If I Return Home, Can My Children Stay in School Here?

Moving is a fact of life. It is extremely rare for an individual to be born in a house, life their entire life in that house, and then pass away in the same house.

That being said, moving is always a stressful time, especially if an individual has children who are currently in school. No one wants to have to uproot a child in the middle of their education, and separate them from their friends.

When it comes to immigration, and more specifically, work visas, avoiding uprooting children gets a little trickier.

Usually when an individual comes into the U.S. on a work visa and brings family members with him/her, they are there as part of the main visa holder. If that main visa holder then returns home, then the individuals that remain behind (children going to school, mother of the children staying with them for the time being) will need their own visas, even if the stay is only for a month or two.

Most commonly, the way to go about this is to have the mother file for a tourist visa (B2), just for the period of time it takes her children to finish school. This request has usually been granted without much argument in the past.

Several documents will be required during this process, such as the Form I-539, a filing fee, a written letter stating why an extended stay is warranted, a bank statement showing that the family can sustain themselves during their stay, and a photocopy of the filer’s I-94 and passport.

In addition, the students will need to have their own student visas. Many people forget this step, but technically without performing it, the students would be in illegal status.

Hopefully these tips helped outline the process that must be taken to remain in the U.S. after a work-visa holder returns home.

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