Waiver Visa

Asked about 2 years ago - Atlanta, GA

hello,
My child is French on visit in US since July 2012, he is 9yrs already enrolled in school in US. His Waiver visa expires on 20 Oct. I wish him to continue his classes for one yrs. His uncle with whom he is living has applied for a Visa, but it is taking too long. I am desperate not knowing if I should take the child out of school or wait for visa application feed back. thanks for helping. I am in France.

Attorney answers (3)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    22

    Lawyers agree

    1

    Answered . I agree with my colleagues.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. F. J. Capriotti III

    Contributor Level 20

    14

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . You have BIG PROBLEMS.

    It is against the law for a child in the US on an ESTA Visa Waiver to attend public schools.

    To attend a public school is an immediate violation of the ESTA program.

    This uncle could be making things worse by filing an application that has a 100% chance of denial.

    Have him stop filing papers and meet with an attorney.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. Gen Kimura

    Contributor Level 18

    12

    Lawyers agree

    1

    Answered . I agree with my colleague. Your child can not attend the school under the visa waiver program.

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.... more

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