Hi guys,

My bestfriend who have a 10 years GC is trying to put her son from previous marriage to school here. The thing is her son is a British citizen and her son is now here on a tourist visa. After they went to the school, they convinced her that her son doesn't need any other visa, which to me sounds a little bit weird. So my questions are:

Could she become a sponsor for her son to get a GC? She's divorced now. If not doesn't her son requires somekind of a student visa from England?

Thank you all, we really appreciate your help on this matter. My friend just wanted to make sure to do everything legally.

Cheers,
Maureen

You do not need to have legal status to go to school in the US, school in the conventional definition. Millions do it every day, every school day that is.


But you can not enter the US to go to school on a VWP, he will need to leave within 90 days.

F1 may be an option, how old is he?

Is there a US Spouse in the picture?

Thank you for the reply. I'll tell my friend about it. The son now holds a tourist visa from Britain (he's british citizen) and he's 13 years old. There's no US Spouse in the picture but thanks again for your info.

Cheers,
Maureen

There would be issues with getting the other parents approval, she can file for him but that would take a few years.

Not sure what the answer is, apart from the F1.

Perhaps somebody else can contribute.

Presumably he is here on the VWP for 90 days, pretty difficult to get a B if you are 13.

Actually the other parent had approved and agreed that their son be with my friend. Thank you anyway for your respond. I think she's going to call the USCIS for additional informations.

would it not be a case of filing 1-130...but he would have to return home while it was being filed? surely not a couple of years wait tho'....

I wouldn't let him become 'out of status' tho on VWP for sure....

calling USCIS is a good idea...

Calling USCIS is a very bad idea.

I do not know the answer for sure, I presume you have either the F1 option, which would be tricky as it requires non immigrant intent, or filing for a child of a LPR, Category 2A, say 5 years.

But if she is serious about this then an initial consultation with an immigrant lawyer would be a good idea.

You could also try posting here: http://britishexpats.com/forum/forumdisplay.php?f=31

I would be interested in the answer.

A 13 yr old can apply for a an F1???

The visa - yes http://travel.state.gov/visa/temp/types/types_1268.html

Motor racing license, - no.

Thank you Boiler & Welshcookie. An immigration lawyer sounds better and thank you Boiler for the British Expat link.