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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109310
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Judith, This is ***** *****. I have a question about the

Customer Question

Customer: Hi Judith, This is ***** *****. I have a question about the ability of F2 going to a public high school.
JA: Thanks. Can you give me any more details about your issue?
Customer: My sister is studying in US with F1 and her son is coming with her with F2. Both of them stay with me. Today we went to our local high school district and try to enroll my nephew into the high school. However I was told that they don't accept F2 because it is a student visa.
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Immigration Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: Hello, Judith. Are you still available for the questions?
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Judith won't be available for an undetermined amount of time. Would it be ok if I answered your questions for you?

Customer: replied 1 year ago.
Please.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

That's strange. It says your question is closed. Did you ask for a refund or something?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Well, if you did, please let me know so I can have the administrators reverse is, I mean if you are satisfied with the answer I am about to give and I believe you will be. Go back to them and tell them that they are incorrect to deny the student to study in high school. Take a look at this OFFICIAL chart form Immigration and Customs Enforcement (ICE):

https://www.ice.gov/doclib/sevis/pdf/Nonimmigrant%20Class%20Who%20Can%20Study.pdf

As you see, the child can study. They even give you the section of the law: 8 CFR 214.2(f)(15) Specifically:

Spouse and children of F-1 student. The F-2 spouse and minor children of an F-1 student shall each be issued an individual SEVIS Form I-20 in accordance with the provisions of §214.3(k).

214.2(f)(15)(i)

(i) Employment. The F-2 spouse and children of an F-1 student may not accept employment.

214.2(f)(15)(ii)

(ii) Study.

214.2(f)(15)(ii)(A)

(A) F-2 post-secondary/vocational study.

214.2(f)(15)(ii)(A)(1)

(1) Authorized Study at SEVP-Certified Schools. An F-2 spouse or F-2 child may enroll in less than a full course of study, as defined in 8 CFR 214.2(f)(6)(i)(A)-(D) and 8 CFR214.2(m)(9)(i)-(iv), in any course of study described in paragraphs (f)(6)(i)(A) through (D) or (m)(9)(i) through (iv) of this section at an SEVP-certified school. Notwithstanding paragraphs (f)(6)(i)(B) and (m)(9)(i) of this section, study at an undergraduate college or university or at a community college or junior college is not a full course of study solely because the F-2 nonimmigrant is engaging in a lesser course load to complete a course of study during the current term. An F-2 spouse or F-2 child enrolled in less than a full course of study is not eligible to engage in employment pursuant to paragraphs (f)(9) and (10) of this section or pursuant to paragraph (m)(14) of this section.

214.2(f)(15)(ii)(A)(2)

(2) Full Course of Study. Subject to paragraphs (f)(15)(ii)(B) and (18) of this section, an F-2 spouse and child may engage in a full course of study only by applying for and obtaining a change of status to F-1, M-1 or J-1 nonimmigrant status, as appropriate, before beginning a full course of study. An F-2 spouse and child may engage in study that is avocational or recreational in nature, up to and including on a full-time basis.

214.2(f)(15)(ii)(B)

(B) F-2 elementary or secondary study. An F-2 child may engage in full-time study, including any full course of study, in any elementary or secondary school (kindergarten through twelfth grade).

214.2(f)(15)(ii)(C)

(C) An F-2 spouse and child violates his or her nonimmigrant status by enrolling in any study except as provided in paragraph (f)(15)(ii)(A) or (B) of this section.

So let them know they are wrong and to enroll your nephew, post haste!

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!