Hello, we just discovered a situation of concern...
My wife came to the US in January 2022, attended the Spring semester, did not take classes and returned home during summer with DSO approval and travel signature on I-20, and returned for Fall. The university offers Fall and Spring semesters, and a summer session. Semesters are 16 weeks, and the summer is about 8 weeks. She was enrolled in an undergraduate program.
Some articles and policies from the Study in the States / DHS website state for F-1 in general that at least one full academic year must be completed for annual vacation, and refer to "8 CFR § 214.2 - Special requirements for admission, extension, and maintenance of status"
8 CFR 214.2(f)(5)(iii) states: "Annual vacation. An F-1 student at an academic institution is considered to be in status during the annual (or summer) vacation if the student is eligible and intends to register for the next term. A student attending a school on a quarter or trimester calendar who takes only one vacation a year during any one of the quarters or trimesters instead of during the summer is considered to be in status during that vacation, if the student has completed the equivalent of an academic year prior to taking the vacation."
Our university cites the one full academic year requirement for annual vacation, and adds that for undergraduate students that enrollment is only required during the traditional school year from August-May (which translates to Fall and Sring semesters).
Was this OOS / violation of status or is she good?
