F1 VISA AOS Missing Credit Hours

[SamKhouly 2]

Hello VisaJourney Community,

 

I am filing family based AOS to a relative, she has been living in USA for 5 years 2016 to 2021 under F1 student visa. We had a hiccup, I hope it is a small one.

 

It goes like:

1- She needs 12 hours to maintain full time student status in fall and spring.

2- She has that satisfied for all the years, fall and spring.

3- She only missed on semester, fall 2018, where she has 10 credit hours.

4- The reason for (3) is that she  studied a 4 credit hours in summer 2018, if that class is added to the 2018 fall hours she should be meeting the full time criterion.

 

In the green card interview, officer discovered some missing years of her classes reports, we are in the process of gathering all the year reports, and we noticed the missing 2 credit hours.

 

Question: 1- how big of a problem?

                  2- Advice on how to proceed?

 

Thanks for your help!

 

[oneoftheunderdogs 87]

Sounds like she was out of status during that time? Are you a USC?

[arken 4,197]

Did the ISO of her university not tell her anything? The ISO would tell her usually she is falling out of status by not enrolling full time.

 

Anyway, IOs would not be looking into what sort of credits were taken each semester. But they can see if she fell out of status thru SEVIS record.

[SamKhouly 2]

Hello,

 

I have dug more in the issue:

1- That semester was a last semester in the community college, she moved afterwards to a California State university CSU for the next two years.

2- I think the law says that you can have class hours less than full time in some cases, one of them is your last semester when you finished all required credit hours.

3- I don't think think she fell out of status, because she were issued a new I20 after that semester for CSU.

 

Can the immigration officer pull SEVIS records? If he can, why is he asking to provide class reports.

 

I think the plan now is to send all the class reports and the I20s, add a cover letter to explain why 10 hours in that semester.

 

Do you guys think that is enough? Is there a way to pull the SEVIS report?