Tourist Visa & Staying for School

[fijiwind 0]

I was wondering whether anyone has ever heard of this scenario before: A couple and their 14 year old child were granted a tourist visa to come to the US. The uncle of the 14 year old child would like the child to remain in the US to finish high school (possibly indefinitely), even after the visa has expired. Is this even possible to do?

[Brother Hesekiel 2,236]

Possible?

Perhaps, but illegal and unlikely, if the child has to prove legal presence in the US for school purposes alone. Tourists cannot attend school legally, not even with a B2.

In addition, the girl would be responsible for any illegal presence starting 6 months and 1 day after her 18th birthday. The punishment for that is deportation and a ban on entering the US again for 5 or 10 years, depending on the duration of her overstay.

Other implications are the school tuition, which is free for legal residents, but quite expensive for exchange students. We are talking thousand of Dollars here. That aside, attending high school would be limited to a year, even if she had a student visa.

All in all, this is a really bad plan and quite unfair to the girl, who one day would have to deal with the consequences of her parents' and uncle's actions.

Edited January 6, 2010 by Just Bob

[Kathryn41 3,205]

Moved from AOS forum as General Immigration Forum is a more appropriate location for this topic

[Sc0tt28 26]

Possible?

Perhaps, but illegal and unlikely, if the child has to prove legal presence in the US for school purposes alone. Tourists cannot attend school legally, not even with a B2.

In addition, the girl would be responsible for any illegal presence starting 6 months and 1 day after her 18th birthday. The punishment for that is deportation and a ban on entering the US again for 5 or 10 years, depending on the duration of her overstay.

Other implications are the school tuition, which is free for legal residents, but quite expensive for exchange students. We are talking thousand of Dollars here. That aside, attending high school would be limited to a year, even if she had a student visa.

All in all, this is a really bad plan and quite unfair to the girl, who one day would have to deal with the consequences of her parents' and uncle's actions.

This is not entirely accurate. A B-2 visitor can enter as a "prospective student" and then adjust status to an F-1. Now for a person to arrive as a "regular" visitor (not a prospective student) and then change his/her mind or be influenced by a relative to attend school...that would be a different situation.

[fijiwind 0]

This is not entirely accurate. A B-2 visitor can enter as a "prospective student" and then adjust status to an F-1. Now for a person to arrive as a "regular" visitor (not a prospective student) and then change his/her mind or be influenced by a relative to attend school...that would be a different situation.

Thank you for your responses. I did some research, and Sc0tt28 has given the closest and best answer. For future reference, a B2 should note they may attend school when they arrive and have that noted on their I-94 as a 'prospective student.' Once they decide to attend school, they must be accepted into an INS approved school (One that meets the SEVIS requirements) and then file an I-539 to adjust their status to F1. Note though that if the non-immigrant is seeking to attend public school, they can only attend a public secondary school (usually grades 9-12) and are limited to 12 months of study, and must show that they have reimbursed the school per capita for the expense of having the non-immigrant study there. They are not allowed to attend a public elementary school (usually K-8). The caveat is that an F1 may attend any INS approved PRIVATE elementary or secondary school. Thanks for all your help folks.