Son (-21 unmarried) might stay on - can he?

[Eli the Barrowboy 16]

Hi there.

Our son is 20 and unmarried and is at college in the UK. He is currently here on vacation (he never took up the option of moving here) and has 90 days to stay in the country.

He is thinking about staying and transferring to uni here.

Even though he entered the US on a Visa Waiver and had no plans to stay, he's considering the possibility.

The question is what, legally, are his options? If he stays and applies for residency right away then as long as he is within his 90 day window he is OK, right?

But is it legal for him to apply once in the US - in all honesty he had no plans to stay when he entered the US 15 days ago (and still is only thinking about it if it's an option).

Thank you.

Ronan

[matuk tuokan 2]

Hi there.

Our son is 20 and unmarried and is at college in the UK. He is currently here on vacation (he never took up the option of moving here) and has 90 days to stay in the country.

He is thinking about staying and transferring to uni here.

Even though he entered the US on a Visa Waiver and had no plans to stay, he's considering the possibility.

The question is what, legally, are his options? If he stays and applies for residency right away then as long as he is within his 90 day window he is OK, right?

But is it legal for him to apply once in the US - in all honesty he had no plans to stay when he entered the US 15 days ago (and still is only thinking about it if it's an option).

Thank you.

Ronan

Can I change my nonimmigrant status to F1?

If you are already in the United States under another nonimmigrant status, you must file Form I-539 to change your status to F1 student. You need to submit original Form I-94, and will be issued a new one once your application is approved. Other requirements such as financial support and non-immigrant intent must still be met.

F1 visa category is reserved for academic students enrolled in colleges, universities, high schools, language training programs, and other academic institutions. The other student visa is M-1, for non-academic vocational studiesWhat are the requirements for F1 student visas?

■You must be attending an academic institution or a language-training program;

■You must be enrolled as a full-time student;

■The school must be approved by the USICE (U.S. Immigration and Customs Enforcement) to accept foreign students;

■You must show sufficient financial support to complete the study;

■You must prove that you do not intend to abandon your foreign residency. Spouse and unmarried children under 21 of a student may come to the United States in F2 or M2 visa status.

[Deputy Purple 1,294]

Did you marry your US Citizen spouse before your son's 18th birthday?

If yes then your US Citizen spouse can file the I-130 for him and he can adjust status based on that (concurrent I-130 & I-485) filing.

Otherwise the answer is no.

[Eli the Barrowboy 16]

Yes, it was before he was 18 ...

The chances are he will go back ... we'll just have to file once he turns 21 and see if he wants to come over after the 6 to 14 year wait for a greencard.

Thanks folks.

[JoannaV 173]

Financially he's probably better off finishing uni in the UK, unless you are able to fully fund him yourself.