QUESTION

Can my son attend high school in the US without having a F-1 visa?

Asked on Jul 26th, 2011 on Immigration - Texas
More details to this question:
My Son (15) lives with his Mom, I have a Green card, he is about to start High school next month. He was not part of my Green card application as i do not have Custody. We want him to start school next month. The school does not complete I-20 forms for the F-Visa. The school will accept him based on my Status, but my question is on his Status. He has a Visitors Visa, but once he's been here over 6 months he'll technically be over staying his visa. His Mom is applying to enroll in herself in College from January and is applying for a F-1 visa. we can't wait for that because he needs to start school in a months time or repeat the grade he is in now again.
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2 ANSWERS

Criminal Law Attorney serving Las Vegas, NV at Reza Athari & Associates, PLLC
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If you became a permanent resident based on marriage, your wife can file a petition for your son. Be aware, a visitor may not attend school in the US. He will need a student visa. Some private schools issue I-20.
Answered on Aug 10th, 2011 at 10:07 AM

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LCA Audits and Investigations Attorney serving Houston, TX at Fong Ilagan
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He is not authorized to attend school by the USCIS, unless he is an F-1 or F-2.
Answered on Aug 08th, 2011 at 11:16 AM

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