Recent developments indicate that the Student and Exchange Visitor Program (SEVP) / U.S. Immigration and Customs Enforcement (ICE) is taking the position that the termination of a SEVIS record does not automatically result in the loss of lawful immigration status. This evolving interpretation carries significant legal implications for F-1 and M-1 students facing program termination or administrative action.

Position on SEVIS Termination

SEVP / ICE has clarified its position in response to multiple lawsuits recently filed in SEVIS termination cases, that a termination of a SEVIS record is merely considered a change in the U.S. Department of Homeland Security’s (DHS) internal records, rather than a formal determination that a student is out of status. Under this interpretation, students facing such a situation may still be eligible to apply for a change of status from within the United States.