boxfish

Hello all, new here...let's get right into it.

My mum is getting a job in the US (probably Philadelphia) me and my brother will accompany her on her H1 visa on H4 visas.

I am 17 now, but turning 18 in August, we will probably be going to the US in November/December. So I will have just turned 18 when we get to the US. When we get there I plan to go to college in the US, I've heard mixed things about getting in state tuition on a H4 visa, from what I've heard it depends on the College/University. Do I have to had been living in state for a year before I can pay in state tuition? That means I would have to sit around doing nothing for a year

Also I understand that while on a H4 visa, when I turn 21 I will have to go back to the UK? Unless I have a Green Card by them through my mums employer? This has me really worried, if I don't get a Green Card in time I will have to come back to the UK...and leave my family. Or if I have started the Green Card process before 21 do I get to stay?

Thanks for listening!

S Folinsky

A question comes to mind and I don't know the answer: does the H-4 allow attendance in secondary education? Again, I don't know the answer.

The question on tuition is generally a matter of STATE law. There is a Federal provision governing the matter -- California law made a work around that provision which was challenged in court. The court upheld the California provision and with the last month the Supreme Court denied certiorari.

Do note that there is always the possibility of F-1 student status.

If your mother gets to the "visa petition" stage of the green card process before you turn 21, then the provision of the Child Status Protection Act [aka "CSPA" not to be confused with the Chinese Student Protection Act also known as "CSPA"] may be of help.

A legal consultation might be in order. Also, the school FSA's are often up on this stuff [not always] and may know more than the lawyers. IMHO, the best person for a consultation would be Adam Green. Adam is not only an all around good guy and one of God's gifts to the planet, he is the maven on student status.

boxfish

Thanks for the help. I am pretty sure you can attend higher education on a H4, my concern is if I would be classified as an international/out of state student or a in state resident.

I understand I could transfer over to a F1 visa, but if I did that wouldn't that just put me in the position of an international student, meaning I would have to leave when I finish my degree? I really want to stay in the US with my Mum and brother.

boxfish

I just posted a reply and for some reason it's disappeared...not sure if it will come back or not, hahaha.

Basically, I said, thanks for your help, I'm pretty sure you can attend College/University on a H4, my concern is whether I would be classed as an out of state student or in state resident.

I understand I could go to F1, but wouldnt that make me have to leave the country after graduation?

meauxna

Residency for tuition purposes will be down to the school's policy.

http://london.usembassy.gov/work.html

Spouses and/or children under the age of 21 who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative H-4 visas. The application procedure is the same; the I-797A or B covers dependents.

H-4 verses F-1

There is no requirement that the spouse and/or children of an H-1 visa holder apply for a student (F-1) visa if they wish to study in the U.S.; they may study on an H-4 visa. However, if they are qualified, they may apply for the F-1 visa. If you have school age children, you should refer to the regulations governing the issuance of F-1 visas.

Working on an H-4 visa

The holder of an H-4 visa may not work on a derivative visa. If he or she is seeking employment, the appropriate work visa will be required.

Sally Redux

Have you finished school in the UK?

H4 is definitely OK for what we in the UK call 'secondary school'.

On the higher education question, you will need to check the regulations of the institution you wish to attend. Here in California, I believe you need to be resident for a year to get in-state tuition rates.

Something is nagging in my mind that H4 could be a problem for getting in-state rates, but not sure about it, sorry.

boxfish

Yeah, I have finished high school in the UK. And yeah I was worried I would have to wait a year to be a resident, which would result in me doing nothing for a year, since H4 can't work either. I found some other posts on the internet and a few people said they their son was getting in state rates on an H4, but it depends on the school.

But really my main concern is not getting the Green Card in time and having to move back to the UK. If you start the Green Card process before 21, am I allowed to stay after 21? I heard Green Cards can be really awkward, nobody really knows how long they take it seems.

Bob

How soon will the employers pursue the greencard? what is her category? Makes a big difference.

One thing with being on a F1, you would be allowed limited, part time, on campus work, which would be hard to get, but the option is there, which you wouldn't have while on H4.

What rates you pay is up to the university, they might consider you in-state if you reside with your mother and she's working in state, they might not. You'll just have to ask the institutions you are interested in about it.

AddyLaddy

We've started the GC process already as my son will turn 16 this year and we want to make sure he can stay in the US beyond age 21.

I spoke briefly to my company's attorney about this and she seemed to confirm that he would need to move from a H4 to a GC in order to complete his education beyond 21.
I asked whether he could transfer to an educational visa (F1?) but she said that would probably be denied as his links to the US (i.e. us) would be greater than his links to the UK.

Anyway, we're going for the GC and I also hope that PR will allow my son to qualify for in-state tuition fees and hopefully access to scholarships too?

boxfish

Thanks, by category do you mean what visa? She will be H1b and I don't really know how fast the employers will pursue a green card, hopefully within a year.

boxfish

AddyLaddy I'm no expert but I'm pretty sure your son will be eligible for in state rates, since by the time he's 18 you guys will most likely be considered residents of your state after living there for as long as you have. He may even have a Green Card by the time he's 18, if that's the case then he wont have any problems.

Sally Redux

Hmm it's a tricky stage to be moving over, as S Folinsky suggested, you might be best to consult a lawyer on your options.

Good luck with your plans.

Jerseygirl

I'll say...attending uni for 3 years then having to go back to the UK with another year of the course left before you graduate.

Steve_

On H-4 you can go to school and get in-state tuition rates for college (although some States argue the toss on that one, but there's case law on it - bear in mind illegal aliens can get it in some States, you'd need to check with a school in the State you plan on attending college in).

If you don't get LPR status, you can if you need to file I-539 and change status to F-1 when you turn 21, but if you do this then you will have to pay in-state tuition rates. However on F-1 you can at least get an on-campus work permit so you can work 20 hours a week and when you graduate you can get an OPT EAD, optional practical training for 12 months (which be extended by 17 months if you did a STEM course, Science, Technology, Engineering, Math.)

Obviously your mom needs to get her employer to file a labor certification/I-140/I-485 for her to get LPR status, given that you've got four years I won't go into great detail on that, there's sufficient time to do it provided the employer is willing. If she's EB-3 (which means there won't be a visa number immediately available and there will be a delay in the filing of the I-485), she can still renew her H-1B status after the I-140 is approved and you could retain your age limit under the provisions of the Child Status Protection Act despite being over 21, I suggest you read the regulations for the CSPA on the USCIS website for more information.

S Folinsky

Judgement call IMHO. I've seen them granted as "change of status." However, one might end up as what is called "landlocked" on these forums. BTW, if one files for a COS to F-1 while in H-4 status, a denial does NOT void the H-4.

On the tuition question, you really need to find out the situation for the particular school. A law school classmate was classified as a non-resident of Indiana because his parents lived in California. In addition, IU required that the initial classification could not be changed. So, when he returned to California to go to a UC law school -- he was classified as a non-resident because his parents had retired to Florida and he had resided for four years in Indiana! Go figure -- however, that classification only lasted his first year.

I know of another young man with a green card whose parents had returned to India. California Community Colleges classified him as in-state and later UC, on the same set of facts and same law, classified him as non-resident!

Also, don't necessarily rule out private -- there is often non-government aid available -- You just have to tell them "I can't do a FAFSA." Depending upon the school, it might not be all that more expensive than in-state tuition at many schools. [That said, "need based" evaluations will not make your parents happy -- college FAO's think that a five year old Hyundai is sufficient and there is no need for a late model Mercedes. Of course, whenever someone made a snide comment about a "rich lawyer" driving a ten year old Volvo, I just smiled and said "tuition payments."]

Good luck.