Even hundreds of international students have continued to achieve their records in the student and exchange visitor Information System (SEVIS), unilaterally abolished, endangered their legal status in the US, the California -based international student has filed the first case in the US district court, challenging the move.
Sevis is a web-based information system that the US Homeland Security (DHS) and American Immigration and Customs Enforcement (ICE) use international students to track and monitor during their ‘study period’. International students are suddenly terminated by their service records and even their educational institutions are clear about the cause of such termination.
Immigration lawyers states that minor bangs such as dustbin, transfer of lane while driving, or driving in effect are some previous slight clashes, which do not warrant such action by agencies.
The termination of Sevis record effectively eliminates the F -1 legal status of an international student. There is no ex -gratia period after the termination of sevis and as a result the International Student Service Office advises these students to leave the US as soon as possible.
California -based international student – called ‘Student Do #1’ (her/her identity has been anonymous) has filed a case against Christie NoM, Secretary (DHS) and Todd Leone, Acting Director (ICE). The lawsuit challenges the illegal termination of the plaintiff’s sevis record, which effectively strips the ability to remain a student in the US.
“The policy of abolishing the sevis record based on illegal visa rebirth of DHS seems to be designed to force students, including the plaintiff, in leaving their studies and ‘self-reliance'” despite not violating their legal status. Strip the students of the situation, and they are said to be out of the country without procedure.
The plaintiff has stated that the expiry of the Thecewis record is unauthorized and violates the procedural fixed procedure requirements of the Administrative Procedure Act (APA) and fifth amendment. The complaint gave details of the legal structure that controls the status of F -1 student and the termination of sevis, claiming that the Aadhaar quoted by the ICE does not provide legal rights for the termination.
It has been reported that the plaintiff is a student athlete who does not drink alcohol or does not use illegal medicines. Students focus on studies and sports. The only criminal history of the plaintiff is a minor rape, non-alcohol-related driving punishment. The punishment was not for the offense of violence, nor was it a potential punishment of more than a year (which are base that can eliminate legal status).
The plaintiff is highly valuable by his college, who wants him/he continues to be nominated. However, it is in danger due to the termination of the sevis record and the resulting termination of the legal status in the US.
On or on 1 April, the plaintiff received a notice from his college that the student visa was canceled and the status of Sevis was abolished. Two codes were given for expiration, these are related: failure to maintain the status and the basis of foreign policy.
Jath Shao, founder of an immigration law firm, told TOI, “Under DHS and Federal Rules, there are only two conditions under which someone’s condition can be eliminated. First, failure to maintain a situation (such as full -time study, can eliminate the situation of more than a year with a DHS or violent offense. If the DHS can eliminate the national security, or a public security in the federal register, if not a full -time study can eliminate the situation more than a year with DHS or violent offense. Publishes notification.
“The ICE’s own rules also say that even though the state department eliminates one’s visa (document used to enter the US), it does not mean that their position in this country is over,” says Shao.
The plaintiff has demanded a record and legal status and restoration of a declaration that the vocabulary was illegal. All eyes will now be in progress in the case in the US District Court (district between California), the result will affect hundreds of students caught in the same prediction.
