School is Back in Session!

Angelica Rice • July 2, 2021

Click here to read this article in Portuguese

      As the summer comes to a close and COVID-19 restrictions are loosened, some foreign families who hold non immigrant visas, such as B-1 and B-2, may be wondering if they can enroll their children in public school.

 

    The regulations specify that a B-1 visitor for business or B-2 visitor for pleasure visa holder "violates the conditions of his or her B-1 or B-2 status if the alien enrolls in a course of study." 8 C.F.R. § 214.2(b)(7).

The regulations further specify that a person who wishes to study must first obtain an F-1 or an M-1 student visa before starting studies in the US. Parents who enroll their children in school in violation of this prohibition, risk visa cancellation (revocation) for their child and permanent visa ineligibility for themselves.

  However, in some cases, there is an exception for school aged (i.e. K-12 grade) children who are dependents or derivatives of their parents non immigrant status. ICE notes that, in limited cases, a B-1/B-2 child may be permitted to study if it “is incidental to the reason for the parent traveling to the United States” (i.e. not the purpose for obtaining the B visa). 

As an example, ICE explains that the B2 children of a missionary in B2 status may attend K-12 school while the parent is “pursuing the primary purpose of the visit.” However, the length of B2 stay will not be extended in order for the B2 child to complete a school year. 

     More specifically, children in elementary and middle school may be eligible to attend public school based on the above rule. It is important to note that, dependent children CANNOT attend elementary or middle school on an F-1 student visa. Such visas are not applicable to children that young and do not cover education in those lower grades. Obtaining an F-1 or M-1 visa will only allow an older child, i.e. college age child, to attend school in the United States. 

   Additionally, high school age students are limited to attending public high school for twelve months and must make arrangements ahead of time to reimburse the school for the full (unsubsidized) tuition cost. With regard to older dependent children, dependent children in B status CANNOT attend post-secondary school (i.e. college or university) without changing their status to F1 or M1 first.


Therefore, a school-aged child in B1 or B2 status may be allowed to attend K-12 schools, as long as studying is incidental and was not the primary purpose when s/he applied for the B visa.

This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.



Angelica Rice

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