Created May 2010

Can my children attend public schools while on TPS?

Yes, public education from kindergarten to 12th grade is open to all children. It does not matter what your immigration status is.  Schools should not ask about your child's immigration status.

Source:  Plyler v. DOE, 457 U.S. 202 (1982)

Can my children attend public schools while on a B2 visa?

Schools should not ask about your child's immigration status. Public education from kindergarten to 12th grade is open to all children.  But, visitors on B2 visa will violate their B2 immigration status if they attend school.  Immigration rules require changing your B2 visa to a F visa before going to school.  If you attend school while on a B2 visa, you may not be able to extend your B2 visa.

Source:  Plyler v. DOE, 457 U.S. 202 (1982) 

I am on a student visa.  What are my options?

If you have a Nonimmigrant F-1 student visa, you are from Haiti and you can not pay to go to school full-time any more, you may be able to get off-campus employment authorization. If you are an F-1 student and you can show that you are from Haiti, you can apply for employment authorization to work off-campus.

To apply for employment authorization to work off campus submit:

  1. a recommendation from the Designated School Official
  2. Form I-765, Application for Employment Authorization. The filing fee for Form I-765 is $340 (Please refer to the Form I-765 for instructions) and
  3. Form I-20.

You can also apply for TPS and it will not affect your student visa status.  Once TPS expires, you will revert back to the immigration status you had before TPS, unless that immigration status has also expired.

Source:  USCIS Relief Measures Questions and Answers
 

Get Legal Help

Before you talk to USCIS always speak with an Immigration Specialist.

Get Legal Help

Before you talk to USCIS always speak with an Immigration Specialist.

 

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