For over two decades, the U.S. Citizenship and Immigration Services (USCIS) has maintained that individuals in F-1 status with a D/S notation are not considered out of status, and therefore not subject to the 3- and 10-year bars, unless either (1) USCIS explicitly articulates such a determination during the adjudication process of an immigration benefit application, or (2) an immigration judge renders a finding to that effect. In both instances, the determination of out of status and any resultant unlawful presence commences on the date of the determination, or on the following day. This principle is articulated in USCIS’ 2009 guidance on the Consolidation of Unlawful Presence (ULP).
Notwithstanding the foregoing, USCIS has updated its website to state that if a SEVIS (Student and Exchange Visitor Information System) record is terminated, such action ostensibly indicates that the individual is out of status, as no grace period is afforded in cases of termination due to violations of status. For further details, reference is made to the following link:
https://studyinthestates.dhs.gov/sevis-help-hub/student-records/completions-and-terminations/terminate-a-student
It is pertinent to note that the revocation of student visas has not historically served as a basis for terminating SEVIS records or establishing a violation of status.
Depending upon the cause of termination, which the designated school official (DSO) may review in SEVIS, a grace period may be applicable during which the affected student and their dependents must either depart the United States or apply for reinstatement. However, should the termination arise from any violation of status, it is critical to underscore that there exists no grace period. Moreover, if an F-1 student departs the United States and seeks reentry subsequent to procuring a new F/M/J visa, it appears exceedingly unlikely that such a visa will be granted, given the heightened scrutiny currently imposed at U.S. consulates.
It appears that the longstanding interpretation of these regulations may be undergoing scrutiny and potential unilateral modification by the Trump Administration. At this juncture, there remains uncertainty regarding the current consensus on permissible actions and advice, underscoring the importance of vigilant observation of this evolving issue.