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New wrinkle with child's immigration

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Filed: IR-1/CR-1 Visa Country: Canada
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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


LPR since 2003 and will be applying for Naturalization soon. Currently working on I-130 for my son.

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Filed: Citizen (apr) Country: Canada
Timeline

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.


Donne moi une poptart!

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
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.


LPR since 2003 and will be applying for Naturalization soon. Currently working on I-130 for my son.

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Filed: Citizen (apr) Country: Canada
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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.


Wiz(USC) and Udella(Cdn & USC!)

Naturalization

02/22/11 - Filed

02/28/11 - NOA

03/28/11 - FP

06/17/11 - status change - scheduled for interview

06/20?/11 - received physical interview letter

07/13/11 - Interview in Fairfax,VA - easiest 10 minutes of my life

07/19/11 - Oath ceremony in Fairfax, VA

******************

Removal of Conditions

12/1/09 - received at VSC

12/2/09 - NOA's for self and daughter

01/12/10 - Biometrics completed

03/15/10 - 10 Green Card Received - self and daughter

******************

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Filed: Citizen (apr) Country: Canada
Timeline

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. :)


Donne moi une poptart!

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Filed: K-1 Visa Country: Canada
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Did you not list him on your application for a K2?


Met in Cleveland 07/07/05 ... Fireworks!!!

Emails and phone calls until first visit back September '05

Many trips to Cleveland and overnight stays in New York

Engaged 05/07/06

07/18/07 - Interview yeeehaaa .. approved

07/26/07 - received Visa from Montreal (should have received 07/24)

07/26/07 - POE Buffalo, NY (Peace Bridge) .. No EAD stamp

07/27/07 - Beautiful marriage .. now you may call me Mrs. :)

07/28/07 - Filed AOS,EAD, and AP for me and AOS and AP for my son via UPS .. received 08/01

08/16/07 - applied for ssn

09/03/07 - received ssn card

11/07/07 - AP approved and received 11/12/07 :)

11/19/07- EAD approved online and received same day (actual approval 11/07/07) :)

12/27/07 - AOS transferred to CSC

02/26/08 - 485's approved without interview

01/14/09 - Sent I-751 - removal of conditions

02/23/10 - Biometrics

03/17/10 - Removal of conditions approved .. card production ordered

"Life is not measured by the amount of breaths that we take, but by the moments that take our breath away."

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Filed: Citizen (apr) Country: Canada
Timeline

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.


"...My hair's mostly wind,

My eyes filled with grit

My skin's white then brown

My lips chapped and split

I've lain on the prairie and heard grasses sigh

I've stared at the vast open bowl of the sky

I've seen all the castles and faces in clouds

My home is the prairie and for that I am proud…

If You're not from the Prairie, you can't know my soul

You don't know our blizzards; you've not fought our cold

You can't know my mind, nor ever my heart

Unless deep within you there's somehow a part…

A part of these things that I've said that I know,

The wind, sky and earth, the storms and the snow.

Best say that you have - and then we'll be one,

For we will have shared that same blazing sun." - David Bouchard

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
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


LPR since 2003 and will be applying for Naturalization soon. Currently working on I-130 for my son.

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Filed: Citizen (apr) Country: Canada
Timeline
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


Wiz(USC) and Udella(Cdn & USC!)

Naturalization

02/22/11 - Filed

02/28/11 - NOA

03/28/11 - FP

06/17/11 - status change - scheduled for interview

06/20?/11 - received physical interview letter

07/13/11 - Interview in Fairfax,VA - easiest 10 minutes of my life

07/19/11 - Oath ceremony in Fairfax, VA

******************

Removal of Conditions

12/1/09 - received at VSC

12/2/09 - NOA's for self and daughter

01/12/10 - Biometrics completed

03/15/10 - 10 Green Card Received - self and daughter

******************

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Filed: Citizen (apr) Country: Canada
Timeline

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 by Sprailenes

Donne moi une poptart!

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Filed: Citizen (apr) Country: Canada
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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 by thetreble

"...My hair's mostly wind,

My eyes filled with grit

My skin's white then brown

My lips chapped and split

I've lain on the prairie and heard grasses sigh

I've stared at the vast open bowl of the sky

I've seen all the castles and faces in clouds

My home is the prairie and for that I am proud…

If You're not from the Prairie, you can't know my soul

You don't know our blizzards; you've not fought our cold

You can't know my mind, nor ever my heart

Unless deep within you there's somehow a part…

A part of these things that I've said that I know,

The wind, sky and earth, the storms and the snow.

Best say that you have - and then we'll be one,

For we will have shared that same blazing sun." - David Bouchard

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Filed: Citizen (apr) Country: Canada
Timeline

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".


Donne moi une poptart!

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Filed: Citizen (apr) Country: Canada
Timeline

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


"...My hair's mostly wind,

My eyes filled with grit

My skin's white then brown

My lips chapped and split

I've lain on the prairie and heard grasses sigh

I've stared at the vast open bowl of the sky

I've seen all the castles and faces in clouds

My home is the prairie and for that I am proud…

If You're not from the Prairie, you can't know my soul

You don't know our blizzards; you've not fought our cold

You can't know my mind, nor ever my heart

Unless deep within you there's somehow a part…

A part of these things that I've said that I know,

The wind, sky and earth, the storms and the snow.

Best say that you have - and then we'll be one,

For we will have shared that same blazing sun." - David Bouchard

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