Any Help Appreciated

[StuManda 0]

I was an I-130 immigrant who is now a US citizen. My daughter from a previous marriage wants to leave England and come and live with me in the US. Her mother and i have discussed it and think it would be a good idea, more opportunities, better weather etc etc

My question is, if she was tom come over on the Esta program and I filed I-130 and I-485 AOS while she is here, while we are waiting for the I-130 to be approved (it will be definitely) can she attend high school?

[NigeriaorBust 4,087]

 She can't come on ESTA with the intent of staying, it is visa fraud .  You would file and I130 and in about a year she will have an interview and be able to come.

[StuManda 0]

5 minutes ago, NigeriaorBust said:

 She can't come on ESTA with the intent of staying, it is visa fraud .  You would file and I130 and in about a year she will have an interview and be able to come.

I will rephrase the question ----- Can a child attend school after filing i-485 AOS?

[NigeriaorBust 4,087]

no and yes .   A non resident child should be paying for their tuition and carry an F1 status.  Some states have mandated that all children be allowed into school.   Until she has status she really needs an F1 visa and you need to pay tuition.

[Wuozopo 4,293]

2 hours ago, StuManda said:

I will rephrase the question ----- Can a child attend school after filing i-485 AOS?

 

"All children in the United States are entitled to equal access to a public elementary and secondary education, regardless of their or their parents’ actual or perceived national origin, citizenship, or immigration status."

--United States Department of Education

 

Yes, she can attend high school. She does not need a visa. She could be an illegal immigrant, homeless, or non-English speaking and she would receive a free public education. 

[StuManda 0]

Thank you for your answers, I think I have found what I am looking for:

 

The U.S. Supreme Court ruled in Plyler vs. Doe (457 U.S. 202 (1982)) that undocumented children and young adults have the same right to attend public primary and secondary schools as do U.S. citizens and permanent residents. Like other children, undocumented students are obliged under state law to attend school until they reach a mandated age. As a result of the Plyler ruling, public schools may not:

• Deny admission to a student during initial enrollment or at any other time on the basis of undocumented status.
• Treat a student differently to determine residency.
• Engage in any practices to "chill" the right of access to school.
• Require students or parents to disclose or document their immigration status.
• Make inquiries of students or parents that may expose their undocumented status.
• Require social security numbers from all students, as this may expose undocumented status.

 

Students without social security numbers should be assigned a number generated by the school. Adults without social security numbers who are applying for a free lunch and/or breakfast program on behalf of a student need only indicate on the application that they do not have a social security number.

Changes in the F-1 (Student) Visa Program do not alter the Plyler obligations to undocumented children. These changes apply only to students who apply for a student visa from outside the U.S.

Finally, school personnel -- especially building principals and those involved with student intake activities -- should be aware that they have no legal obligation to enforce U.S. immigration laws. (U.S. Supreme Court, 1982)

[SONG41 15]

Hi

I am going through this process right now with my husbands 14 year old English son, we have the i-130 approved we have just done the ds260 today so we are just ahead of you in the process.

I also notice you in VA as we are!

Good Luck if I can help at all let me know?

VJ has been really good at helping us throughout this long journey.

I am still asking questions today!