Can my son attend high school in the US without having a F-1 visa? 4 Answers as of August 10, 2011My Son (15) lives with his Mom, I have a Green card, he is about to start High school next month. He was not part of my Green card application as i do not have Custody. We want him to start school next month. The school does not complete I-20 forms for the F-Visa. The school will accept him based on my Status, but my question is on his Status. He has a Visitors Visa, but once he's been here over 6 months he'll technically be over staying his visa. His Mom is applying to enroll in herself in College from January and is applying for a F-1 visa. we can't wait for that because he needs to start school in a months time or repeat the grade he is in now again.
Calderón Seguin PLC | Ofelia L. Calderon
Yes. He can attend high school and yes he will be overstaying his visa. For the sake of your minor child, you really need to speak to an immigration attorney NOW about your sons long term strategy, rather than just making decisions for him that may result in him being unable to live here legally.
Answer Applies to: Virginia