New wrinkle with child's immigration

[CdnMN 0]

I posted here a couple of weeks ago regarding getting my son to the US. He lives near Toronto with my EX. Well, the plot has thickened a bit.

I was going to go the route of I130 for permanent status. My son is 12 so there is no student visa - unless I plan to pay either for private school or pay the annual per student cost to the public school district.

Well, my ex has agreed he can come here - but only for a six month trial period to see if this is what he really wants to do. To be honest, it does make a certain amount of sense.

My concern with this is "How to enroll him in school"? There really isn't any provision in immigration law for this type of situation as far as I can see.

Anybody have any thoughts on how to accomplish this? How do illegal children manage to enroll in school?

I'll figure out what to do at the end of six months if he does decide he wants to stay here. One problem at a time

Thanks

Ka

[Sprailenes 47]

Well illegal children enroll in school all of the time, they really can't deny your child an education.

Why not have him stay for a summer instead of during the school year? It just seems like a whole lot of confusion if you ask me, to take him from his school, and put him in a new school, in a new country just to 'try it out'.

I dunno... that's just my two cents though.

[CdnMN 0]

Well illegal children enroll in school all of the time, they really can't deny your child an education.

Why not have him stay for a summer instead of during the school year? It just seems like a whole lot of confusion if you ask me, to take him from his school, and put him in a new school, in a new country just to 'try it out'.

I dunno... that's just my two cents though.

He has been here for 4 weeks in the summer. Living here during the summer and living here while in school are 2 different things. I tend to be more strick than my ex. My son is going to find out that he can't get away with the stuff he gets away with at home now.

Also, for his benefit, he needs to see what school is like here compared to Ontario.

[Sprailenes 47]

Well you will have no troubles enrolling him into a school.

[Udella&Wiz 325]

I understand your situation, but I think you can't treat it like a 'trial situation'....immigration doesn't approve 'trial situations'. Either he's immigrating or he isn't, so treat it like he is. You may have to go through all that expense and after 6 months, he'll either waste your money or not.....but I think you'll have to do it with the intention that he is moving permanently.

You will not be able to enroll him in school without showing the properly residency documents. When I enrolled my daughter here, they asked for identification and to see her I-94 I think, as well as my marriage license...they seemed pretty savvy about the whole immiogration thing and what documentation they required. As a first step, you could certainly inquire at your local school what documentation you'll need to enroll him.

Also - if he just came for a 6 month visit, what will you say to the border guards? You'll have a note from the ex who knows he's going, but they may question what he'll be doing while there? If you say enrolling him in school - they'll likely assume you're trying to sneck him in illegally...

Sorry to be harsh not trying to be......but I think that he's 12...either he's coming or he isn't and that's up to you and your ex to decide for him...after going through what I have with my teenager(she's now almost 18), I can almost guarantee that 6 months isn't long enough for him to establish whether he likes it or not.....and if you give him the out, he'll head back home.

[Sprailenes 47]

You can enroll him/her without documentation, unfortunately. The school can ask for that stuff, but if you don't give it to them they can not deny your child the right to an education.

When I first enrolled my son here in school, I had no yet activated my VISA, and I didn't have anything yet. When I went to the school, yes they asked for his SSN, papers, green card and I told them that I didn't have any of it, and the secretary looked at me and said: "That's okay technically we are not allowed to do anything about it anyways"

So there you have it, two very different experiences... and may I add, two very different states and school districts. It could very well depend on where you are from.

[lynamon 0]

Did you not list him on your application for a K2?

[thetreble 19]

I don't have kids, but if my parents had moved me from one country to another just for 6 months I think I'd be pissed. It doesn't matter whether he likes it or not, he's either coming with you or he isn't. He's not 18, he doesn't exactly have the right to say no.

[CdnMN 0]

I don't have kids, but if my parents had moved me from one country to another just for 6 months I think I'd be pissed. It doesn't matter whether he likes it or not, he's either coming with you or he isn't. He's not 18, he doesn't exactly have the right to say no.

Without placing him in the middle of a custody battle, My ex is only willing to do this on a trial basis.

And yes, it does matter what he wants. He has asked to move here but it will be a major change for him. His visits during the summer are all fun and games, what vacations are supposed to be.

If he comes here and can't adjust, then it is in HIS BEST INTEREST not to force him to stay. Having him come here is what I have always wanted, but it isn't about what I want. Before giving me parenting advice, perhaps you should be familiar with the issues.

I came here for immigration advice, not parenting advice. We have already run this by his pastor and school counselors (with him involved) and alll feel this is the best approach.

I would love to be able to simply have him move here permanently, which I am hoping is the eventual outcome.

Ka

[Sprailenes 47]

Which is why I kept my mouth shut.

YAY FOR ME! I DID IT FOR ONCE!!

Edited October 20, 2009 by Sprailenes

[Udella&Wiz 325]

You can enroll him/her without documentation, unfortunately. The school can ask for that stuff, but if you don't give it to them they can not deny your child the right to an education.

When I first enrolled my son here in school, I had no yet activated my VISA, and I didn't have anything yet. When I went to the school, yes they asked for his SSN, papers, green card and I told them that I didn't have any of it, and the secretary looked at me and said: "That's okay technically we are not allowed to do anything about it anyways"

So there you have it, two very different experiences... and may I add, two very different states and school districts. It could very well depend on where you are from.

Going to have to disagree - we had to show her passport to establish citizensihp ( or a birth cert) we had to prove that she resided in their county, had to provide immunizations even,.....I guess it's up to the secretary that day. I would say be prepared...if they know he's visiting, why should they enroll him for just 6 months?

Just saying

[Sprailenes 47]

You can disagree all you want, I am speaking from MY experience in the school district I had my son in.

Also there are a ton of illegal immigrants going to school without green cards, without SSN's etc.

Edited October 20, 2009 by Sprailenes

[thetreble 19]

I don't have kids, but if my parents had moved me from one country to another just for 6 months I think I'd be pissed. It doesn't matter whether he likes it or not, he's either coming with you or he isn't. He's not 18, he doesn't exactly have the right to say no.

Without placing him in the middle of a custody battle, My ex is only willing to do this on a trial basis.

And yes, it does matter what he wants. He has asked to move here but it will be a major change for him. His visits during the summer are all fun and games, what vacations are supposed to be.

If he comes here and can't adjust, then it is in HIS BEST INTEREST not to force him to stay. Having him come here is what I have always wanted, but it isn't about what I want. Before giving me parenting advice, perhaps you should be familiar with the issues.

I came here for immigration advice, not parenting advice. We have already run this by his pastor and school counselors (with him involved) and alll feel this is the best approach.

I would love to be able to simply have him move here permanently, which I am hoping is the eventual outcome.

Ka

I apologize, but I wasn't trying to give you parenting advice. That really wasn't my intention.

I was just saying that if I put myself in his position, it kind of feels like I'd be passed back and forth between countries and parents. I'm not judging you, I'm just saying that 6 months isn't really enough time to get comfortable somewhere so I'm not really sure how that all will work. That is part of immigration advice. Moving to another country takes a long time to adjust...

Oh and just for shits and giggles, at 12 years old I did what my parents told me to do, regardless of what I wanted. I think most people would say that.

But I digress.

Good luck.

Edited October 20, 2009 by thetreble

[Sprailenes 47]

Would also like to add that my MIL is a teacher in a different district and they've said the same thing, so perhaps it's a NJ thing, not a "secretary of the day thing".

[thetreble 19]

Oh there are a ton of illegals in NJ going to school....my husband says they can't refuse them,.