abujaniv:


Her visa can be revoked as well as the visas of the children. This is abuse of a B1/B2 visa.

OTUNBACODED:
Dear vo,

if the wife of a student who is with him in the us on an f-2 status, wishes to advance her study by going back to school, what does she need to do or do she need to come back to Nigeria to apply for a student visa?

thanks

rojigudret:


Hello Abujaniv,

From what I read in a US governement documents, nonimmigrants who are attending school incidental to their primary purpose for being in the United States may attend the school of their choice either part-time or full-time (unless otherwise noted).

An example was made as below: In some cases, a B-2 child is allowed to study if accompanying a parent and the study is incidental to the reason for the parent traveling to the United States. For example, missionaries may enter as a B-2 and the children may attend K-12 school while the parent is pursuing the primary purpose of the visit. The length of stay will not be extended to allow a minor child to complete a school year

Please see link to referenced document below:
https://www.ice.gov/doclib/sevis/pdf/Nonimmigrant%20Class%20Who%20Can%20Study.pdf

Particular reference is to the reference marked X2.

It looks to me that the case of a child attending school while accompanying a parent on who is in the US for the purpose of child birth falls within the exemption stated in the above referenced document.

Also see below another official document on this same item: http://www.sde.ct.gov/sde/lib/sde/pdf/digest/enrollment_of_students_from_other_countries.pdf

Please review. Your kind opinion will be appreciated.

Thanks in advance.

abujaniv:



You entirely misunderstand the documents you are quoting.

Incidental studies are non-degree programs that are recreational and avocational in nature - such as taking a one-week culinary course while traveling through New Orleans. Programs like these do not offer I-20s.

Your children's purpose of travel in this case would be to enroll in schools (they are not seeking medical care), and any primary or secondary school would require an F-1 visa. There is no legal way to enroll your children in public primary schools on a B1/B2 or even F-1 visa. In some situations, students can be issued F-1 visas for one-year of public secondary school, but only with the subsidized reimbursement to the school district. For private schools, an F-1 visa and I-20 are required for all ages.

Read the following:


9 FAM 402.5-5(J)(2) Elementary School Students

a. Only children qualified for a derivative nonimmigrant classification through a principal alien parent may attend a publicly funded elementary school. No public elementary schools or school systems are approved by SEVP to issue Form I-20 for attendance in F-1 status by children in kindergarten through grade eight. However, any student of school age (kindergarten-grade 12) who is otherwise qualified may receive an F-1 visa under INA 101(a)(15)(F)(i) to attend a private elementary school.

9 FAM 402.5-5(K)(2) Secondary School

a. INA 214(m) restricts, but does not prohibit, the issuance of F-1 visas to students seeking to attend public high schools. Secondary school is deemed to be grades 9-12. As of November 30, 1996, two new additional criteria were imposed on intending F-1 students at public high schools:

(1) They cannot attend such school for more than 12 months; and

(2) They must repay the school system for the full, unsubsidized, per capita cost of providing the education to him or her.

b. You may not issue an F-1 visa for attendance at a public high school if the length of study indicated on the Form I-20 exceeds the 12-month cumulative period permitted under INA 214(m). F-1 visas issued to attend public secondary schools must be limited to 12 months.

c. It is important to remember that public secondary school attendance in a status other than F-1 (including unlawful status) does not count against the 12-month limit, nor does attendance in F-1 status prior to November 30, 1996.


Children on B1/B2 visas are not allowed or entitled to enroll in private or public school. Period.

You are not going to the U.S. to be a missionary. You are going for medical care. Enrolling in schools on a B1/B2 visa is not appropriate.

If you enroll your children in schools while on a B1/B2 visa, your visa can/will be revoked, as will the visas of your children.

abujaniv:
Hello, Nairaland! Our last thread was lost due to the Nairaland data loss, so we're re-starting the Non-Immigrant Visa discussion.

We are U.S. Foreign Service Officers working in Abuja and Lagos. We'll be happy to answer as many of your Non-Immigrant Visa questions as possible. Please note that we do not comment on specific cases, we do not offer advice, and we will not answer abusive or insulting posts.

While we will attempt to explain U.S. immigration policies and provide overall visa application guidance, any opinions expressed are the personal views of the writer and do not necessarily reflect the views of the United States Government.

There is a separate Immigrant and Diversity Visa thread at https://www.nairaland.com/1792591/u.s-immigration-questions-ask-u.s., also handled by a U.S. Foreign Service Officers in Nigeria, so please use this thread only for questions about Non-Immigrant Visas.

We look forward to hearing from you!

Our best,
AbujaNIV

olajay5:
Dear VO,

I planned to apply for a US B1/B2 visa for my family's holiday. I have the son of my late elder brother aged 13 years and in a secondary school staying with me and I want to include him in the application. What document will I need to show that I am his guardian and that I am responsible for his schooling and upkeep? Please note that his mum has divorced my late brother and abandoned the child even before the demise of my brother.

Thank you for your anticipated response.

cuteyem:

Hi VO,

I intend to apply for a US tourist visa for myself, wife and child (we plan to visit next year). I work for a very reputable multi-national organisation with a great visa success rate but my wife is currently not working. I have two questions:
1.) What are our chances of getting visas seeing my wife is not working and what documents do I come with to better prove my case (strong ties to home country)

2.) Our child has not been born but we plan to travel with when she is born . Before I submitted my online application, I included my wife as accompanying party but not our child as she is still in the womb. Will this be an issue at the interview?

NB we are a young couple still in out 20s
Thanks

akfaa:
Hello AbujaNIV, I applied for a US visit visa last year and was asked if i was pregnant, i said no even though i was, and was denied. i intend to apply this month with my husband and son, do i answer yes to the question "Have you ever sought to obtain or assist others to obtain a visa, entry into the United States, or any other United States immigration benefit by fraud or willful misrepresentation or other unlawful means?" which is on my DS160?

Bekeee:
Hello Sir, please I would appreciate your kind advice. I was recently denied the b1b2 category visa purpose was to attend a conference. applied as single although getting married this month, no travel history and also stated I had a relative in the US. I intend to reapply but I need to be guided properly, how soon can I reapply in this case. thanks

abujaniv:


All legal documents supporting this claimed relationship.

Ivoryqueen:
Hello.. pls I am trying to renew bi/b2 visa using drop box. I am not sure if I did ten printing during my last interview so I am not certain what to fill on my ds160 form. What do i do?
2.when I tried to fill the drop box questions @ www.ustravedocs.com. I was told that my personal details matches a profile which already exists. They gave me an email address which I think belongs to a logistics personnel in my company in charge of my visa and travel arrangements at that time. I have sent them a mail to that effect. What else can I do to resolve this so I can get my confirmation letter asap.. thanks

.

olajay5:


Dear VO

Thank you for your response. However, I don't have any legal document other than his birth certificate and my brother's death certificate. Will these two suffice or would I have to go to a court to swear an affidavit? Please kindly advice on what is acceptable for your purpose.

abujaniv:


Unless you were told otherwise you can apply whenever you wish; however, we'd advise you to seriously consider how significant the change in your ties are that would make you more qualified now than your most recent interview.

trav:
Hello Abujaniv.

Thank you for the good work your are doing. Please allow me to take advantage of this forum to clear an issue bothering my mind.

Myself, my wife and our 2 kids were issued B1/B2 visas in February 2013 with the plan of travelling for holidays. However just before we were to travel, we lost two very close family members and due to the emotional effect we had to suspend every holiday travel plan for that year
(We have always traveled overseas for summer but never been to the US as at then).

By December of the same year 2013, my wife discovered that she was pregnant and we decided to plan our trip towards her maternity leave and to use the visas for birth purpose/holiday in the US. I sent a mail to the US embassy notifying them of our change of travel plan and got a generic response.

We traveled in July 2014 to give birth and paid every hospital and medical bill. I know you do not deal with specifics but I will appreciate your response on whether we have or have not broken any rule since we were unable to use the visas for the initial purpose. Most especially now that I want to renew our visas via dropbox.

Thank you for your response

Absmorpheus:
Hello...i have a friend in US who introduced me to a lady(citizen), the lady now wants me to be her escort during her graduation ceremony.The church already sent me invitation and she is also planning to send her personal invitation too. Please what are my chance at the embassy cos we have not met physically.Thanks.

We don't give chances. We are not in the business of gambling.

newnewnew:
Abujaniv
Here's my dilemma,
I paid for my Visa Application fee on the 18/05/2016. I tried scheduling an appointment today being 03/08/2016 but I got the response " No valid record can be found for the entered receipt number. Please validate that your receipt number is correct and that you have paid the correct amount for the visa which you are applying for. [63682119]".
I qualify for dropbox as I was previously issued a 2 year B1/B2 visa.
I would like to know what the problem is. My Receipt Number is 63682119.
I look forward to getting a response as soon as possible.
Thank you.

jonka:


I understand that for NIV renewal,applicant will be required to use the drop box services and will not need to appear for interview unless on special cases the consulate calls for interview of such person.Now,an applicant for renewal of NIV and wants to apply with the spouse(who has never had a NIV) as a group/couple application,will such a person still use the drop box or not?Can such a person use the drop box and appear for interview with the spouse(who is a fresh applicant/never had a NIV).I hope you understand better now.Thanks