I own a house Texas , my wife has a visiting visa but intends to enroll in a six month education program in US, is it possible for our 3 children under the age of 18years who have only visiting visa to enroll in a high school in the school district where my house is located?Our two older children are in a college there too. I have owned the house since 2008 and have been paying tax.thanks.
Hello, my name is Ely. I am here to help you. There may be a slight delay between your follow ups and my replies as I type out a reply. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not to tell you what you necessarily wish to hear.What kind of visa does your wife have, exactly, a B2 tourist visa? Or something else?This not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.
Her Visa is BI/B2
Casmir,What kind of educational program would this be? This makes a difference.
Her present qualification is Bachelors degree in Education.
Casmir,Thank you very much for your explanation. I am afraid I have some good news and some bad news.Your WifeA B2 visa holder cannot enroll into a course of study that leads to any kind of certification, including a CPhT.This is different from recreational classes or casual, short courses that generally do not require academic enrollment, which she can take.Ergo, if she wishes to take the course, she must adjust her status to an M or F visa. She would do so by applying for Change of Status (I-539) with USCIS, to change your B visitor status to F or M student status.Your KidsAll children in the U.S.A. have constitutional right to public education, regardless of their or their parents’ immigration status. So a school-aged child in B1 or B2 status is allowed to attend kindergarten to 12th grade. Needless to say, if she adjusts to an M or F visa, they can go to school from that visa's derivative status, as well.While the legal system tries to be inclusive of every possibility, sometimes people have limited avenues to seek relief. Surely, you prefer that I tell the truth rather than what you wish to hear. Because I do not get credit unless you press one of the top three faces, keep this in mind when rating my answer and please do punish me for being honest. I understand that this may not be easy to hear, and I empathize.IMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Sorry, I had to be in a meeting.
No problem, Casmir.Is Changing to I-539 possible while in US? or do we have to return to our country of origin to achieve that.?Absolutely - there is no need to go back to the country of origin. Of course, she first has to be admitted to the program of study.What happens to a child's chance of going to college after 12th grade?They would need their own F (student) visa.IMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
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