Child overstaying B2 visa to study?

[the_fox 0]

A relative who has PR status has applied to bring her spouse and son (as a derivative visa) to the US. But since the process takes about 2 years, she wants to send her son (14) to high school in the US, while waiting for her spouse to get approval (she argues it's a better school system in the US). The son is currently visiting the US on tourist visa, so she wants to keep him throughout the process.

She says her son can go to US K-12 schools without status anyway. Is it true? False? Good idea? Bad idea? Will it affect spouse and/or son approval process if son overstays tourist visa (given that he's a minor)?

[Anitafeliz 1,133]

He is touring he shouldn't be enrolled in school. And he needs to go when his time expires.

Actually I'm wrong

http://immigrationroad.com/blog/can-b1-or-b2-visitors-enroll-in-school/

Minor can attend as long intentions in receiving visa wasn't immigration. (But you state it is)

Edited August 8, 2016 by Anitafeliz

[IcezMan_IcezLady 582]

she wants to do commit immigration fraud while going through another process?

ever heard of [law of clean hands]?

[the_fox 0]

He is touring he shouldn't be enrolled in school. And he needs to go when his time expires.

Actually I'm wrong

http://immigrationroad.com/blog/can-b1-or-b2-visitors-enroll-in-school/

Minor can attend as long intentions in receiving visa wasn't immigration. (But you state it is)

Well the original intent for the visa was just to visit. But now that he is here, she wants to keep him here, arguing that overstaying the visa won't affect him because he's a minor.

[Anitafeliz 1,133]

Read her this.

http://www.alllaw.com/articles/nolo/us-immigration/visa-overstay-minor.html

NOT LEGAL. HE NEEDS TO LEAVE no way around it. Please hace her NOT abuse the privilege

3 to 10. Year ban

Edited August 8, 2016 by Anitafeliz

[the_fox 0]

she wants to do commit immigration fraud while going through another process?

ever heard of [law of clean hands]?

She is here legally, so she would not be the one committing the fraud; her son would. But I hear you, and I advised her that I think it's a bad idea.

[NigeriaorBust 4,087]

He can not attend public schools for free , she must pay for him to attend

[the_fox 0]

Read her this.

http://www.alllaw.com/articles/nolo/us-immigration/visa-overstay-minor.html

NOT LEGAL. HE NEEDS TO LEAVE no way around it. Please hace her NOT abuse the privilege

3 to 10. Year ban

She seems to think the son won't have any consequences because he's minor. That link should scare her away.

Thank you, that's exactly what I was looking for.

[IcezMan_IcezLady 582]

She is here legally, so she would not be the one committing the fraud; her son would. But I hear you, and I advised her that I think it's a bad idea.

she is the one who wants to keep the child here illegally. So she will be committing a crime. Harboring of an illegal alien is a crime..

She will be creating a whole lot of mess for the child in the long run.

[aaron2020 11,651]

A relative who has PR status has applied to bring her spouse and son (as a derivative visa) to the US. But since the process takes about 2 years, she wants to send her son (14) to high school in the US, while waiting for her spouse to get approval (she argues it's a better school system in the US). The son is currently visiting the US on tourist visa, so she wants to keep him throughout the process.

She says her son can go to US K-12 schools without status anyway. Is it true? Yes, he can attend school. False? Good idea? No. Bad idea? Extremely bad idea. Will it affect spouse and/or son approval process if son overstays tourist visa (given that he's a minor)? Could. Is that a chance a mother should take when her child will pay the price?

Hi,

US laws allows children illegally in the US to attend school.

It's extremely stupid to violate US laws while seeking to immigrate. Pure stupidity.

Tell your relative to do immigration the right way or have her son pay the price for her stupidity. She will not pay the price, her child will.

Here is the big problem that your relative does not understand; by overstaying, the child would not have legal status to get a green card. Overstays are not forgiven for a family based category relative. OVERSTAY = NO GREEN CARD. Pure stupidity when the child can immigrate here in 2 years. Extremely stupid.

Best of luck.

He can not attend public schools for free , she must pay for him to attend

Wrong. Even illegal immigrants children can attend school. You may want to look up the federal case about this.

Edited August 8, 2016 by aaron2020

[newacct 688]

3 to 10. Year ban

No. You are talking about the 9B ban, but minors do not accrue unlawful presence for the purposes of the 9B ban while under 18.

Here is the big problem that your relative does not understand; by overstaying, the child would not have legal status to get a green card. Overstays are not forgiven for a family based category relative. OVERSTAY = NO GREEN CARD. Pure stupidity when the child can immigrate here in 2 years. Extremely stupid.

You are talking about Adjustment of Status. But there is nothing that prevents the child from doing Consular Processing when the visa becomes available.

[aaron2020 11,651]

No. You are talking about the 9B ban, but minors do not accrue unlawful presence for the purposes of the 9B ban while under 18.

You are talking about Adjustment of Status. But there is nothing that prevents the child from doing Consular Processing when the visa becomes available.

True. It will look fantastic when they declare the child has been living illegally in the US. No problem at all?

I'm saying the idea to keep the child here in illegal status is STUPID when there is a perfectly legally way for the child to immigrate in 2 years.

Edited August 8, 2016 by aaron2020

[belinda63 2,981]

What if they ask her to repay the cost of the child's schooling prior to issuing a visa? Does she have the $30,000 or so to do this? Or better yet what if she loses her green card for what she is doing.

Edited August 8, 2016 by belinda63

[newacct 688]

What if they ask her to repay the cost of the child's schooling prior to issuing a visa? Does she have the $30,000 or so to do this? Or better yet what if she loses her green card for what she is doing.

They won't. That is only for children who came on F1 student visas.

[squareleg 69]

Harboring of an illegal alien is a crime. How is your "friend" paying for the school?

Considering he/she//kid is not a resident, mother/she cannot have him attend public schools for free on other taxpayer's dime.

Tourist visa as the name suggest is for tourism. It is granted for specific time-frame usually max out at 6-months. The "tourist" has to then travel back to homeland.