LPR CHILD UNDER 21 (15 years old)..F2A..Priority date 7/2018

[geowrian 22,338]

23 minutes ago, dieang said:

So that means that there is a visa for her already?

Visa number*

The visa would only come into play after interviewing, being approved, and the visa actually being issued.

[newbieimm 0]

45 minutes ago, SusieQQQ said:

Did I miss an answer to the question about public school?

there is a  chance, I don’t know if it’s big or small, that your family will be asked to repay the full unsubsidized cost of the school she attended in violation of her B status. 
obviously if she was at private school that’s fine.

she went private in middle now that she is in high school half of the year she is been going to to public. I found weird that they may ask for repayment, my in-laws both pay taxes shouldn't that be cover there? Do you have some article that I can read about that?

[newbieimm 0]

38 minutes ago, geowrian said:

Visa number*

The visa would only come into play after interviewing, being approved, and the visa actually being issued.

So you are saying that after the interview and being approved, we may need to wait for a number to be available?

[geowrian 22,338]

1 minute ago, dieang said:

So you are saying that after the interview and being approved, we may need to wait for a number to be available?

No.

1) A visa number is available already.

2) They won't schedule an interview before one is available.

[newbieimm 0]

1 minute ago, geowrian said:

No.

1) A visa number is available already.

2) They won't schedule an interview before one is available.

Understood thank you!

[SalishSea 18,198]

1 hour ago, dieang said:

I am wonder if we can do everything and travel back with her and then come back in ~2/3 months do you think that is possible?

2-3 months?  That is not a realistic timeframe to receive a visa.

[newbieimm 0]

3 minutes ago, Jorgedig said:

2-3 months?  That is not a realistic timeframe to receive a visa.

We already have NVC asking for the fees and the paperwork to schedule the visa. If we just travel 2-3 weeks prior wouldn't be that sufficient why do you think that is not realistic?

[SusieQQQ 11,587]

28 minutes ago, dieang said:

she went private in middle now that she is in high school half of the year she is been going to to public. I found weird that they may ask for repayment, my in-laws both pay taxes shouldn't that be cover there? Do you have some article that I can read about that?

Well of course firstly she violated her B status by attending school on a B visa. 
if she had been legal at school she would have been on an F visa, and these are the guidelines, official website of the Department of State.  (There is no way being illegal makes them less lenient than being legal by the way, despite your apparent total unconcern about the fact that she was out of status for so long) Taxes only count if she was a legally present derivative/dependent of the taxpayer or other resident (like H visa), which she wasn’t.

 

https://travel.state.gov/content/travel/en/us-visas/study/student-visa/foreign-students-in-public-schools.html

extracts :

 

F-1 secondary school students are required to pay the school the full cost of education by repaying the school system for the full, unsubsidized, per capita cost of providing the education to him or her.

 

Foreign students who want to attend public secondary school (high school) must pay the full cost of education. ...The full, unsubsidized per capita (for each student) cost of education is the cost of providing education to each student in the school district where the public school is located. Costs normally range between $3,000 and $10,000. The student secondary school cost reimbursement requirement is mandatory and school systems cannot waive the reimbursement requirement.

 

Foreign students may come to the United States to live with U.S. citizen relatives while attending public school. .... It should be noted however, that the student's status as a resident of the school district and the fact that the U.S. citizen has paid local property/school taxes is irrelevant and does not fulfill the cost reimbursement requirement of Section 214(m) of the Immigration and Nationality Act (INA). Therefore, the full tuition costs must be paid to the school or school distric

 

 

 

 

 

 

 

Edited January 2, 2020 by SusieQQQ

[newbieimm 0]

2 minutes ago, SusieQQQ said:

Well of course firstly she violated her B status by attending school on a B visa. 
if she had been legal at school she would have been on an F visa, and these are the guidelines, official website of the Department of State.  (There is no way being illegal makes them less lenient than being legal by the way, despite your apparent total unconcern about the fact that she was out of status for so long)

 

https://travel.state.gov/content/travel/en/us-visas/study/student-visa/foreign-students-in-public-schools.html

extracts :

 

F-1 secondary school students are required to pay the school the full cost of education by repaying the school system for the full, unsubsidized, per capita cost of providing the education to him or her.

 

Foreign students who want to attend public secondary school (high school) must pay the full cost of education. This amount is listed under "tuition" on the student's Form I-20. If the Form I-20 does not include the cost of tuition, the student must have a notarized statement, signed by the designated school official (DSO) who signed the Form I-20, stating the full cost of tuition and that the student paid the tuition in full. The full, unsubsidized per capita (for each student) cost of education is the cost of providing education to each student in the school district where the public school is located. Costs normally range between $3,000 and $10,000. The student secondary school cost reimbursement requirement is mandatory and school systems cannot waive the reimbursement requirement.

 

Foreign students may come to the United States to live with U.S. citizen relatives while attending public school. .... It should be noted however, that the student's status as a resident of the school district and the fact that the U.S. citizen has paid local property/school taxes is irrelevant and does not fulfill the cost reimbursement requirement of Section 214(m) of the Immigration and Nationality Act (INA). Therefore, the full tuition costs must be paid to the school or school distric

 

 

 

 

 

 

 

I am not unconcern is just that is a hole in the system, my in laws are LPR what they should do just leave a 12 year old by herself back home, or just lose the LPR... I do understand she was out of the status, but we just didn't have many choices. 

[SalishSea 18,198]

2 minutes ago, dieang said:

I am not unconcern is just that is a hole in the system, my in laws are LPR what they should do just leave a 12 year old by herself back home, or just lose the LPR... I do understand she was out of the status, but we just didn't have many choices. 

But don't you see?  Overstaying and illegal immigration ruins things for others who are trying to do things the right legal way.  

[geowrian 22,338]

3 minutes ago, dieang said:

I am not unconcern is just that is a hole in the system, my in laws are LPR what they should do just leave a 12 year old by herself back home, or just lose the LPR... I do understand she was out of the status, but we just didn't have many choices. 

On what basis did they gain LPR status? Normally a child would be included in that process...

[newbieimm 0]

1 minute ago, Jorgedig said:

But don't you see?  Overstaying and illegal immigration ruins things for others who are trying to do things the right legal way.  

It is really easy to judge when you are not in the other person shoes, how do you know we didn't try the legal way? Stuff happens that unfortunately we don't control.

[newbieimm 0]

1 minute ago, geowrian said:

On what basis did they gain LPR status? Normally a child would be included in that process...

Exactly! My wife US Citizen petition them with her sister (they needed help and that was our way to help them bring them over to live with us), after the process started we found out that my sister in law won't be able to be in the same process. We though since she was only 11 and they live/depend or my in laws it will be logical or her to qualify, but that wasn't the case.

[SusieQQQ 11,587]

18 minutes ago, dieang said:

I am not unconcern is just that is a hole in the system, my in laws are LPR what they should do just leave a 12 year old by herself back home, or just lose the LPR... I do understand she was out of the status, but we just didn't have many choices. 

Many immigrants face the same “hole”. Your in-laws had legal options. There were legal choices. Please don’t try justify breaking the law.  You are incredibly lucky that she is a minor or she would have a ten year ban from the US, and it would all be the fault of your in-laws making bad choices. 

[SusieQQQ 11,587]

12 minutes ago, dieang said:

Exactly! My wife US Citizen petition them with her sister (they needed help and that was our way to help them bring them over to live with us), after the process started we found out that my sister in law won't be able to be in the same process. We though since she was only 11 and they live/depend or my in laws it will be logical or her to qualify, but that wasn't the case.

Were both her parents petitioned?