Across the United States, F1 students in many cases have been notified by their International Office that their SEVIS registration has been terminated. There are various reasons given for this termination, but the important point is that the student was not permitted to provide any evidence or argument regarding their status before the termination.
In this situation, F1 students have the following three options:
- An Application for Reinstatement may be filed with USCIS with the help of the International Office. For reasons discussed below, we do not recommend this option.
- A Motion to Reconsider filed with ICE and SEVP, which asks the government to reconsider their decision.
- Filing a lawsuit in federal court to ask a federal judge to review the actions of SEVP and ICE in these cases.
The first two options raise serious questions if they are filed. First, these applications and motions go right back to the people who made the original decision. It is unlikely they will reconsider their first decision, which is also why the second option is not recommended. Further, the first two options provide no control in terms of the timing. It may take these agencies two months or 12 months or longer to make a decision. We have no input into that timing.
The third option provides a federal court judge with the opportunity to review the decisions of these agencies, and more importantly, the procedures that they used to make these decisions. The argument is based upon a violation of the fifth amendment to the US Constitution and its provision requiring due process for everyone in the United States.
There may also be a violation of the Administrative Procedures Act (APA) alleging that these cases are the product of an abuse of discretion. This is not allowed by the APA.
Both of these causes of action provide for attorney’s fees to be paid to the student if he or she is successful in the lawsuit. This is certainly not guaranteed, but it is something to consider.
Finally, in summary, we do not recommend the Application for Reinstatement or Motion to Reconsider for the students who have had their SEVIS registration terminated. It is very important that these options NOT be pursued. If they are filed with the government, there’s a very good possibility that a federal court will not allow a lawsuit against ICE or SEVP to correct determination.
Please contact our office or another Board-Certified immigration attorney as quickly as possible to discuss these issues.
