Can an EB-5 dependent be enrolled in a public school with B-1/B-2 visa?

You cannot enroll your child in school just because he obtained B-1/B-2. Unfortunately, as a result of the pending I-485, it is virtually impossible that he would be given any non-immigrant visa to enter the U.S.

I would need to know if an I-485 was filed for your son too. Generally, the primary investor and their family all file for AOS together.

Even though schools will not check immigration status, attending public school on B-2 visa is not a permissible B-2 visa activity and he will violate this status. Best way is to have your son on H-4 if you are maintaining your underlying H-1B status. Or alternatively, he can apply for F-1 for a private school.

The best way is to stay on the H-1B and have your son enter on an H-4. It is not wise to enter on a B-2 and attend school, as he would be barred for attending school on a B-2.

For someone who has been admitted as a visitor in B-2 status, he is not eligible to enroll in public schools; in fact, to do so could be considered visa fraud. While he may apply for admission and be admitted as a visitor, he should not attend public school unless he is able to change his status once he is in the U.S. from B-2 to F-1 non-immigrant status. Or, even better, he can obtain an F-1 student visa while abroad. However, given the fact that you&#39ve had an H-1B, he was eligible for H-4 status and as such, he could attend public school. If you&#39re still maintaining your H-1B status, under certain conditions, your son may still be eligible to apply for and obtain an H-4 status.

Unfortunately, before your I-485 is approved, your son''s options are limited. B-1/B-2 are tourist visas and as such they are intended for those people who are "visiting" the US not intending to immigrate of go to school here. If sending him to a private school is an option you could afford you might want to look into the F-1 visa.

No. He will have to get a student visa in his passport. Merely having the EB-5 approved and your I-485 pending does not give him any right to be here or to attend school.

No, he cannot attend public school on a B-1 visa. I-485 should not take two years, but at this point, it is probably too late to switch to consular processing. The approval of I-824 alone can take up to six months. Perhaps your son can get an F-1 and attend private school until he is able to adjust status to CPR.

If you filed I-485, you have been in a lawful status like H-1B. However, if your son comes in a B-1/2, which means he should visit without an intent to live here. I would recommend you to talk to your attorney and find what options are available and plan for your son.

Nobody on B-1/B-2 can be enrolled in public school.

He cannot attend public school on a B-1/B-2, but you can change his status to H-4 and then he can attend school.