Parents status of F-1 elementary school students in US

[Joongyo]

I'm a Canadian citizen, and mother of two children (both are Canadian citizen).
My children (now 8th grade and 1st grade)want to go to elementary school in US.
I'm trying to get I-20 for my children, and my children will get F-1 status in US.

My concern is that there is no F-2 visa for students' parent.
What kind of visa or status should I use?
Can I just stay with my children in US with B-1/2 status?
I have no intention to work in US.
My husband (who is also Canadian citizen and working in Canada) will support me and my children.

[Steven]

Looks like a B-1/2 is the only way to do it: http://travel.state.gov/visa/temp/types/types_1268.html

Then you run into the problem we're talking about in the other thread, i.e the six-month stay rule. Which appears to be very rarely enforced when it comes to Canadians but there's always an outside chance.

What I've seen is parents accompanying their kids to the border, then they walk across to the nearest school or bus stop. Then they collect their kids at the border on the way back.

I'd guess the thing to do would be to check with the school to see if they have any other Canadian students so they could all move back and forth in a group and be safer.

How many days are there in a school year? It's usually around 180, I think - less than six months. You could just drive them across and drop them off and collect them.

[Joongyo]

Thanks Steve.

I will go to New Jersey, and my children will be attending a school in New Jersey.
So border across is not my case. We will be staying in US.

You think that B1/2 is the only way.
If so, when I go to the board or airport with my children, my children apply for F-1 status and I apply for just B1/2, INS officer will allow me to US giving me B1/2 status? or they might deny my admission to US?
I don't have any bad history entry of US and Canada before.

Thanks

[Steven]

To be honest I don't know, but I'd guess it's going to take some serious explaining. The six-month rule appears to be routinely violated by Canadian retirees and various others, but it's a whole different matter if you are going in with your kids who are going to a US school because it's going to raise a lot of questions. Obviously your kids can stay as long as they want on a valid I-20, but you can't. If you can demonstrate to the CBP agent that you will only be in the country during the school year and it totals six months or less, then you'll probably be okay, but it is a bit of an iffy one, I'd strongly suggest checking directly with them before trying it.

One thought springs to mind - why don't you go to college while you're there yourself, then you will all have I-20s.

[Reba]

Just curious, why do they want to go to school in the US? Is the school in New Jersey specialized or something and not available in Canada? AFAIK, that's the only way to get student visa for elementary school student, is if the programme is specialized and not available in Canada.

[Joongyo]

Most of my relatives live in US. We want to close with them.
That is the main reason we want to move to US.
I was looking for right visa, but I don't see any suitable for me.

E2 is possible. But I don't have $200,000 for set up business in US.

[Steven]

AFAIK, that's the only way to get student visa for elementary school student, is if the programme is specialized and not available in Canada.

I've seen kids crossing at the border crossing in California, coming in from Mexico. They looked elementary age to me (which is not to say they had visas, maybe they had relatives who are US citizens). And there was a thing on NBC news a few months back where the kids were in some school in Vermont/Québec where they cross the border every day. In that town they showed a cul-de-sac where the bottom of the street is in the US and the top is in Canada, and then to get onto the main road you turn into the US. Some of the buildings are on both sides of the border.

Some sort of special arrangement perhaps? Perhaps because the only school anywhere near is in that town it falls under that exemption you mention.

I've been in the US on an F-1 visa, I don't recall any age limit being mentioned but on the other hand it was a long time ago now.

[Steven]

I finally figured this out, very, very late in the day I realise but children can attend school in the US on an F-3 entry, this assumes they cross the border to go home every day. F-1 is more restrictive on the age limit.

Parents can take their kids to school on B-2.