Jump to content
Gringuitico

school for child on tourist visa (while waiting for IR1/CR1)

 Share

32 posts in this topic

Recommended Posts

hi there,

 

As I understand US rules, I know that all children (K-12), regardless of immigration status are not just allowed, but OBLIGATED to go to school.  And, I know that somebody with a US visa (say, from Costa Rica) will (typically) be granted a 6 month stay upon arrival.  I also know that one is allowed to visit (as a tourist) while awaiting an IR1/CR1 visa (provided one has a valid tourist visa).

 

And yet... I have read that putting a kid in public school while on a tourist visa could be a violation of the terms of the visa.

 

So... what do we do?  Am I wrong about one of these points?  What about a private school?  If the reason for not going to public school would be not using govt resources, would attending a private school avoid this conflict? 

 

My thought is... have my (soon to be) wife and her daughter visit me for 6 months in the middle of our wait for the IR1/CR1 visa (I have not yet started the application, so this is all hypothetical).  I know that she COULD be granted 2 weeks or even rejected on arrival.  If that happens, we'll go to plan B.  But, if I assume she's given the typical 6 months... I need to know my options.  This actually might make the deciding factor for whether we go for spousal or fiance visa.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Argentina
Timeline

 

what you are saying is for children living in the US, not for children on a tourist visa, your children would be visiting, nothing else

 

the law no children left behind is for children living in the country, whether they entered illegally because their parents brought them or have a GC

 

so no matter  what their status is, undocumented or legal, they must go to school up to high school

 

this is not for children visiting on a tourist visa

 

 

Link to comment
Share on other sites

That makes sense, but I'm still wondering about options.

 

If I take it as a given that public school is not an option...does anybody see any problem with private school?

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Canada
Timeline

The kids would then need a student visa. 

 

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Link to comment
Share on other sites

Filed: K-1 Visa Country: Netherlands
Timeline
1 hour ago, Gringuitico said:

hi there,

 

As I understand US rules, I know that all children (K-12), regardless of immigration status are not just allowed, but OBLIGATED to go to school.  And, I know that somebody with a US visa (say, from Costa Rica) will (typically) be granted a 6 month stay upon arrival.  I also know that one is allowed to visit (as a tourist) while awaiting an IR1/CR1 visa (provided one has a valid tourist visa).

 

And yet... I have read that putting a kid in public school while on a tourist visa could be a violation of the terms of the visa.

 

So... what do we do?  Am I wrong about one of these points?  What about a private school?  If the reason for not going to public school would be not using govt resources, would attending a private school avoid this conflict? 

 

My thought is... have my (soon to be) wife and her daughter visit me for 6 months in the middle of our wait for the IR1/CR1 visa (I have not yet started the application, so this is all hypothetical).  I know that she COULD be granted 2 weeks or even rejected on arrival.  If that happens, we'll go to plan B.  But, if I assume she's given the typical 6 months... I need to know my options.  This actually might make the deciding factor for whether we go for spousal or fiance visa.

They presume that you dont take a child out of school to go on vacation, and that they go to school in tehre own country. the visitors visa is for hollidays why not have them visit in the summer during scool vacation?

Link to comment
Share on other sites

Visitor visas are not for going to school. You are correct that it is violation of terms.

 

Would need a student visa. Or, as mention, have the child come when school is out for the summer.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Link to comment
Share on other sites

The problem is that a CR1 visa takes around 1 year to process, and I'm trying to think of ways to not be separated from my family for the better part of a year. I know I'm not unique in this, but the system, as designed, is cruel. So...I'm just trying to make the best of a messed up situation

 

While vacation is definitely an option...it's only a small window here, and I'm trying to figure out the best (legal) way to minimize the separation as much as possible.

Link to comment
Share on other sites

You and millions of others, including us here on VJ, are experiencing the same thing. The angst of being separated from loved ones during the process.

 

We've all been through it and have come out fine.

 

Don't break the law.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Link to comment
Share on other sites

You cannot enroll in school using a tourist visa, and it would be a violation of a tourist visa to enter the US with intent to do so.

 

The mandatory school attendance is for US residents. You are not a resident if you are visiting on a tourist visa.

 

3 minutes ago, Gringuitico said:

The problem is that a CR1 visa takes around 1 year to process, and I'm trying to think of ways to not be separated from my family for the better part of a year. I know I'm not unique in this, but the system, as designed, is cruel. So...I'm just trying to make the best of a messed up situation

I think we all understand how hard it is to be apart from our loved ones. Many of us have had to do so. I can only see my fiance once or twice a year for weeks at a time, and that's still better than many others here. You're fortunate in that you have the potential opportunity to only be apart for months.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Link to comment
Share on other sites

Just to be clear, I have no intention of breaking the rules... I'm just trying to see where the rules have some flex.

Link to comment
Share on other sites

Just now, Gringuitico said:

Just to be clear, I have no intention of breaking the rules... I'm just trying to see where the rules have some flex.

That's a dangerous strategy when it comes to immigration.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Canada
Timeline

~~Moved to General Immigration, from CR1/IR1 P&P - As the OP is not asking about the spousal visa process.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Denmark
Timeline

The additional issue is that your school district will not want to cover the cost to educate a child who is not actually resident in that district and could recoup the cost from you at whatever their per child spending is for the year (could be 10k for example).  

 

If your wife is going to be with the child, I don't see why she can't just homeschool him or her.

3/2/18  E-filed N-400 under 5 year rule

3/26/18 Biometrics

7/2019-12/2019 (Yes, 16- 21 months) Estimated time to interview MSP office.

 

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

Go to school in Costa Rica, visit in School Holidays, problem solved.

 

F1 visa is for Students.

“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.”

Link to comment
Share on other sites

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

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...