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  1. #1

    Post Can children study on a visitor's visa?

    Hi,

    I am confused as to what the law says here. I have been told that my daughter (5 years old) could go to school (kindergarten) while we are on a B1/B2 visa provided she is given a SSN.
    I have contected SSO and they replied that it was possible. I would need to apply by person.
    On the other hand I have read somewhere that no-one is allowed to study on a B1/B2 visa. If it's found out my visa and my daughter's visa could be revoked.
    I just want to do what's legal. Does my daughter have to go to school by law or does she not.
    I am travelling on a B1/B2 visa with the intention to find a suitable course and study. (given 9 months on B1/B2)
    Any advice will be very much appriciated.
    Last edited by anaturex; 10-13-2005 at 08:46 AM.

  2. #2

    Default

    People on visitor visa can NOT get social security number.

    If someone at SSA told that it is possible, please try it and post your experience as it will be a news for me.
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  3. #3

    Default

    Thank you.
    In that case I don't know if it's worth trying. I received an email from them
    regarding my daughter's schooling and they replied that I would have to apply for a SSN for her by person. Maybe it was an automated reply totally omitting the content of my email. Anyway, they can be right. You can apply but then it can be declined!

  4. #4
    Join Date
    May 2005
    Posts
    114

    Default

    Quote Originally Posted by anaturex
    Hi,

    I am confused as to what the law says here. I have been told that my daughter (5 years old) could go to school (kindergarten) while we are on a B1/B2 visa provided she is given a SSN.
    I have contected SSO and they replied that it was possible. I would need to apply by person.
    On the other hand I have read somewhere that no-one is allowed to study on a B1/B2 visa. If it's found out my visa and my daughter's visa could be revoked.
    I just want to do what's legal. Does my daughter have to go to school by law or does she not.
    I am travelling on a B1/B2 visa with the intention to find a suitable course and study. (given 9 months on B1/B2)
    Any advice will be very much appriciated.
    Which law were you referring to? Who shared the information that your daughter on a B1/B2 can go to school? Is it someone from the USCIS or a school in the USA?

  5. #5

    Default

    Oh, it was from the primary school in US. I don't know if private schools are
    any different but the public school I phoned said my daughter would need to go to school and she would need a SSN. In the UK I would get into trouble if I didn't send my daughter to school.
    Maybe it's different in US with non-residents. Or maybe schools don't really know much about immigration law hence the wrong advice.

  6. #6
    Join Date
    May 2005
    Posts
    114

    Default

    Quote Originally Posted by anaturex
    Oh, it was from the primary school in US. I don't know if private schools are
    any different but the public school I phoned said my daughter would need to go to school and she would need a SSN. In the UK I would get into trouble if I didn't send my daughter to school.
    Maybe it's different in US with non-residents. Or maybe schools don't really know much about immigration law hence the wrong advice.
    I was browsing through the SSA website, and they will issue a social security number as long as there is a law requiring them to do so. If a school is willing to admit a child who is on a B1/B2 visa, then you need a social security number. What I am puzzled with is - B1/B2 is a temporary visa. I would recommend asking the school spefically about admitting a 5 yr old who is on a B1/B2 visa. Here is a link to the SSA I was referring to...

    http://www.ssa.gov/pubs/10002.html#types

    The third type of card shows your name and number and notes, “NOT VALID FOR EMPLOYMENT.” We issue it to people:

    From other countries lawfully admitted to the United States without work authorization from DHS, but with a valid nonwork reason for needing a Social Security number; and

    Who need a number because of a federal law requiring a Social Security number to get a benefit or service.


    Also refer to the first paragraph at the following U.S Department of State website ...

    http://travel.state.gov/visa/temp/types/types_1268.html

    Note: I would recommend contacting the US Embassy in UK for more upto date information on your situation.
    Last edited by fitness99; 10-13-2005 at 04:15 PM.

  7. #7
    Join Date
    Aug 2005
    Posts
    425

    Default

    Leave aside the SSN issue. B1/B2 does not allow anyone to study,
    be it a nursery school. You are only here on a visit and visitors
    are not supposed to enrol in a school.
    When anaturex finds a school for himself which he is here to do
    and changes to F-1, his child will get an F-2 which will allow her to go
    to school.

  8. #8

    Default

    I understand that no one should be allowed to go to school on a visitor's visa. But why is it that the children of overstaying aliens who first entered the US on a visitor's visa but their I-94 expired on them be able to go to school?

    I read somewhere before that school age children whether legally in the US or not have go to school. How can an "illegal" alien do this if a SSN is needed to enter school?

  9. #9

    Wink

    Thank you guys. I think I am even more confused than before!
    I think I will try SSA and take it from there. I know that once I have my F-1 visa, my daughter will be issued a F-2 and everything will be straight forward.
    I will keep you posted on this one! I am leaving in 2 weeks time but I won't be heading down to the SSA Office on arrival. I think I will have to make an appointment first anyway. It will be interesting to find out on which side of the law they stand with a 5 year old!

  10. #10

    Question Children studying on a B1/B2 visa

    Just an update whoever maybe interested.

    I asked the immigration officer at the airport about my daughter's education while on a B1/B2. He said she would be able to go to any school (private or public) but will not be elligible for free education.

    Then I popped into the local public school. There I was told they will be able to take my daughter on without SSN! They just need her immunisation records and letter from her previous school regarding attendance.

    Yesterday I took all the stuff with me to the secretary and I was told education would be free after all. Even though my daughter is here on a B1/B2 visa.
    I don't quite understand this?!
    Has anyone had similar experience with confusing immigration law?

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