa means that you cannot re-enter the US with a terminated visa and you would need to apply for a new visa if they leave the US. (If not already terminated, your SEVIS record could be terminated at some point too.) 

 Will my OPT be revoked? 

**USCIS may cancel your OPT if your SEVIS record is terminated and/or F visa is revoked.  

 **You do not need to affirmatively tell your employer if your OPT is revoked. However, if your OPT is revoked and you continue to work, you are working without authorization, which may complicate your ability to get your status reinstated or get another US immigration benefit in the future.  

Will I be sent to Immigration Court? 

**Check EOIR case status to see if they have been placed in removal proceedings. Check this daily because the government could begin a case against you at any time. 

 **You could be detained by ICE and depending on the nature of the charges against you, you may not be eligible for any bond request. Even if you are technically eligible for bond release, the Immigration Judge may not grant you bond release.   

​What are my immigration options right now?  

**Unless/until your criminal case is fully dismissed, USCIS and the Immigration Court will not approve any immigration benefit for you.  

**You can apply for reinstatement immediately, but most likely the reinstatement will NOT be approved unless the criminal charges are dismissed without any guilty finding, guilty plea, or admission to facts.  

**You can depart the United States. With an open case, you may never be allowed back into the US.  

**You can apply for immediate relative adjustment of status. For most students, this would mean a marriage-based green card. If you are in a real relationship, strongly consider getting married and applying for a marriage-based green card. The marriage-based green card application will not be approved with an open case, but if you are eligible for this benefit, you should strongly consider applying for it as soon as possible.  

**Even with a marriage-based green card, you may need a waiver of inadmissibility (eligibility) if you receive a guilty finding, plea, or admission to facts. In some cases, you will not be eligible for a waiver or a green card. This will depend on the charges against you.  

 **If your case is in immigration court, you may have to win your green card before the immigration judge. You can apply for asylum and/or cancellation of removal before the Immigration Judge.