New wrinkle with child's immigration

[Sprailenes 47]

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

I don't know if it's a state thing, but I know the exact same thing is happening in California too.

[Udella&Wiz 325]

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.

true , true - I guess for me I wouldn't have done it illegally...I wouldn't risk my VISA and lie. I guess I was just saying be prepared, they can ask and she should be ready

[Udella&Wiz 325]

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

Don't think I gave parenting advice - you should have him come legally though, however that is...you don't want to cause trouble since you're not quite a citizen yet either, right? But like I mentioned immigration doesn't do things for a 'trial period'... like you said, he's too young for a student VISA at this point...and really if he does like it, your intent is for him to stay permanently, right? Maybe your ex needs to understand that....it has to look as if you're going for perm, even if you guys personally know there's a possibility of it being temporary if he doesn't like it

[Sprailenes 47]

Oh for sure, I don't suggest doing it either. My interview was at the end of August but for some reason I couldn't get my stuff down until September 15th, I totally forget why now, anyways I had to put my son into school asap and that's the only reason I did what did.

Once I did have all the documents I did send them to the school, but they never asked for them. I just felt better knowing that I gave it to them to prove that we were here with good intentions "WE COME IN PEACE!"

Also what's to stop a teacher from reporting you for doing what you do?

[trailmix 77]

Don't think I gave parenting advice - you should have him come legally though, however that is...you don't want to cause trouble since you're not quite a citizen yet either, right? But like I mentioned immigration doesn't do things for a 'trial period'... like you said, he's too young for a student VISA at this point...and really if he does like it, your intent is for him to stay permanently, right? Maybe your ex needs to understand that....it has to look as if you're going for perm, even if you guys personally know there's a possibility of it being temporary if he doesn't like it

This is kind of what I was thinking too. It might be an idea to file the paperwork and have him come down on a visa. With the 6 month trial thing, what if he loves it! Then you have to send him packing back to Canada for - however long it takes to file his paperwork - then he can come back, just a thought.

[jellyfish 0]

DO NOT enroll your child in school if they are not legally entitled to be there. You will probably get away with enrolling him, but this will come back to haunt you later in the process. I brought my daughter age 11 into the US at the start of US school session and was hauled into secondary security. I was told you cannot have your child in either public OR private school in the US if they don't have a proper visa. (I think she would have needed an F1 visa which can be used for up to a year in a school.) As it was I know my daughter will end up effectively repeating a year in school, and just wanted some time in the US.(did not mind her skipping school). We spent a bit of time learning Spanish and getting the apartment sorted for us moving there. My older daughter was settling into college then which added to the whole school confusion. I was only there for 3 weeks.

Anyways the IO was very clear the only legal way to school her was home schooling, and "if I was caught doing anything else it would be very bad for me". I can see how folk might get messed up here, but we really just wanted a holiday...... nothing else. He was also clear that she would be enrolled if I presented her at school.

You need a plan for your child that can be extended if need be. So I would suggest a chat with a lawyer to work out what you are/are not entitled to do. Having your son forever unable to visit you in the US is a bad thing. Your status being messed up is also bad. F1 visas can be got pretty fast. I did one for my older girl in 3 weeks start to finish.

Keep it legal.Just not worth it.

[antda 13]

Hi CdnMN,

Sorry to hear about your situation with your son...

It seems like a nice thought to have him with a "trial period", if he was living in the same country....However, there is an immigration issue in the way....And according to the USCIS...there's no such thing as a trial period for children (or heck, for adult couples either..that's another story....)...

To them, it's "either you immigrate to the USA, or you stay in your other country"...

I think that it's a great idea that your son is visiting for a few weeks at a time, to see if he likes it here in the USA, in case he does eventually want to move here permanently. So focus on that first, while you are trying to get it figured as to where he wants to live exactly

Has your son himself expressed a preferance as to where he wants to live? (children have opinions too...) Does he like it when he visits here and spends time with you and your family here in the USA?

As for the school system...it's kind of overrated really...

If the issue here is more so "can he fit in" and "get along with the other kids", then maybe he can join activites, events, clubs, etc. while he is visiting, to see how he interacts with the other children. If all goes well there, then you'll know that the adjustment there should be ok.

If the issue here is more so "what's the education system like here in the USA", then maybe you can get some educational materials from the local schools in your area, from the libraries, and other educational resources in your area. Ask around too, see what educational programs are offered. Take a tour (and have your son take a tour too) of the local schools, libraries, community centres, etc.

Think of it as: You and your son are going to move here...What would he and you like out of your community that you live in? Is it some place you see you and your family living there for many years? Is this just temporary or permanent?

Ask your son his opinion and make lists as to what he likes and doesn't like about the USA and about moving here.

And if he likes it here, then by all means, file for the immigration paperwork, and have him move afterwards. Do it legally, so you and/or your son don't end up in trouble there. And if it's legal, and written in paperwork, then you all would know that it is permanent, and not just a temporary thing.

Give it a bit of time too. It's hard for kids (and adults too) to adjust to moving to a new home and/or new life situations. Remeber: It is his life..he should have a say...And respect his decision in that...Oh and yes, plans change too...so be prepared for anything...

Hope this helps. Good luck on yours and your son's journeys too....

Ant

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