For those cases where there is a duration of status (meaning there is no indication on the departure card a departure date, such as for an F-1 student who is allowed to be here for as long as she/he enrolls full time) then no unlawful presence accrues until the INS actually determines so (like in a proceeding). I read that in an BCIS memo.

Yes the 2 stamps (on passport and the white card) DO NOT show a date...Just a port of Entry.....

I know what u r talking about. All people I know have a date to leave (expiration) EXCEPT this kid....

The INS officer asked him how long he wanted to stay and he said " I don't know" and the INS officer left it open and just stamped his passport. I know it is strange but that's what they did......

Yes the 2 red stamps (on passport and the white card I-94 I guess is what's called) DO NOT show a date...Just a port of Entry.....

I know what u r talking about. All people I know have a date to leave (expiration) EXCEPT this kid....

The INS officer asked him how long he wanted to stay and he said " I don't know" and the INS officer left it open and just stamped his passport. I know it is strange but that's what they did......

Sounds like you should go ahead, as soon as you can, get a school that issues an I-20 (probably a private school -- expensive) and once you get that file for the F-1 and at the same time a change of status (i-539?)

He will be in the clear as far as lawful presence go until the F-1 and COS is adjudicated. Then if they are granted, great. If not, your brother in law will be given a specific time by which to depart U.S.

Sometimes an English school will issue I-20 and this is only a suggestion as it might be less expensive. But this kid should be going to a regular high school sooner or later.