Young Child Tourist Visa

[e-l-l-e 1]

Greetings Everyone, 

My wife and I want to bring her nephew, who is 8 years old, to live with us so he can have a better education. What kind of visa does he need? Do we first start with a tourist visa?

Thanks,

Elle

[Rocio0010 5,565]

4 minutes ago, e-l-l-e said:

Greetings Everyone, 

My wife and I want to bring her nephew, who is 8 years old, to live with us so he can have a better education. What kind of visa does he need? Do we first start with a tourist visa?

Thanks,

Elle

Nope. Bringing the child on a tourist visa with the intent of moving him here is fraud. And you'd actually hurt him more than help him.

Does said child have parents? There is no IR petition for nephews. Your wife can petition her sibling (parent of the child), but siblings are not immediate relatives and it can take 13-16 years to have a brother get a green card. Once the parent gets a green card, the child is eligible too (if unmarried and under 21 I think)

[e-l-l-e 1]

1 hour ago, Rocio0010 said:

Nope. Bringing the child on a tourist visa with the intent of moving him here is fraud. And you'd actually hurt him more than help him.

Does said child have parents? There is no IR petition for nephews. Your wife can petition her sibling (parent of the child), but siblings are not immediate relatives and it can take 13-16 years to have a brother get a green card. Once the parent gets a green card, the child is eligible too (if unmarried and under 21 I think)

not exactly what i'm saying. i was trying to not write a long thread. We want him to come to start getting acclimated. We want him to come each year. So we want to know if he can come visit without his parents.They all can't come right now. Eventually, we hope they will all be here atleast with tourist visas with the goal of a green card.

 

 

[Boiler 43,451]

F1 Student Visa

[Rocio0010 5,565]

3 minutes ago, e-l-l-e said:

not exactly what i'm saying. i was trying to not write a long thread. We want him to come to start getting acclimated. We want him to come each year. So we want to know if he can come visit without his parents.They all can't come right now. Eventually, we hope they will all be here atleast with tourist visas with the goal of a green card.

 

 

Gotcha. I guess what made me think that was the word “start with a tourist visa”. Their mom/ dad would have to apply for him. It’s a tricky situation because they’d have to disclose that they have family ties in the US, and by law, DHS presumes immigrant intent with tourist visas. They’d have to prove strong ties to their home country, which is contradictory to having family in the US. 
They can still try though.

[carmel34 3,531]

11 hours ago, e-l-l-e said:

Eventually, we hope they will all be here at least with tourist visas with the goal of a green card.

If the goal is to enter the US with tourist visas and try to stay and apply for a green card, it will not work.  Even if they try, there is no basis to adjust status and they will be denied, not to mention it is illegal and would cancel any B2 visa they may have received.

[Palawan 130]

13 hours ago, e-l-l-e said:

Greetings Everyone, 

My wife and I want to bring her nephew, who is 8 years old, to live with us so he can have a better education. What kind of visa does he need? Do we first start with a tourist visa?

Thanks,

Elle

Student Visa

 

They seem pretty easy to get from what I have seen, got a friend who has gotten two cousins from Philippines to go to school in USA in the last 6 months, but they are like age 18 to 20.

 

Visa process is very fast, they had to prove they were proficent in English with test and sponsor had to have like 25K in the bank for each student for sponsorship.  

[milimelo 4,210]

Tourist visa is NOT for school purposes. You’re looking at F1 student visa. 

[jan22 2,898]

And, it's important to know that an F-1 student visa cannot be used to attend a public elementary school -- you have to be prepared to send him to a private school, paying all tuition and other expenses.

[e-l-l-e 1]

13 hours ago, Rocio0010 said:

Gotcha. I guess what made me think that was the word “start with a tourist visa”. Their mom/ dad would have to apply for him. It’s a tricky situation because they’d have to disclose that they have family ties in the US, and by law, DHS presumes immigrant intent with tourist visas. They’d have to prove strong ties to their home country, which is contradictory to having family in the US. 
They can still try though.

so his parents has to apply for a tourist visa and bring him? is that what. you're saying? thank you for this dialogue and insight!

[SteveInBostonI130 3,319]

15 hours ago, e-l-l-e said:

Greetings Everyone, 

My wife and I want to bring her nephew, who is 8 years old, to live with us so he can have a better education. What kind of visa does he need? Do we first start with a tourist visa?

Thanks,

Elle

There is no path for your nephew to live with you without his parent's immigration.

 

That path will require your wife to become a US Citizen and then petition for a F4 visa for her sister/brother.  This entire process will take about 17 years, plus however many years for your wife to become a citizen.

 

If the nephew can get a tourist visa (applied for by his parents), then he can visit you for up to 6 months.  Multiple 6 month stays without being in his country for about a year in-between will lead to CBP denying him entry and cancelling his visa.  

 

He cannot attend school in the US if he enters on a tourist visa.  He cannot adjust status in the US from a tourist visa.  He cannot adjust status as a nephew.  In the eyes of USCIS, a nephew is not a family member that has any path to immigration/greencard.

 

If he does get a tourist visa, and you convince him to overstay his visa in the US, he will accrue unlawful presence that will jeopardize his path to immigration in the future.

[Crazy Cat 39,279]

14 hours ago, e-l-l-e said:

Eventually, we hope they will all be here atleast with tourist visas with the goal of a green card.

That is a long, long, long, long journey for a family-based petition. 

Edited September 2, 2022 by Crazy Cat

[Pinkrlion 2,607]

1 hour ago, e-l-l-e said:

so his parents has to apply for a tourist visa and bring him? is that what. you're saying? thank you for this dialogue and insight!

His parents can apply for a tourist visa and he can visit by himself if his visa is approved.  For the F-1 visa he has to attend a private school, and you have to prove you have the money to pay the tuition.  

[Rocio0010 5,565]

1 hour ago, e-l-l-e said:

so his parents has to apply for a tourist visa and bring him? is that what. you're saying? thank you for this dialogue and insight!

No, I am saying his parents have to apply for him for a tourist visa.

[JeanneAdil 6,203]

the following site from Homeland Security will help u

 

https://studyinthestates.dhs.gov/guide/f-1/f-1-kindergarten-through-grade-12