Young Child Tourist Visa

[SalishSea 16,851]

16 hours 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.

 

 

There is NO  path to green cards via B visas for this family.

[Daisy.Chain 317]

7 hours ago, SteveInBostonI130 said:

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.

No path except for the student visa (and an expensive private school)

[SalishSea 16,851]

55 minutes ago, Daisy.Chain said:

No path except for the student visa (and an expensive private school)

Still not a path to a GC.  Student visa is NIV.

[Daisy.Chain 317]

1 hour ago, Jorgedig said:

Still not a path to a GC.  Student visa is NIV.

The path for the student to live with them now while a student DOES exist as student visa.

 

Student visas are perfectly legal for minors and the child could very well live with them. It is not a path to a green card but is a path to living with them temporarily, if they can afford it. I don't know what NIV means unless you're referring to a Bible translation.

 

The original post said they wanted the nephew to live with them for a better education, not a green card (which was mentioned later). It is not illegal to pursue a student visa for the purpose of studying. 

 

Of course, the money could be well spent sending the child to one of the many excellent private institutions in the DR as well if education is the goal.

Edited September 3, 2022 by Daisy.Chain

[Crazy Cat 39,567]

6 minutes ago, Daisy.Chain said:

The path for the student to live with them now while a student DOES exist as student visa.

 

Student visas are perfectly legal for minors and the child could very well live with them. It is not a path to a green card but is a path to living with them temporarily, if they can afford it. I don't know what NIV means unless you're referring to a Bible translation.

NON-Immigrant VISA.  There is no path to a Green Card for the OP's Nephew through an F1 NON-IMMIGRANT visa.  The OP stated that the goal is a Green Card.  @Jorgedig is correct. 

Edited September 3, 2022 by Crazy Cat

[Daisy.Chain 317]

1 minute ago, Crazy Cat said:

NON-Immigrant VISA.  There is no path to a Green Card for the OP's Nephew through a NON-OMMIGRANT visa.

Thanks. Although the child could legally live with them on a student visa if they can afford the hefty private school costs. The original question was asked about schooling..only later did the poster say it would nice for the whole family to have green cards and muddy the water.

 

 

Of course, there are excellent private schools they could use in the DR too.

 

 

 

 

 

[SalishSea 16,851]

9 minutes ago, Daisy.Chain said:

The path for the student to live with them now while a student DOES exist as student visa.

 

Student visas are perfectly legal for minors and the child could very well live with them. It is not a path to a green card but is a path to living with them temporarily, if they can afford it. I don't know what NIV means unless you're referring to a Bible translation.

 

The original post said they wanted the nephew to live with them for a better education, not a green card (which was mentioned later). It is not illegal to pursue a student visa for the purpose of studying. 

 

Of course, the money could be well spent sending the child to one of the many excellent private institutions in the DR as well if education is the goal.

‘Bible translation’ ?  No.

 

Like a tourist visa, a student visa  is a non-immigrant visa (NIV), which does not lead to a green card.

[Daisy.Chain 317]

2 hours ago, Daisy.Chain said:

  10 hours ago, SteveInBostonI130 said:

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

This person wrote that there is no way for the nephew to live with the OP without his parents' immigration (presumably in the US). Living in the US legally is NOT THE SAME THING as living in the US with a green card. I am NOT saying that a student visa is a way to get a green card. It is not 

 

I HAVE commented on this statement pointing out the legal way of a student visa, for the few that could afford to finance the process.

 

If the goal is to study in the US living with aunt and uncle: student visa

If the goal is a green card: no way at this time except via parents 

Edited September 3, 2022 by Daisy.Chain

[Daisy.Chain 317]

6 minutes ago, Jorgedig said:

‘Bible translation’ ?  No.

 

Like a tourist visa, a student visa  is a non-immigrant visa (NIV), which does not lead to a green card.

The original post asked about studying, not a green card. Steven in Boston said there is no way for nephew to live in the US with aunt and uncle (legally). That is not accurate and I want to be sure this is pointed out for others who read the post. A student visa is a legal way for this to happen it if they can afford it.

Edited September 3, 2022 by Daisy.Chain

[Daisy.Chain 317]

16 minutes ago, Crazy Cat said:

NON-Immigrant VISA.  There is no path to a Green Card for the OP's Nephew through an F1 NON-IMMIGRANT visa.  The OP stated that the goal is a Green Card.  @Jorgedig is correct. 

The OP started by saying they wanted the nephew to live with them for study. Jorge is correct about there being no legal way to a green card for a minor except through parents [or grandparents (sometimes)].

 

However, SteveinBoston was not correct said there is no way for the child to live in the US legally with the aunt and uncle. His comment may lead others to believe that there is no way to live in the US legally in a similar situation for those with non-immigrant intent. This is NOT true and is PERFECTLY LEGAL to live in the US temporarily on a student visa. It's just that private school is expensive.

[SteveInBostonI130 3,328]

2 hours ago, Daisy.Chain said:

The OP started by saying they wanted the nephew to live with them for study. Jorge is correct about there being no legal way to a green card for a minor except through parents [or grandparents (sometimes)].

 

However, SteveinBoston was not correct said there is no way for the child to live in the US legally with the aunt and uncle. His comment may lead others to believe that there is no way to live in the US legally in a similar situation for those with non-immigrant intent. This is NOT true and is PERFECTLY LEGAL to live in the US temporarily on a student visa. It's just that private school is expensive.

 

Hi @Daisy.Chain, that is a very good clarification. 

 

Although I only quoted the main topic, I meant to quote both statements by the OP, but could not when I was on my mobile device earlier.  Please note the followup by the OP:

 

On 9/1/2022 at 7:44 PM, 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.

 

 

 

The OP is stating that they want the family to immigrate, starting with the nephew.  The visits each year is also mentioned, and my post did state he could visit, but he needs to balance his stay in the US with stays outside the US.  The textbook ratio is twice as long outside the US as in.

Edited September 3, 2022 by SteveInBostonI130
typo

[Palawan 130]

22 hours ago, jan22 said:

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.

Can they home school instead?

[jan22 2,912]

15 hours ago, Palawan said:

Can they home school instead?

No.  An F-1 student visa requires an I-20 form from a qualifying school showing the visa applicant has been admitted to the school and the full cost of the school.