I am a LPR, he is my son and he is minor

[alexzy75 1]

Hi,

I hope I will find some useful help here.

so here is the story:

I am a legal permanent and waived my marriage condition. I come from France and I have a son abroad. My son couldn't join me when I left France (he was 8, and it was in 2009) because his father won the right custody as he was against him leaving for the us with me.

so fours years later he is now allowed to come by a court order, as my son showed his will to come and now his father is not against.

Court order has been settled down in April 2013.

so now he is entering the 7th grade, he is enrolled, we have applied a visa student and the school asked for until he graduates from high school.

but it seems we are getting very tight on delays with the visa stuff.

so my questions is:

as he is a minor, I have the custody, do you think it is legal to have travelled like he is used to with esta and have him begin school and then making a adjustment of status?

thank you,

Alex.

[Ryan H 3,813]

so my questions is:

as he is a minor, I have the custody, do you think it is legal to have travelled like he is used to with esta and have him begin school and then making a adjustment of status?

This is not legal.

[alexzy75 1]

ok,

but how about this:

Change My Nonimmigrant Status

If you want to change the purpose of your visit while in the United States, you (or in some cases your employer) must file a request with USCIS on the appropriate form before your authorized stay expires. For instance, if you arrived here as a tourist but want to become a student, you must submit an application to change your status. We recommend that you apply as soon as you determine that you need to change to a different nonimmigrant category.

and this

You do not need to apply to change your nonimmigrant status if you wish to attend school in the United States, and you are the spouse or child of someone who is currently in the United States in any of the following nonimmigrant visa categories:

• Diplomatic and other government officials, and employees (A visa category)
• International trade and investors (E visa )
• Representatives to international organizations and their employees (G visa )
• Temporary workers (H visa)
• Representatives of foreign media (I visa)
• Exchange visitors (J visa)
• Intracompany transferees (L visa)
• Academic (F visa) or vocational (M visa) students (you may attend elementary, middle or high school only: if you want to attend post-secondary school full-time you must apply for a change of status).

I found it here

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=92f23e4d77d73210VgnVCM100000082ca60aRCRD&vgnextoid=92f23e4d77d73210VgnVCM100000082ca60aRCRD

[Cathi 5,771]

If he was already here on ESTA and you were NOT planning to adjust status before he arrived it is possible.Since he is not here yet, and you have stated intent, you cannot do this, coming to the US on ESTA with the intent to adjust status is visa fraud and carries a lifetime ban with no appeal

Edited July 7, 2013 by mimolicious

[alexzy75 1]

ok, ok, thank you. I hope he will get his visa very soon.

[Harsh_77 718]

ok,

but how about this:

Change My Nonimmigrant Status

If you want to change the purpose of your visit while in the United States, you (or in some cases your employer) must file a request with USCIS on the appropriate form before your authorized stay expires. For instance, if you arrived here as a tourist but want to become a student, you must submit an application to change your status. We recommend that you apply as soon as you determine that you need to change to a different nonimmigrant category.

and this

You do not need to apply to change your nonimmigrant status if you wish to attend school in the United States, and you are the spouse or child of someone who is currently in the United States in any of the following nonimmigrant visa categories:

• Diplomatic and other government officials, and employees (A visa category)
• International trade and investors (E visa )
• Representatives to international organizations and their employees (G visa )
• Temporary workers (H visa)
• Representatives of foreign media (I visa)
• Exchange visitors (J visa)
• Intracompany transferees (L visa)
• Academic (F visa) or vocational (M visa) students (you may attend elementary, middle or high school only: if you want to attend post-secondary school full-time you must apply for a change of status).

I found it here

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=92f23e4d77d73210VgnVCM100000082ca60aRCRD&vgnextoid=92f23e4d77d73210VgnVCM100000082ca60aRCRD

All the categories you posted their spouse or dependent children enter us on dependent visa like for someone on H1 their dependent would enter on H4 and what you posted says they can attend school on H4.

VWP (ESTA) is not same, VWP is for tourism or for short trip to visit friends and family, he cannot go to school on VWP.