Guardianship of an 18yr old

A

audboogie

New member
Jul 4, 2004
313
0
0
Mr. Guzman,

Is it possible for me and my dominican husband to claim guardianship of his 18 year old brother whom my husband has cared for for the past 8 years since their father died? He has cared for him in every way, housing, meals, schooling, money, basically is his father. We are trying to bring him here to US for his senior year of HIGH SCHOOL. INS is not a great help. They say to contact the high school we want him to go to. The high school is also unsure. He currently has a visiting visa that expires in July. He's had that renewed the past 3 years. What route do you suggest is the best for us to go as far as getting him here this september to finish up high school?
Thank you
 
M

Mirador

On Permanent Vacation!
Apr 15, 2004
3,563
0
0
According to DR law, an 18 year old is considered an adult. Your husband's brother will have to apply for his residence visa himself. Considering that he is unemployed and not economically self-sufficient, your husband will probably have to sign an affidavit to the effect that his brother will not become a burden to the state....
 
A

audboogie

New member
Jul 4, 2004
313
0
0
Mirador said:
According to DR law, an 18 year old is considered an adult. Your husband's brother will have to apply for his residence visa himself. Considering that he is unemployed and not economically self-sufficient, your husband will probably have to sign an affidavit to the effect that his brother will not become a burden to the state....
Click to expand...

ok, that is no problem. If its just a matter of signing this paper that is easy. Maybe we should go that route then bc if DR law says he is adult, he applys and gets residency, then he can come on his own and go to school here?
 
M

Mirador

On Permanent Vacation!
Apr 15, 2004
3,563
0
0
Actually, he doesn't have to wait to get his residencia to register in school here. He can register and go to school here just with his current passport, under a visitor or tourist visa, while he takes care of the paperwork for the residencia visa, which will take a few months. For this, contact Dr. Guzm?n, Attorney at Law.
 
M

midnitemed

New member
Dec 7, 2005
68
0
0
when you say "bring him here to US" do you mean "bring him here to the U.S."? I just wasn't sure if you are trying to get him to the U.S. or the D.R. If it is to the U.S. then D.R. law has nothing to do with it.
 
A

AnnaC

Gold
Jan 2, 2002
16,050
418
83
If he only wants to return to finish high school in the U.S. apply early for September. If his visitor visa has been renewed the past three years I don't see a problem renewing it again.

Here's the info Student Visas
 
A

audboogie

New member
Jul 4, 2004
313
0
0
Mirador said:
Actually, he doesn't have to wait to get his residencia to register in school here. He can register and go to school here just with his current passport, under a visitor or tourist visa, while he takes care of the paperwork for the residencia visa, which will take a few months. For this, contact Dr. Guzm?n, Attorney at Law.
Click to expand...

His visitor visa expires in July 2007. So, we should go renew that now? I can fly him here in July and register him for high school with just his passport and visitor visa?

Im confused regarding all the possible student visas. F-1,F-2,J02,H-4. And the fact that the INS lady told me, "I don't know what he would do if you want him to go to high school-contact the high school and talk to the officer there that deals with foreing students" When i called the first time i didn't specify that he was coming for high school and i believe the information they gave me was for university leading me to believe there are different visas for university students and high school students....but that might not be true.
 
A

audboogie

New member
Jul 4, 2004
313
0
0
midnitemed said:
when you say "bring him here to US" do you mean "bring him here to the U.S."? I just wasn't sure if you are trying to get him to the U.S. or the D.R. If it is to the U.S. then D.R. law has nothing to do with it.
Click to expand...

U.S. as in United States
 
A

audboogie

New member
Jul 4, 2004
313
0
0
AnnaC said:
If he only wants to return to finish high school in the U.S. apply early for September. If his visitor visa has been renewed the past three years I don't see a problem renewing it again.

Here's the info Student Visas
Click to expand...

I don't see a problem in renewing his visitors visa, what i don't know is if i am able to register him in a public high school here in U.S. on a visitors visa. I thought the ins lady told me no but im going to call back today and ask again.

If i can't do this, which visa should i be trying to get him over here on? nonimmigrant student (F and M) or exchange (J) ?
 
A

AnnaC

Gold
Jan 2, 2002
16,050
418
83
Please read link Legal Requirements for F-1 Foreign Students in Public Schools

There are restrictions for foreign students

Congress passed a law in 1996 that placed restrictions on foreign students in U.S. public elementary (kindergarten through eighth grades) and secondary (grades nine through twelve) schools. Secondary school is also called high school. The restrictions are given below:
  • prohibits foreign students from attending public elementary schools or publicly-funded adult education programs
  • limits secondary school attendance to twelve months
  • requires secondary school students to pay the school the full, unsubsidized per capita cost (cost for each student) of education.
Click to expand...
 
A

audboogie

New member
Jul 4, 2004
313
0
0
AnnaC said:
Please read link Legal Requirements for F-1 Foreign Students in Public Schools

There are restrictions for foreign students
Click to expand...


Right, i saw that, read that, and got the quote for his public education it is 5,000 something dollars. But im getting confused because some people are saying I can sign him up for high school with him coming over on his visitors visa, and paying for his school is what you do when you fill out the I-20 which is a student visa form. So do i have him come over here on visitors visa, and fill out the I-20 here? If so, then who would i be dealing with-US counslete or DR?? Does all this need to be done before he starts school?
 
A

AnnaC

Gold
Jan 2, 2002
16,050
418
83
Forget the DR it has nothing to do with DR. You are trying to get him into the US to study therefore you need to deal with US laws and it would make sense to do all this before he starts school of course.

Call US immigration if the answers are not on the website.
 
C

Chris_NJ

Bronze
Dec 17, 2003
614
13
18
45
I am not sure if this is true but I remember hearing something along the lines that you do not have to declare your legal status when enrolling in US public school. I heard this in relation to when things got rocky in Venezuela many families came on their tourist visas and registered their kids at public schools in Florida. I don't think it was legal for them to do this and it certainly would put a strain on the on the school systems' resources but I don't think there is a way to stop someone from enrolling kids in US public schools.\

Maybe someone else knows more about this.
 
A

audboogie

New member
Jul 4, 2004
313
0
0
Chris_NJ said:
I am not sure if this is true but I remember hearing something along the lines that you do not have to declare your legal status when enrolling in US public school. I heard this in relation to when things got rocky in Venezuela many families came on their tourist visas and registered their kids at public schools in Florida. I don't think it was legal for them to do this and it certainly would put a strain on the on the school systems' resources but I don't think there is a way to stop someone from enrolling kids in US public schools.\

Maybe someone else knows more about this.
Click to expand...

I'm thinking it's not legal therefore i won't go that route because like i said, he's going to sign sometime with some team so i would never want to do something illegal now when eventually he'll get here anyway on a working visa. I prefer he goes to college then signs opposed to signing this summer and going to camp in DR for next 4 years practicing when he can go to college over here and have a degree or years towards it so after baseball he has something to fall back on.
 
H

Hipocrito Mejia

Bronze
Jan 5, 2006
1,582
38
0
The maximum time that a person is allowed to stay in the US on a visitor's visa is 6 months. This, by the way, is not advisable, as it raises a red flag with US immigration officials, who have the right to revoke that visa at any time, and would very likely exercise that option upon his next attempt to enter the US.

He has to get a student visa (F1), unless he wants to stay here past the allowed time, at which point he would be here illegally.
 
A

audboogie

New member
Jul 4, 2004
313
0
0
Hipocrito Mejia said:
The maximum time that a person is allowed to stay in the US on a visitor's visa is 6 months. This, by the way, is not advisable, as it raises a red flag with US immigration officials, who have the right to revoke that visa at any time, and would very likely exercise that option upon his next attempt to enter the US.

He has to get a student visa (F1), unless he wants to stay here past the allowed time, at which point he would be here illegally.
Click to expand...

The visitor visa is valid for one year and your saying at any one time he's only allowed to stay for 6 months? I did not know this. Thank you for the information. I talked to the private school here, they will accept him. (of course) but the public school i would like him to go to I am in contact with the lawyer of the school who is currently finding out if they will fill out I-20. I spoke with him Friday and he said because he's 18 it might hurt us b/c we won't be able to fill out the legal guardianship paper. He's checking on what we can do.
 
A

audboogie

New member
Jul 4, 2004
313
0
0
Translation Please

Can anyone translate the following for me

1. TB

2. Hepatitis B

3. Polio

4. Measles, Mumps, rhubella


All cognates??!
 
C

Chirimoya

Well-known member
Dec 9, 2002
17,850
982
113
1. TB - tuberculosis

2. Hepatitis B - same in Spanish

3. Polio - same in Spanish

4. Measles, Mumps, rhubella - Sarampi?n, paperas, rubeola.
 
H

Hipocrito Mejia

Bronze
Jan 5, 2006
1,582
38
0
audboogie said:
The visitor visa is valid for one year...
Click to expand...
The visa is valid to enter the US during that 1 year period, but the time that he's allowed to stay is determined by the immigration official at the time of entry. The maximum stay allowed is 6 months, but as I pointed out previously, that's not really a good idea.
 
A

audboogie

New member
Jul 4, 2004
313
0
0
Hipocrito Mejia said:
The visa is valid to enter the US during that 1 year period, but the time that he's allowed to stay is determined by the immigration official at the time of entry. The maximum stay allowed is 6 months, but as I pointed out previously, that's not really a good idea.
Click to expand...

Im trying to find out if he is able to come here in middle of June on his visitors visa, and we will file the I-539 while he's here (petition to change status) as well as the I-20 (Student visa form) and if the visa expires while he's here because we are in the process, will he be ok. The INS agents do not sound sure of themselves, and if we do something wrong because they give us wrong information i don't want to screw up any chance of him not being able to come here. Agent told me as long as i have proof that i sent in the form he is ok....and i asked what if he is denied? She says he has to return to his country...well won't the custom agents see that his passport is expired and maybe take away his chances of coming here again?? What time frame does he have to leave after he's notified he's denied?? she just said he needs to return. One week, month year? Im going to try again another agent. This isn't easy!
 
You must log in or register to reply here.
Top Bottom