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Waiver Visa

Atlanta, GA |
Filed under: Visa application

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.

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Attorney answers 3

Posted

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 does not constitute an attorney-client relationship.

Asker

Posted

Thanks a lot for this precious information. What do you advice me, I let the kid in school he is attending already till next year or take him out of the country which in a way will be a bit traumatizing for him because he really likes the school? Desperately in need of help.

F. J. Capriotti III

F. J. Capriotti III

Posted

The wishes of a 9 year old child do not outweigh the requirements of the law. Bring him back home to France before his 90 day permit expires. If you wish for him to go to school in the US ... do it the right way ... in a private school .. that's all that is permitted under our law.

Asker

Posted

Thanks enormously.

F. J. Capriotti III

F. J. Capriotti III

Posted

You are welcome. By the way, the visa to obtain in Paris is called a F-1 .. for elementary, middle and high schools he can only attend private schools ... no publicly funded schools.

Posted

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. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.

Posted

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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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