Downingtown, PA asked in Immigration Law for Pennsylvania

Q: I am on H1B, my children are born citizens. Can they continue to go to school if I were to change my status to B2?

Changing status from H1B to B2 due to job loss or personal reason, need additional time to dispose things in the states.

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1 Lawyer Answer
Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
  • Immigration Law Lawyer
  • Tampa, FL

A: Supreme Court case law affords children an education up through and including high school, notwithstanding their immigration status. Of course, a child in B-2 visitor status who attends school would be violating the terms of his/her visitor status, but the school would not (should not) prevent the child from attending classes. As your children are U.S. Citizens, according to your statement, not only would they be entitled to attend classes, but it would not even be considered a violation of any nonimmigrant status, like B-2 visitor status. If you have further questions about your children's situation or your own, consider scheduling a consultation with a competent immigration attorney. Many law firms, including mine, offer telephone or online video consultations during the COVID-19 crisis.

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