Recent visa revocations targeting international students have brought renewed urgency to the question: what does it truly mean to “maintain F-1 status” in the United States? As universities report unexpected SEVIS record terminations and students are left scrambling for answers, it’s crucial to understand what maintaining lawful status entails—and what to do if it’s lost.
F-1 Visa vs. F-1 Status: A Key Distinction
First, let’s clear up a common misconception: your F-1 visa is not the same as your F-1 status. The visa allows you to enter the U.S.; your status is what governs how long you can stay and what activities you are permitted to engage in once you’re here.
While your F-1 visa may expire or be revoked, your lawful presence in the U.S. continues as long as you maintain status—by staying enrolled full-time at a SEVP-certified school and complying with visa conditions. Losing status, on the other hand, ends your legal stay, even if your visa remains valid.
What Does It Mean to “Fail to Maintain Status”?
The Department of Homeland Security monitors F-1 students through the SEVIS system. A failure to maintain status might occur if a student:
- Drops below a full course load without prior authorization.
- Engages in unauthorized employment.
- Fails to attend classes or make academic progress.
- Takes a leave of absence or transfers without school and USCIS approval.
In the past, Designated School Officials (DSOs) usually reported status violations. Now, in some cases, status terminations are initiated by DHS directly, sometimes without advance warning.
What’s Happening Now?
Over the last few weeks, there’s been a rise in government-initiated terminations of F-1 status—separate from traditional visa revocations. Students are discovering through SEVIS audits or delayed notifications that they are no longer in valid status. This change in practice is catching many institutions off guard, particularly as it affects students who were not otherwise in violation of status.
What Happens If Status Is Terminated?
If your F-1 status is terminated:
- You are considered out of status immediately.
- There is no 60-day grace period.
- You could face detention, deportation, or a bar on future U.S. entry.
- Your work authorization, if applicable, is void.
- Reinstatement may be an option, but only in limited scenarios.
Options After Status Termination
- Apply for Reinstatement: File Form I-539 and demonstrate the violation was beyond your control. You must act quickly—ideally within five months of falling out of status.
- Depart and Re-enter: Leave the U.S. and apply for a new F-1 visa abroad. But in current circumstances, this is risky and reissuance is uncertain.
- Change of Status: You may apply to switch to another visa category (e.g., H-1B, O-1, or E-2), if eligible.
- EB-5 Investment Option: Under INA §245(k), some students may adjust status through an EB-5 investment pathway, provided the status lapse is under 180 days and they lawfully entered the U.S.
Can Students Sue Over Status Termination?
Yes. Some students are pursuing federal court challenges. If you believe your SEVIS record was unjustly terminated, you may be able to seek injunctive relief through a Temporary Restraining Order (TRO) or file for administrative review. Legal action may be especially important for students caught in the current wave of revocations without notice.
What Should Universities Do?
Institutions should take a proactive role:
- Audit SEVIS records regularly.
- Communicate any status changes immediately to affected students.
- Prepare legal referrals or provide access to immigration attorneys.
- Educate students on travel risks and document requirements.
- Be prepared for possible ICE inquiries or campus enforcement.
Conclusion
The landscape for F-1 students is rapidly evolving. Status termination is no longer just a bureaucratic risk—it’s now a trigger for possible removal. Understanding your rights, remaining in close contact with your DSO, and seeking legal advice when needed are key steps in protecting your future in the U.S.
If you’re unsure about your status or need help navigating next steps, don’t wait—contact our team for a confidential consultation.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.