How do I go about getting a student visa for my 8 year old sister?

Question

My parents are immigrating to the US by the legal way, but my little sister cannot come with them. We don't have anybody to take care of her over there. My very last option is to temporarily get a student visa for her while one of my parents becomes elegible to petition for her. Is this possible? She won't qualify for a Turist Visa. I've heard about F1 visas for college students, what about for an 8-year-old? Thanks for any answers.

Answer 1

F-1 visas are no longer issued to foreign students to attend PUBLIC elementary or middle schools. BUT, your sister may have a chance to apply for PRIVATE elementary schools and language schools in US and be able to admit as a F1 student. you should check with the private schools at your area for their international student admission requirements. make sure you check or ask if those schools are approved by ICE in compliance with the SEVIS program.
good luck.

Answer 2

For her to enter as an F-1 student would be a facade in that F-1 students are supposed to have a foreign residence that they do not intend to abandon. The fact that you are considering the use of a student visa to bypass the wait for an immigrant visa only supports the idea that she isn't really coming to the U.S. temporarily as a student.

As you may know, foreign students cannot attend public school for more than one year, and that has to be in a secondary school, not an elementary school.

I'm not sure what country you're from. If its Mexico, the wait time for your sister, if one of your parents petitioned for her would be 5 to 6 years. If just one parent came to the U.S.and the other parent stayed until your sister could immigrate, that would work.

If you have read some of the other stories here from older children who are suffering now because their families didn't do the right thing when they were young, you'd know the answer.

You can't get hurt doing it by the law and regulations, even though a sacrifice may be necessary.

Answer 3

It's sad, but I don't think she qualifies for an F-1, no matter which school accepts her. She is an intending immigrant. Every non-immigrant has to prove their ties to a foreign country to be admitted as a non immigrant. This applies to minors, too. With a sister in the US and parents immigrating (and with no one to watch her in another country), she has no ties to another country, making her illegible for admission as a temporary (F-1) visitor.

You didn't say which method your parents are using to immigrate, nor why their minor child (your sister) cannot accompany them. Perhaps they're immigrating through you?

Your very last option is to petition CIS on humanitarian reasons for help. You might see about getting legal help. Or you can go to the CIS office near you and cite humanitarian reasons.

Sorry I couldn't give you better news. But don't give up.