Canadian student wanting to attend secondary school in the US

[Vlntine 1]

I have done quite a lot of research in to this but still don't have answers. My daughter would like to move to the US to live with her step father and finish secondary school there. I have been in touch with the school in the US who say this is not a problem but I am wondering if it actually would be a problem when it came to taking her across the border? This is different because it is secondary school, not post secondary

[jaycali 415]

What's the US equivalent here, middle or high school?

If we're talking high school, this is most often done as a foreign exchange program, with a J-1 visa. Most of these are done through exchange programs, but it's fully possible to do privately as you suggest.

Keep in mind you will have to reimburse the school for the full cost of the education.

[jaycali 415]

Ok I just realized we're talking about a Canadian. Slightly different rules.

http://canada.usembassy.gov/mobile//visas/visas/student-and-exchange-visas.html

[jan22 3,056]

Student visas (or student visa status, if granted at the port of entry like it is for Canadians) do not permit study in a public high school for more than 12 months. And, the school must provide the I-20 and must be paid the full unsubsidized for the school year. Doesn't matter if she's living with a reltive.

9 FAM 41.61 N11.2 Secondary School

(CT:VISA-1064; 10-09-2008)

a. INA 214(m) restricts, but does not prohibit, the issuance of F-1 visas to students seeking to attend public high schools. Secondary school is deemed to UNCLASSIFIED (U) U.S. Department of State Foreign Affairs Manual Volume 9 Visas 9 FAM 41.61 Notes Page 21 of 37 UNCLASSIFIED (U)

be grades 9-12. As of November 30, 1996, two new additional criteria were imposed on intending F-1 students at public high schools:

(1) They cannot attend such school for more than 12 months; and

(2) They must repay the school system for the full, unsubsidized, per capita cost of providing the education to him or her.

b. You cannot issue an F-1 visa if the length of study indicated on the Form I-20 exceeds the 12-month cumulative period permitted under INA 214(m). F-1 visas issued to attend public secondary schools should be limited to 12 months.

9 FAM 41.61 N11.2-1 Reimbursement

(CT:VISA-1064; 10-09-2008)

a. A public school system issuing a Form I-20 for attendance at a secondary school must indicate on the Form I-20 that such payment has been made and the amount of such payment. School districts may not waive or otherwise ignore this requirement. If the Form I-20 does not include the requisite information, the student must have a notarized statement stating the payment has been made and the amount from the designated school official (DSO) who signed the Form I-20. If not, the visa must be refused, under INA 221(g), until the applicant provides the necessary documentation.

b. Although the per capita costs vary from one school district to another (and sometimes from one school to another within the same district), the averages across the country have ranged from about $3,400 to more than $10,000. They run somewhat less than that in Puerto Rico and U.S. territories. These figures are guidelines only, and should not be taken as absolutes. If, however, a Form I-20 indicates a repaid cost radically different (for example, something less than $2,000), you should make further inquiries of the school district before determining whether or not this is acceptable. If a request for additional information does not resolve the matter, consular officers may refer the matter to the Department (CA/VO/F/P and CA/VO/L/A).

9 FAM 41.61 N11.2-2 Aliens Under Legal Guardianship of American Citizen Relatives

(CT:VISA-1064; 10-09-2008)

Schools sometimes advise relatives to declare themselves as the alien's legal guardian. The school then admits the foreign student as a resident, wrongfully assuming that this would exempt the alien from the INA 214(m) requirements. The student's status as a resident of the school district is irrelevant. Likewise, the fact that the student's U.S. sponsor has paid local property/school taxes does not fulfill the reimbursement requirement of INA 214(m).