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b1 visa and going to High School

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  • b1 visa and going to High School

    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....

  • #2

    The Visa is probably a B2 - Tourist.



    • #3
      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.


      • #4
        Sorry. Should have said B-2 (tourist) and not B-1.


        • #5
          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.


          • #6
            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.


            • #7

              Try this website for rules on attending public schools.


              • #8
                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.

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


                • #9
                  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


                  • #10
                    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).


                    • #11
                      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.


                      • #12
                        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;


                        • #13
                          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.


                          • #14
                            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.


                            • #15
                              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.


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