Going to School During AOS From Tourist Visa

[jodari62 1]

Hello. My wife and stepdaughter recently arrived to visit a couple of months on their B2 tourist visa, as they have three other times this past year. We filed the I-130/CR1 petition a couple of months ago. After much thought and discussion, we may file for AOS while they are here.

My question: if we file to AOS from their B2, is it legal/allowable for my stepdaughter to attend public school (4th grade) next month during the AOS period? Are they still in a B2 status while the AOS is processing? Thank you!

[Boiler 46,198]

From a school perspective it only matters if she is is resident in the district.

F1 is the Visa for students.

[jodari62 1]

From a school perspective it only matters if she is is resident in the district.

F1 is the Visa for students.

Correct, that's what the school just told me.

About the F1 visa...from what I understand, this doesn't apply to underage children (she's 9).

What I'm wondering specifically is if there would be a problem with USCIS if she attends school after the AOS papers are filed and while they are being processed. From what I've read here, it is a violation for her to go to school on the tourist visa. She would be attending a few weeks after we have submitted AOS papers to the CR1 petition.

[Boiler 46,198]

I am not aware of any age limits for F1.

Practically it does not seem a problem.

[lil2be 11]

From what I understand the U.S. Educational system, kids can go to public school regardless of his/her race, nationalities, sex, religious, cultures and immigration status.

That's why you have heard so many issues in the past years that tax payers wasn't happy to pay money for illegal immigrants' children to go to district school.

College is must different. Without a legal immigration / non immigration status, they will not admit you to the school system regardless.

[aaron2020 11,651]

Hi,

Federal law allows undocumented students to attend public schools from K to 12th grade.

In fact, federal law requires all minors living in the US to attend school without reference to immigration status.

So, the law actually allows her to attend school.

An F1 visa is possible, but it would be private school. An F1 can not be issued for a 9 years old to attend public school.

Enroll the child. There will not be any problems with the AOS because she attended school as required under federal law.

Enjoy life and good luck.

http://irvingblog.dallasnews.com/2011/05/us-department-of-education-ste.html/

Edited July 8, 2014 by aaron2020

[aaron2020 11,651]

Correct, that's what the school just told me.

About the F1 visa...from what I understand, this doesn't apply to underage children (she's 9).

What I'm wondering specifically is if there would be a problem with USCIS if she attends school after the AOS papers are filed and while they are being processed. From what I've read here, it is a violation for her to go to school on the tourist visa. She would be attending a few weeks after we have submitted AOS papers to the CR1 petition.

While it is a violation for a tourist visa holder to attend school, it is also compulsory that she attends school as a resident and federal law says her immigration status is irrelevant.

Since you can't comply with both laws, pick the one that is best for her.

[NigeriaorBust 4,087]

Remember that is also against the law for a non resident to go to school using public funds so you must pay for her to attend public school. It will work out to be about 20k a school year.

[aaron2020 11,651]

Remember that is also against the law for a non resident to go to school using public funds so you must pay for her to attend public school. It will work out to be about 20k a school year.

Yeah. Not going to happen. No one is going to have to fork over $20,000 for anything.

She became a resident when she moved there. Ergo, the school district told the OP that he can enroll her as long as she was a resident.

Don't mix up residency and immigration status. One has nothing to do with the other. Even an illegal alien living in the US is a US resident.

[jodari62 1]

So does the AOS filing vacate the B2 status and put her into a temporary immigrant status while the paperwork makes its journey?

[Boiler 46,198]

They remain in B2 Status until they get another status. B2 is usually good for 6 months.

Otherwise they are in a sort of legal limbo land, under the colour of law.

[strugglinangel 0]

on another note, Can F1 holder being under the process of AOS, lessen the required load of units/sem which is 12 units to 3 or 9 units of classes?

thanks, appreciate any input on this matter.

[aaron2020 11,651]

on another note, Can F1 holder being under the process of AOS, lessen the required load of units/sem which is 12 units to 3 or 9 units of classes?

thanks, appreciate any input on this matter.

No.

F1 student visa holders are required to be full-time.

AOS authorizes you to be in the US while its being adjudicated. It does not allow you to attend school.

So, violating the terms of your F1 student visa by being less than full time means you are attending school without authorization.

Your case as a college student is very different from a minor child enrolling in school during AOS. Colleges are required to check visa status or authorization to attend. Primary schools are forbidden to ask about immigration status and attendance is mandatory for all minor residents regardless of status.

Edited July 10, 2014 by aaron2020