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Xsoldier2000

Need direction, don't know where to start. Student Visa?

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Hello all, I've read through a bunch of forums and topics and don't know where to start. I would like to explain my situation and see if anyone experienced could direct me to the forum that I need to be in?

My Wife (came from Mexico, has her green card but not a citizen yet Visa Journey helped me out greatly during that process) has a nephew that is staying with us in the US for reasons outside of this topic. He came with a tourist visa but he needs to go to high school and finish his education. Right now they are on summer break, so we are thinking to apply for his student visa now. My wife's brother and spouse have allowed us legal guardianship (we have the proper documentation)

Here is the deal, the town I'm in doesn't allow foreign exchanges, so we obtained legal guardianship of him. Registered him for school as a junior in December last year and he completed the ESL program in public highschool. The problem being, he has to leave every 6 months due to the tourist visa. We are afraid that one time they will deny re-entry. We want to do things the right way, are we? Should we apply for Student Visa now while legally he is not in school?

I've read this: http://www.visajourney.com/content/student-visa-guide#2 and it seems like it's the way to go....but am not fully sure. Can anyone point me in the right direction?


To know me, you have to read "Our Story" which started in Monterrey Mexico 5 years ago...

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Public institutes do not offer F-1 visas, have you applied for your nephew to attend a private school?

Good luck


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You are right a visitors visa is to visit the US not to live here and attend school. Because of what you are doing it will have a very negative affect on any other visa. You have gotten guardianship which displays a clear immigrant intent , something that has to be disproved for him to get a student visa. He is too old to adopt for immigration purposes and guardianship does not grant any right to stay in the US. I would expect him to be denied reentry before too long with his visa being cancelled.


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On what basis is he attending public school?

Are you paying, from memory you are allowed up to one year at a public school but with an I20 and of course paying.


“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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Public schools cannot reject a student based on immigration status. That doesn't mean it is right for your nephew to attend.

A tourist visa is for visiting and if it is discovered he is attending school on a tourist visa it will be cancelled and he will not be permitted to return to the US without a new visa, which he probably will not get.

A student visa is required and for this he must attend a private school.

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OK, wow. Thank you guys. I (we) didn't know the ramifications of doing this. We can't have any thing disparaging on our record as my wife still needs citizenship. I think we will visit an immigration lawyer to see what options he (nephew) has, but acknowledge we can not go on as we have been.

Thank you....all.


To know me, you have to read "Our Story" which started in Monterrey Mexico 5 years ago...

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Public institutes do not offer F-1 visas, have you applied for your nephew to attend a private school?

Good luck

this has nothing to do with private or public high school.

No, So my understanding is, student visa would be only for College or Private schooling?

an F1 or M1, both student visas, are visas that are issued for degree-seeking purposes (i.e. college or vocational/trade). thus, a high school student would not be issued an F1 student visa.

also, a minor or any dependents would be under an F2 IF their legal guardian is an F1 visa holder.

Edited by fullglass12

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this has nothing to do with private or public high school.

an F1 or M1, both student visas, are visas that are issued for degree-seeking purposes (i.e. college or vocational/trade). thus, a high school student would not be issued an F1 student visa.

also, a minor or any dependents would be under an F2 IF their legal guardian is an F1 visa holder.

Err nope


“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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Everything you said was wrong.


“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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enlighten me. what is the correct info?

What you posted is wrong. Here is some enlightenment; my nephew from Vietnam attended private high school for 4 years on an F1 visa. From researching the rules, an F1 student is limited to 1 year of high school, so that is why he went to private school.

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~~One post removed for inappropriate language and returned to view without it.~~

okay my fault. i stand corrected. thanks for explaining.

Edited by Ontarkie

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