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LuvHaleiwa

Step-daughter here, doesn't want to go home.

By LuvHaleiwa in Adjustment of Status from Work, Student, & Tourist Visas

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Boiler Grand Master

Boiler   45,956

Posted
Filed: K-1 Visa Country: Wales
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They start back here in a couple of weeks, my guess is the medical requirements will be the issue.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler
Boiler

While definitely possible, USCIS some people on VJ frown upon doing AOS while on a tourist visa or VWP, they usually consider it fraud.

Harpa Timsah
Harpa Timsah

Fascinating, yet, totally irrelevant, since the child would be in a period of authorized stay the whole time. I think your cons are a little made up.

Nich-Nick
Nich-Nick

Boiler I am just treading lightly so Ryan H doesn't kick me off Visa Journey again because he thinks I am advocating one thing or another. Thus I am skirting her issue and giving a politically correct

LuvHaleiwa Rookie

LuvHaleiwa   1

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Filed: Country: United Kingdom
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School here starts on Thursday. I just called the board of education for our county and they said she can start with only her birth certificate and immunization records.

We have her birth certificate, but not her immunization records. We can contact the physician there to see if they can fax it, but I'm sure she will need some additional ones as well. Still may be doable :)

Boiler Grand Master

Boiler   45,956

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Filed: K-1 Visa Country: Wales
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Posted

It will undoubtedly be a shock switching systems.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   45,956

Posted
Filed: K-1 Visa Country: Wales
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Posted

Hopefully the Mother is OK or that does bring a whole load of issues in.

The step sister makes this a lot more clear.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

2ndMessiah Rising Star

2ndMessiah   184

Posted
Filed: Citizen (apr) Country: United Kingdom
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Posted (edited)

I was thinking more along the lines of legal presence when it comes to schools.

Birth certificates are ok of Us citizens but when it comes to foreign nationals they might have other requirements.

You might be able to home school her. That may be a way to comply with the law.

Edited by 2ndMessiah

Thank you, goodnight and may your gods go with you",

Dave Allen.

Boiler Grand Master

Boiler   45,956

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

I was thinking more along the lines of legal presence when it comes to schools.

Birth certificates are ok of Us citizens but when it comes to foreign nationals they might have other requirements.

Why? Sounds a bit racist.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   45,956

Posted
Filed: K-1 Visa Country: Wales
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Posted

You mean resident in the School District?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Nich-Nick Grand Master

Nich-Nick   3,354

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

Immigration status is not checked for a child to attend public school (K-12). All children are educated, even if they entered illegally. They are not required to have a social security number, even though most schools ask. A parent can decline to provide one.

I recall denying education was cited by the US Supreme Court as violation of the 14th Amendment and equal protection from discrimination. I was teaching in Texas at the time and think it originated as a TX case is why I vaguely remember it.

Edited by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Tino Explorer

Tino   20

Posted
Filed: Other Country: Greece
 Timeline
Posted

I was thinking more along the lines of legal presence when it comes to schools.

Birth certificates are ok of Us citizens but when it comes to foreign nationals they might have other requirements.

You might be able to home school her. That may be a way to comply with the law.

Not true at all.

My son came last year . He did not have a Green card he was on a tourist visa at the time. The school only asked for his Birth certificate (of course translated ) .

Daughters case USCIS Wife's case

Form I-130 Form I-130

Date I-130 Sent :01/22/2014..........................................01/22/2014
Date I-130 NOA1 :01/24/2014.........................................01/25/2014
Date I-130 NOA2 :05/08/2014.............Expedite...............06/25/2014

NVC

Daughter's case Wife's case

Date Package Received.............05/21/2014..............07/14/2014
Case # Assigned.........................06/12/2014..............07/29/2014
DS-261/AOS Bill invoiced...........06/25/2014..............07/30/2014
Pay Aos Bil....................................06/26/2014..............08/01/2014
DS-261 completed.......................06/26/2014............ 08/03/2014
Aos Sent.........................................07/03/2014..............08/11/2014
Aos Scanned.................................07/11/2014..............08/14/2014
IV Bill Invoiced...............................08/08/2014..............08/08/2014
IV Bill Paid.......................................08/09/2014..............08/09/2014
DS 260 Completed........................08/15/2014..............08/15/2014
IV Sent.............................................08/18/2014..............08/18/2014

IV Scanned.....................................08/21/2014..............08/21/2014

AOS Approved...............................08/26/2014..............?????????

CASE COMPLETE....................????????................????????


aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

Holy BS Batman.

There is absolutely no problem for the US citizen stepparent to file to adjust the child.

Garbage that she has to return home and wait for a visa because she is "circumventing" the system by adjusting. Pure BS. She can adjust. Lots of people do it. The rule from a case is that the preconceived intent to immigrate is not a valid reason to reject an AOS of an Immediate Relative of a USC as long as the beneficiary did not lie at the POE.

Pure garbage that she could be arrested for adjusting.

Also, immigration status is irrelevant for schools. US federal laws does not allow public grade schools from asking about immigration status. This is why even illegal alien children can go to school.

To the OP; you are fine adjusting your stepdaughter. Do not listen to the BS from people who thinks that you are "gaming the system" while their love ones has to wait. Some of them would rather you suffer the wait that they have to suffer.

aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

Nothing to do with race. Its all to do with legal presence.

UH?????

How is legal presence an issue when the child is adjusting from the VWP? Where is the unlawful presence? Especially for a minor?

Learn the laws.

The child is legal while adjusting from the VWP.

US federal laws prevents public grade schools from asking about legal status (which is not the same as legal presence).

SHOW US ANYWHERE WHERE A CHILD HAS BEEN REFUSED THE RIGHT TO A PUBLIC GRADE EDUCATION BASED ON LEGAL STATUS.

I will show you where your answer is WRONG;

Hi SCOTUS; http://www.law.cornell.edu/supremecourt/text/457/202

http://www.k12.wa.us/migrantbilingual/immigrantrights.aspx

http://www.immigrationpolicy.org/just-facts/public-education-immigrant-students-states-challenge-supreme-court%E2%80%99s-decision-plyler-v-do

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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