Need Help on Visa

Hey there seasoned adventurers,

I am in a huge pickle and require some help on getting a US Visa as a Canadian citizen. It's a pretty weird set of circumstances and I hope you'll be able to help me. I'll try to keep it brief.

I applied (and was accepted) to a Hawaiian Public High School to complete my grade 12 year. I'll be taking AP courses etc, so I'll be able to get my Diploma back here in Canada as well. Logically I went to apply for the F-1 Visa. Problem is, since the Sept. 11th attacks of 2001 the Hawaiian Public Schools have not had the right re-granted to them to issue an I-20 form which is vital to F-1 Visa going through. The Hawaiian DOE has written to me saying as long as I can get a Visa to stay there the entire year they will let me attend the school even though I don't have the F-1 status.

Now the only option I can see is the B-2 Visitor's Visa which is only valid for a max of 6 months. I know you can get an extension on these but I've heard you generally need a good reason, often somethingunforeseen. How does that work? I also wondered if the 6 months only applied to the calendar year. Would I be able to come home for Christmas holidays, then return to the US on a New Visa for the New year? (A sort of back to back Visa Scheme) Would it be possible to extend the Visa by 10 months from the beginning? Or perhaps maybe the government would accept a written letter from the school in place of the I-20?

In all honesty, if anyone knows of ANY way this could work I would be most grateful. I need a Visa for the beginning of August to the end of June 2010. Maybe I can sort of "stack time" and use the 90 days without a Visa Policy to my advantage?

As the Hawaiian school year starts at the beginning of August, I am running out of time to visit the consulate and get my Visa approved. I hope that a clever canuck savvy in such affairs will be able to assist me.

Eagerly waiting for a reply,

Kieran

*Edit*

Upon doing more research, is it true that I am able to stay in the US for 6 months as a Canadian citizen? If so, is it by calendar year? Would it be possible to stay until X-mas, then return in the new year for another 6 months??

You can't study full-time as a visitor in B-2, if you say that at the POE you will be denied entry most likely. That's why F-1 exists.

The only way to attend public school in the US without F-1 (or perhaps M-1 or J-1, but they require State Dept. paperwork as well) that I'm aware of is F-3, which is for border commuter students, but given that you're talking about Hawaii, I can't see that you could pull that off.

I'm not sure why 9/11 would have a bearing on them issuing an I-20, I know the State Dept. introduced a requirement for more thorough identity checks which is why F-3 was created at the time.

You might want to check with the State Dept. and find out if the Hawaii DoE is actually still registered with them, because then all you have to do is get them to issue you an I-20 in accordance with whatever rules they can't be bothered to look up.

You can't study full-time as a visitor in B-2, if you say that at the POE you will be denied entry most likely. That's why F-1 exists.

The only way to attend public school in the US without F-1 (or perhaps M-1 or J-1, but they require State Dept. paperwork as well) that I'm aware of is F-3, which is for border commuter students, but given that you're talking about Hawaii, I can't see that you could pull that off.

I'm not sure why 9/11 would have a bearing on them issuing an I-20, I know the State Dept. introduced a requirement for more thorough identity checks which is why F-3 was created at the time.

You might want to check with the State Dept. and find out if the Hawaii DoE is actually still registered with them, because then all you have to do is get them to issue you an I-20 in accordance with whatever rules they can't be bothered to look up.

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Hi, does anybody can help me, I have a Canadian daughter who had been living with me here in USA since she was 7 years old, last year she went to CANADA, and also went to the school overthere for that year, but she came to USA 3 days ago, but I her to stay over here with me, the problem is that I also don't have any status here in USA, and I know she needs a permit to go to the school here, can anybody tell me where I have to ask for that permit and what the procedures, also if I need ( the mother) to be leagally here in USA, she is going to be in her last year of High School and needs to finish.


Thanks

You've been living illegally in the US for 7 years? You might want to see an immigration lawyer actually. If you were to apply for a visa for her that would allow her to stay in the US, your current status will be revealed and you could both be deported.

Has she been registered in school in the US previously?

A few states are currently in the process of passing laws,and some already have, that illegals cannot attend post-secondary schools (no college or university) so life options are severely limited, and will be even moreso in the coming years. She won't be able to continue her education in the US after high school, nor will she be able to get a job. Doesn't sound like a very good life really.

I know she needs a permit to go to the school here, can anybody tell me where I have to ask for that permit and what the procedures, also if I need ( the mother) to be leagally here in USA, she is going to be in her last year of High School and needs to finish.

Well ignoring the "I'm illegally here" bit, there's basically two (legal) options for her. The first is F-1, and to get it there are several requirements:

She must be at least 14;
She can only go to a public school in the US as F-1 for a maximum of one year;
The local education authority must be registered with the State Dept. and be able to issue an I-20, which has an application procedure but for high school it's pretty straightforward.

Once she has the I-20 and has paid the SEVIS fee she can apply for F-1 status at the POE.

The real trick to this of course is whether the school board is State Dept. registered and even if they are, whether they are willing to issue an I-20 which was the original problem that started this thread. Some of the ones along the border (either border) are, but the further inland you get the less likely it is.

The second option is F-3, which is border commuter student, this is relatively straightforward to get but she must live at a Canadian address to get it. And obviously within reasonable commuting distance, they're not going to believe she commutes 200km or something silly like that every day.

What I strongly recommend is not for her to come in as a visitor and overstay, that will cause her problems for the rest of her life if she does, better to go to school in Canada instead.