attend public middle school with pending i130/i485 concurrent filing

[f f 725]

topic is pretty much it.

middle school age step child came to us on visitor visa. things happened. we applied for the child to adjust status while the child was still in the us before the i94 expired. with the i130/i485 pending is the child allowed to go to public school or do we have to wait for it to be decided upon before enrilling?

[Georgia16 2,858]

Well basically the schools can't deny a child to attend.....

Do you have the child's birth certificate?

He/she also has to do the school medical and get the vaccines for school ..

Edited August 26, 2016 by Georgia16

[Mounat 74]

topic is pretty much it.

middle school age step child came to us on visitor visa. things happened. we applied for the child to adjust status while the child was still in the us before the i94 expired. with the i130/i485 pending is the child allowed to go to public school or do we have to wait for it to be decided upon before enrilling?

Depends on the school district and the state. Texas and most districts within do not require a SSN to enroll a child, only proof of residence in the district. But by federal law, no child could be denied enrollment in K-12 due to lack of SSN, immigration status, parents' status, etc. That doesn't mean some school districts wouldn't insist on such documentation but their requests won't stand up in court.

Look up Plyler v. Doe.

[f f 725]

we have all that stuff from the i485.

I am aware that the school will not deny the child entry. my question is will uscis say the child received a benefit the child was not entitled to since the child was not a resident at that time.

[Georgia16 2,858]

we have all that stuff from the i485.

I am aware that the school will not deny the child entry. my question is will uscis say the child received a benefit the child was not entitled to since the child was not a resident at that time.

No they will not.

The child lives with you now and you just have to prove your residence. It kinda like the same with the K-2. (We just send in AOS) Mine just started school here in the beginning of August. It takes a pile of paper but other then that it went fine.

[Mounat 74]

we have all that stuff from the i485.

I am aware that the school will not deny the child entry. my question is will uscis say the child received a benefit the child was not entitled to since the child was not a resident at that time.

No.

[f f 725]

Ok thanks i was a bit worried I might go afoul of some rules they had.