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Is adopted child who is F-1 visa holder able to study in public school?

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  • Is adopted child who is F-1 visa holder able to study in public school?

    My wife and I are US citizens and live in Seattle, WA. We adopted the boy who is international student with F-1 visa and studying in a private middle school in US. According US immigration law, our adopted son must be legal custody, and has resided with us for at least two years before we are able to apply immigration visa for him.
    1. In those two years or longer can we transfer our adopted son to public school to continue his study before our adopted son get immigration visa?
    2. Currently our adopted son still is F-1 visa holder and has valid I-20. The public schools don’t issue any I-20. Is it legal to stay in US if our son gets into public school without any valid I-20 although he is US citizen’s adopted son. How do we resolve this problem?
    Thank you very much!

  • #2
    How old is the adopted son?

    --Ray B

    Originally posted by tt3 View Post
    My wife and I are US citizens and live in Seattle, WA. We adopted the boy who is international student with F-1 visa and studying in a private middle school in US. According US immigration law, our adopted son must be legal custody, and has resided with us for at least two years before we are able to apply immigration visa for him.
    1. In those two years or longer can we transfer our adopted son to public school to continue his study before our adopted son get immigration visa?
    2. Currently our adopted son still is F-1 visa holder and has valid I-20. The public schools don’t issue any I-20. Is it legal to stay in US if our son gets into public school without any valid I-20 although he is US citizen’s adopted son. How do we resolve this problem?
    Thank you very much!

    Comment


    • #3
      Originally posted by rayb View Post
      How old is the adopted son?

      --Ray B
      Our adopted son is 14 years old.

      Comment


      • #4
        There are a number of "gotchas" related to obtaining citizenship or even Permanent Resident status of an adopted child.

        1. Will the chlid be under 16 when adoption is completed? Did you have legal control of the child for at least two years before he reaches age 16?
        2. Is the child a relative of either you or spouse?
        3. Is the child an orphan, or is at least one of his natural parents deceased?
        4. Do you anticipate any problems obtaining relinquishment or "release of parental rights" from either or both natural parents?

        I think the choice of public or private schools, based on I-20 acceptance, is minor compared to issues above which affect immigration status eligibility.

        If the adoption has been completed already, that's half the battle, but obtaining interim Permanent Resident status (before citizenship will be allowed) is your next hurdle.

        --Ray B

        Originally posted by tt3 View Post
        Our adopted son is 14 years old.

        Comment


        • #5
          Originally posted by rayb View Post
          There are a number of "gotchas" related to obtaining citizenship or even Permanent Resident status of an adopted child.

          1. Will the chlid be under 16 when adoption is completed? Did you have legal control of the child for at least two years before he reaches age 16?
          2. Is the child a relative of either you or spouse?
          3. Is the child an orphan, or is at least one of his natural parents deceased?
          4. Do you anticipate any problems obtaining relinquishment or "release of parental rights" from either or both natural parents?

          I think the choice of public or private schools, based on I-20 acceptance, is minor compared to issues above which affect immigration status eligibility.

          If the adoption has been completed already, that's half the battle, but obtaining interim Permanent Resident status (before citizenship will be allowed) is your next hurdle.

          --Ray B
          Thank you very much, Ray,
          Our adoption has been completed already. My question is, is our adopted son able to study in public schools. If yes, is it legal that he stay in US without any valid I-20 during two years of our legal control before we apply immigration visa for him because the current I-20 will be expired and public schools don't issue any I-20?
          Of course, we know that will be another big hurdle for apply immigration visa for him after two years. But it will be after two years.

          Comment


          • #6
            I talked to someone yesterday whose sister is on an F-1 visa taking high school courses at a college, which is allowed to issue I-20 docs in her case I don't have any more information than that, but will be talking to the family members tomorrow and will try to obtain more specific info

            --Ray B

            Originally posted by tt3 View Post
            Thank you very much, Ray,
            Our adoption has been completed already. My question is, is our adopted son able to study in public schools. If yes, is it legal that he stay in US without any valid I-20 during two years of our legal control before we apply immigration visa for him because the current I-20 will be expired and public schools don't issue any I-20?
            Of course, we know that will be another big hurdle for apply immigration visa for him after two years. But it will be after two years.

            Comment


            • #7
              We have the same situation

              Our adopted daughter who is 13 years old and hold F1 visa. The private school she attend is not good. Can she study in public school? Or what other options we have?

              Comment


              • #8
                Originally posted by Emma Williams View Post
                Our adopted daughter who is 13 years old and hold F1 visa. The private school she attend is not good. Can she study in public school? Or what other options we have?
                Anyone "can" study in public school, as in the school cannot turn anyone away due to status. But for someone on F-1 who is supposed to study at a private school to study at a public school, it is a very bad idea because it leads to a 5-year ban unless you reimburse the public school for the expenses. This doesn't apply to any other status; e.g. if someone on B2 visitor visa or someone who is illegal attends public school, they don't have this ban -- it is just people who entered on F-1 who have this ban if attending public school.

                This is my personal opinion and is not to be construed as legal advice.

                Comment


                • #9
                  I think you are only allows a year at a Public High School, obviously you have to pay.

                  Comment


                  • #10
                    Originally posted by Emma Williams View Post
                    Our adopted daughter who is 13 years old and hold F1 visa. The private school she attend is not good. Can she study in public school? Or what other options we have?
                    I was an international student and I still have lots of friends who are international students. If you don't like the school, then find another private school. As far as I know, international students can't attend public school (unless it's an exchange program which lasts for 1 year and should be from the school in her home country with the American public school) I had a friend who did this but she moved to private school after 1 year because she couldn't stay. The reason why international students are required to go to private school because they don't pay tax which is what public school rely on

                    Comment


                    • #11
                      Originally posted by tt3 View Post
                      My wife and I are US citizens and live in Seattle, WA. We adopted the boy who is international student with F-1 visa and studying in a private middle school in US. According US immigration law, our adopted son must be legal custody, and has resided with us for at least two years before we are able to apply immigration visa for him.
                      1. In those two years or longer can we transfer our adopted son to public school to continue his study before our adopted son get immigration visa?
                      2. Currently our adopted son still is F-1 visa holder and has valid I-20. The public schools don’t issue any I-20. Is it legal to stay in US if our son gets into public school without any valid I-20 although he is US citizen’s adopted son. How do we resolve this problem?
                      Thank you very much!
                      I have the closest experience to this as I was adopted while I was on F-1 visa. After 1 year, my F-1 visa expired and I had my birth certificate so I was able to transfer to a public school because my adopted dad showed paperwork that i am under his guardian (his daughter) and he's a citizen that pay tax. they didnt ask for anything and im not sure but i was able to finish public high school. However, I am not from WA so i dont know about state law over there.
                      BUT later i know someone who was a F-1 visa and his adopted dad tried to get him enroll in public school but he got sent back to private school because his paperworks werent through. They could have gotten into trouble with immigration dept too.
                      when will his F-1 visa expire? if it expired and he does not go back to visit his home country and the adoption is done, then u can go and ask the public school. they might be able to enroll him. Show them what you have and they'll work with you. That's what my family did but dont take my words too seriously because it differs case by case. I was just in a very familiar situation like your family so I wanted to share

                      - - - Updated - - -

                      Originally posted by tt3 View Post
                      Thank you very much, Ray,
                      Our adoption has been completed already. My question is, is our adopted son able to study in public schools. If yes, is it legal that he stay in US without any valid I-20 during two years of our legal control before we apply immigration visa for him because the current I-20 will be expired and public schools don't issue any I-20?
                      Of course, we know that will be another big hurdle for apply immigration visa for him after two years. But it will be after two years.
                      What did your lawyer say? In my case, my lawyer applied for my immigration visa right away because I have adoption paper so I could reach the 16 year of age limit. My I-20 expired after a year and I went to a public school but I did not leave the U.S. because it complicated things. My cases had lots of obstacles so I wont get into that but consult a lawyer because mine applied for me right away. This was 2010 though, the law might have change. Sorry that's all i can help.

                      Comment

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