I filed an I-526 petition three years ago with my son as my dependent. I was working in the U.S. with an H-1B visa then and my son was attending an elementary school in my home country. Recently my I-526 petition was approved, and I filed my I-485 petition. According to my immigration consultant, my son will not be able to get an EB-5 visa until my I-485 petition gets approved, which can take two years. However, I want him to be able to attend school in the U.S. as soon as possible. He is holding a valid B-1/B-2 visa now. Can I enroll him in a public school now? If not, is there any way that he can enter the country with an EB-5 visa while my I-485 is pending?
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.
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've had an H-1B, he was eligible for H-4 status and as such, he could attend public school. If you're still maintaining your H-1B status, under certain conditions, your son may still be eligible to apply for and obtain an H-4 status.
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.
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.
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.
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.
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.
