On June 7, 2010, the Student and Exchange Visitor Program (SEVP) issued Policy Guidance 1004-04 – Visa Revocations. The guidance describes the process leading up to visa revocation, the Department of Homeland Security’s response to a visa revocation, and actions SEVP would like a DSO to take in SEVIS after being notified by ICE of a visa revocation. The policy guidance document is no longer listed in the Policy section of SEVP's Schools and Programs page, but it still resides unlinked to any other pages on the ICE website at https://www.ice.gov/doclib/sevis/pdf/visa_revocations_1004_04.pdf.
NAFSA transcription of SEVP Policy Guidance 1004-04:
"Student and Exchange Visitor Program
June 7, 2010
POLICY GUIDANCE FOR: Designated School Officials
FROM: Student and Exchange Visitor Program – Policy Branch
SUBJECT: Policy Guidance 1004-04 –Visa Revocations
AUTHORITIES: Immigration and Nationality Act, section 244(b)(1); 8 CFR 214.2(f)(6) and (9); 8 CFR 214.2(m)(9) and 8 CFR 214.3(g)(2)
Comments:
To comment on this Policy Guidance or suggest a change, please e-mail [email protected] with “Policy Guidance 1004-04 Comment” entered in the subject line within 60 days of the date of this guidance.
Purpose:
The Student and Exchange Visitor Program (SEVP) wants to ensure that designated school officials (DSOs) are aware of the visa revocation process, how to record such an action in a Student and Exchange Visitor Information System (SEVIS) record, and how to respond to law enforcement inquiries involving students whose visas have been revoked. [1]
This guidance represents SEVP’s current thinking on this topic. It is advisory in nature and informational in content. Its purpose is to provide guidance to the SEVIS user community and to all SEVP personnel involved in the adjudication and review of petitions for SEVP certification and appeals.
It reflects the position on, or interpretation of, the applicable laws or regulations DHS has published as of the date of this publication, which appears on the first page of the policy guidance. This guidance does not, in any way, replace or supersede those laws or regulations. Only the latest official release of the applicable law or regulation is authoritative.
This guidance does not create or confer any rights for or on any person and does not operate to bind SEVP or the public.
SEVP has not provided previous guidance on this issue. This policy remains in effect until specifically superseded by a subsequent SEVP policy guidance or directive, or until SEVP amends the specifically cited authorities, above, with respect to this issue.
Background:
Visa revocations are an important tool in maintaining the security of our borders. Since September 11, 2001, the Department of State (DoS) has revoked 1,250 visas based on information suggesting possible terrorist activities or links. DoS receives a continuous stream of information that affects the eligibility of aliens to hold visas. Subsequent to an alien receiving a visa, the DoS uses any information received that calls into question the alien’s suitability as a visa holder, such as a potential threat to the security of the United States, to revoke a visa. DoS revokes the visa promptly and relies on the visa application process to resolve identity and other questions at a later time, should the visa holder wish to reapply for a visa.
The revocation process supplements the terrorist watch-listing work of the Terrorist Screening Center (TSC), which provides the vast majority of the derogatory information on specific individuals. The TSC updates the DoS's Consular Lookout and Support System (CLASS) database with the derogatory information about an alien. If it appears that DoS may have issued a visa to a watch-listed alien, TSC forwards the derogatory information to the Visa Office (VO) of the Bureau of Consular Affairs, which manages the visa-revocation process for DoS.
Once it determines a possible link between the alien and the terrorist-related information, DoS formally revokes the visa. As soon as VO receives the derogatory information from TSC or other agencies, it places a revocation lookout (VRVK code) in CLASS, which replicates in real time in the Department of Homeland Security's (DHS) Interagency Border Inspection System, making the lookout available to DHS inspectors at ports of entry into the United States.
The alien does not receive advance notice that DoS is considering revoking the visa. After DoS revokes the visa, the relevant consular post attempts to contact the alien. However, the consular posts are not in a position to determine whether the alien is in the United States or to find the alien and provide him or her with notice that the revocation has occurred.
If the holder of the revoked visa reapplies for a visa at one of the embassies or consulates abroad, a consular officer carefully screens the application and, after consultation with DoS, determines eligibility. DoS might issue a new visa if it determines that the information which led to the revocation does not pertain to the alien or that the alien is in any event eligible.
DHS Reaction to DoS Visa Revocation:
Immigration and Customs Enforcement’s Compliance Enforcement Unit (CEU) receives notification from DoS when DoS revokes a nonimmigrant’s visa on national security grounds. In turn, CEU gathers additional information to prepare the case for a field investigation, if warranted. If it finds that DoS revoked an F or M visa on national security grounds, and the student is not present in the United States, CEU refers the nonimmigrant student’s information to the SEVP liaison assigned to CEU.
DSO Actions in Response to Visa Revocation Notice:
The SEVP/CEU liaison provides a DSO with a list of the visa revocations at the DSO’s school. A visa revocation may occur after the visa is issued but before the nonimmigrant enters the United States or upon arrival at a port of entry or while the nonimmigrant is in the United States.
If a DSO receives a visa revocation notice, the DSO should take the following actions in the student’s SEVIS record:
- If the nonimmigrant was entering on an initial Form I-20, “Cancel” the record upon notification.
- If the nonimmigrant student was re-entering the United States to continue a program of study, enter “Terminated” in the SEVIS record for “No Show.”
Some circumstances require revocation of a nonimmigrant student’s visa while the nonimmigrant is in the United States and in status. Visa revocation is not, in itself, a cause for termination of the student’s SEVIS record.
It is possible that neither the student in question nor the DSO has knowledge of the visa’s revocation. However, law enforcement authorities may contact the school officials to verify whether the student is maintaining status.
Contact SEVP if you have questions.
Footnotes
[1] This guidance represents SEVP’s current thinking on this topic. It is advisory in nature and informational in content. Its purpose is to provide guidance to the SEVIS user community and to all SEVP personnel involved in the adjudication and review of petitions for SEVP certification and appeals.
It reflects the position on, or interpretation of, the applicable laws or regulations DHS has published as of the date of this publication, which appears on the first page of the policy guidance. This guidance does not, in any way, replace or supersede those laws or regulations. Only the latest official release of the applicable law or regulation is authoritative.
This guidance does not create or confer any rights for or on any person and does not operate to bind SEVP or the public."