I have a 17 year old relative who is visiting the U.S. He entered the U.S. legally with a B1 Visa.

Now we'd like him to stay here in the U.S. and continue high school. Do we need to change his visa to F1?

Thanks for your feedback....

Hellooooo...Anyone?...please?.....

The Visa is probably a B2 - Tourist.

Thanks

I believe that the rules have been changed so that one cannot change from a B-1 to an F-1 in the U.S. unless they advised the State Dept. that they were planning to check out schools at the time they got the B-1. In other words, he'd have to go back to his home country to apply for an F-1. I do believe that there are provisions for F-1s for high school students (which would probably involve paying fees for schooling), but please check it out.

Sorry. Should have said B-2 (tourist) and not B-1.

from the USCIS website:

F-1: Approval for attendance of academic students may be solicited by an accredited college or university that awards bachelors, masters, doctorate or professional degrees; an accredited community or junior college that provides instruction in the liberal arts or the professions and awards associate degrees; a seminary; a conservatory; an academic high school; a private elementary school; or an institution that provides language training, instruction in the liberal arts, the fine arts or the professions, or instruction in one or more of these disciplines.

He needs to first find a high school that would issue a I-20 that you would need filled out and submit with the F-1 application, along with the change of status (from B to F).

Not all high schools issues I-20's. My family friend (when we were high school students) lived with us and tried to go to my high school (public) but it did not issue an I-20 so she had to got a nearby private school that did.

http://travel.state.gov/visa/tempvisitors_types_students3.html#2

Try this website for rules on attending public schools.

We found a high school for him - Good Public School. They accepted him. They don't ask about Visa's or anything. They just care about immunization. He will start next week. His intentions were to just visit the U.S. and now we want him to study here. We don't have time to send him back to get an F1 Visa. He'll miss his school.

Also when he entered the U.S. the INS did not specify a time line for him to leave in the country 6 months like they always do.

Question:
If and when he starts going to school, does this make him illegal!?

Wow, you are getting the poor kid in problems:
a) Yes he will be illegal if he studies
b) Even if it is not stated on his passport of I-94, maximum stay in the USA with a B-2 is 6 months. Send the boy back home, and save him a lot of problems entering/exiting the USA in the future

Note well, also--Even if the Dream Act eventualy passes, as it is written now, he will not be eligible. He was too old when he entered the US, and will have too little time here. His only hope would be an eventual blanket amnesty (extremely unlikely).

One more thing--Public schools K-12 are not allowed to ask immigration status. However, if the kids stays, that's the end of the free ride. (Also, unless you're the kid's legal guardian, you yourself may run into trouble--some school districts are checking residency within the district because they have too many "free riders".) If he attempts to go to college, get a job, etc., he will be asked for social security number and legal status. He will not be eligible for federal funds for college. HIS best bet is to go home, finish school there, and, if he wants to, to apply to come here as a legal F-1 student.

from S 1545 (the Senate's version of the DREAM Act):

(A) the alien has been physically present in the United States for a continuous period of not less than 5 years immediately preceding the date of enactment of this Act, and had not yet reached the age of 16 years at the time of initial entry;

Aliba is right -- a public high school is not going to ask about immigration status. ANd you cannot rely on that fact if and when you (the kid) have has to answer to immigration about overstaying his visa.

What does his I-94 say (attached in the passport)? I find it strange that he is not given a duration of stay.

YOU may not have time to send him back to get his F-1, but an F-1 is what he needs to study here.

???? I dont understand this need to put this kid in this situation.

Thanks all for your feedback.

More questions: I am trying to avoid sending him back and want to keep him legal.

Can I apply for him to change his Visa to an F1? Through a lawyer or myself? What is the form to fill out. I can sponsor him. I am not his legal Guardian. I am his brother in-law. He is my wife's brother.

As I said above, I'm pretty sure the law no longer allows you to switch from visitor's to student visa UNLESS you declared that intent at the time you got the visitor's visa.

Your wife could sponsor him for a green card IF she is a US citizen, but otherwise not. Even if she is a citizen, it will still take 10-12 years, during which, as I understand it, he would have to return to his own country.

Here's info on switching from B2 to F1 from an Indian immigration website. Even if you are able to do so, you will still need to follow the rules regarding payment I mentioned in an earlier posting. That is, you will have to pay the full cost of the public school (schools are not "free", but subsidized by the taxpayer, and each student costs several thousand $ a year).

"In most cases, successful applications for a visitor visa will be given a multiple entry visa stamp that stays valid for ten years. The stamp will often say “B-1/B-2,” indicating the person can use the visa to enter to conduct activities falling under either classification. Note that a multiple entry, multiyear visa DOES NOT mean that a person can stay in the US for as long as the visa is valid. Rather, the US has a “two ticket” system to entering. The visa is your first ticket and allows you to seek admission at a US point of entry (an airport in the US, a land crossing port, or a US port). The INS inspector at the point of entry will issue a second “ticket,” the white I-94 card authorizing the visitor to stay in the US for a specified period of time (normally 30 days subject to a maximum of six months). Thus, the 10 year visa would allow a person to seek admission multiple times over the 10 years. But an inspector will determine the length of time authorized for each visit. It is sometimes possible to change from a B-1 or B-2 visa to another visa once in the US. Readers are cautioned, however, that the INS could deny a change of status request if they believe the person entered with the intention of switching to another visa. This is particularly true for changes to student visas and when someone applies for a change very soon after entering the US. Change requests made within 30 days are particularly suspect unless a good explanation for the change of heart can be provided or the intention to apply for a change was disclosed in advance to a consular officer or INS inspector. Nationals of some countries are allowed to participate in the Visa Waiver Pilot Program (VWPP) which allows visits for up to 90 days without having to obtain the B-2 visa. Only Canadian citizens are exempted from getting a visa under a different law, and landed immigrants should apply for visitor visa at the US consulate under the new rules. While being able to travel without a visa is convenient for many, it is important to be aware of a few key restrictions on people entering under the VWPP. First, unlike a normal B-2 visas under which a visitor will be authorized to stay for maximum six months, VWPP entrants can only stay for 90 days. Second, it is not possible to apply for an extension of stay or a change of status to another non-immigrant or immigrant classification. Finally, a VWPP entrant can normally not apply for a new visa at a US consulate in Mexico or Canada and reenter the US."

from another immigration law website:

F1 Visa
This visa is for students qualified to attend full time college, university, conservatory, academic high school (subject to strict regulations) and any institution with language-training programs in the United States. Basic Requirements:
The student must have completed the course of study required of all students entering the program;
Be proficient in English;
Proof of sufficient, easily transferable funds to cover cost of living and tuition.
The school must provide the student with a
Form I-20 A-B.
Required Documentation when applying for the visa:
Non-refundable $100 application fee (subject to change);
Form DS-156, completed and signed ;
Form DS-157 Supplemental nonimmigrant visa application. All male nonimmigrant visa applicants between the ages of 16 and 45, regardless of nationality and regardless of where they apply, they should fill this out along with DS-156.
Effective August 1, 2002, all applicants seeking F, M and J visas and their dependents must complete form DS-158 [Contact Info and Work History for NIV applicant]. This form is in addition to the mandatory DS-156 application for a nonimmigrant visa and form DS-157 that is required for males between the ages 16 and 45.)
Passport validity of at least six months beyond end of intended stay;
One photograph 1" square;
Form I-20 A-B (from school);
Evidence of sufficient funds;
Supporting documents satisfying the consulate that the student intends to leave US after completion of studies.

Transferring Schools
To transfer to another school, the student must complete a new I-20 form and submit it to the designated student officer at the new school. This must be within 15 days of beginning class at the new school. The designated student officer of the new school who must then send a copy to the officer at the first school and to the USCIS must endorse the I-20. This must be done within 30 days of receiving the I-20 from the student. If the foreign student had employment authorization, it is terminated upon a change of schools.

A similar process is required to change the educational program within the same institution. However, the student will not lose the employment authorization in this case.

Sounds from the later paragraphs, above, that he may have problems proving intent to go home BECAUSE he has relatives here. Which means probability of getting transfer is pretty low.

Pepper,

Yes I also found it strange that they did not specify a time for his stay.... His passport has a stamp and no date like they always do....

Not the passport but the I-94 card. Are you sure the I-94 card didn't fall off? It is usually stapled to a page. It is not a stamp.

It should say at the top "Departure Card" or something with the word "Departure" on it.

The reason I don't think it is a stamp is that typically right before the plane lands (assuming your brother in law came in by plane but I guess it is the same for all carriers) in U.S. the flight attendants pass out these white departure cards that the passenger fills out. Then at immigration in the airport the officer determines the purpose of your stay and the allowed time period and then puts a date at the top.