Guardianship of an 18yr old

audboogie · #1 05-21-2007, 03:03 PM

Mr. Guzman,

Is it possible for me and my dominican husband to claim guardianship of his 18 year old brother whom my husband has cared for for the past 8 years since their father died? He has cared for him in every way, housing, meals, schooling, money, basically is his father. We are trying to bring him here to US for his senior year of HIGH SCHOOL. INS is not a great help. They say to contact the high school we want him to go to. The high school is also unsure. He currently has a visiting visa that expires in July. He's had that renewed the past 3 years. What route do you suggest is the best for us to go as far as getting him here this september to finish up high school?
Thank you

Mirador · #2 05-21-2007, 04:16 PM

According to DR law, an 18 year old is considered an adult. Your husband's brother will have to apply for his residence visa himself. Considering that he is unemployed and not economically self-sufficient, your husband will probably have to sign an affidavit to the effect that his brother will not become a burden to the state....

audboogie · #3 05-21-2007, 10:50 PM

Quote:

Originally Posted by Mirador

According to DR law, an 18 year old is considered an adult. Your husband's brother will have to apply for his residence visa himself. Considering that he is unemployed and not economically self-sufficient, your husband will probably have to sign an affidavit to the effect that his brother will not become a burden to the state....

ok, that is no problem. If its just a matter of signing this paper that is easy. Maybe we should go that route then bc if DR law says he is adult, he applys and gets residency, then he can come on his own and go to school here?

Mirador · #4 05-21-2007, 11:00 PM

Actually, he doesn't have to wait to get his residencia to register in school here. He can register and go to school here just with his current passport, under a visitor or tourist visa, while he takes care of the paperwork for the residencia visa, which will take a few months. For this, contact Dr. Guzmán, Attorney at Law.

midnitemed · #5 05-22-2007, 12:44 AM

when you say "bring him here to US" do you mean "bring him here to the U.S."? I just wasn't sure if you are trying to get him to the U.S. or the D.R. If it is to the U.S. then D.R. law has nothing to do with it.

AnnaC · #6 05-22-2007, 08:59 AM

If he only wants to return to finish high school in the U.S. apply early for September. If his visitor visa has been renewed the past three years I don't see a problem renewing it again.

Here's the info Student Visas

audboogie · #7 05-22-2007, 09:41 AM

Quote:

Originally Posted by Mirador

Actually, he doesn't have to wait to get his residencia to register in school here. He can register and go to school here just with his current passport, under a visitor or tourist visa, while he takes care of the paperwork for the residencia visa, which will take a few months. For this, contact Dr. Guzmán, Attorney at Law.

His visitor visa expires in July 2007. So, we should go renew that now? I can fly him here in July and register him for high school with just his passport and visitor visa?

Im confused regarding all the possible student visas. F-1,F-2,J02,H-4. And the fact that the INS lady told me, "I don't know what he would do if you want him to go to high school-contact the high school and talk to the officer there that deals with foreing students" When i called the first time i didn't specify that he was coming for high school and i believe the information they gave me was for university leading me to believe there are different visas for university students and high school students....but that might not be true.

audboogie · #8 05-22-2007, 09:42 AM

Quote:

Originally Posted by midnitemed

when you say "bring him here to US" do you mean "bring him here to the U.S."? I just wasn't sure if you are trying to get him to the U.S. or the D.R. If it is to the U.S. then D.R. law has nothing to do with it.

U.S. as in United States

audboogie · #9 05-22-2007, 09:49 AM

Quote:

Originally Posted by AnnaC

If he only wants to return to finish high school in the U.S. apply early for September. If his visitor visa has been renewed the past three years I don't see a problem renewing it again.

Here's the info Student Visas

I don't see a problem in renewing his visitors visa, what i don't know is if i am able to register him in a public high school here in U.S. on a visitors visa. I thought the ins lady told me no but im going to call back today and ask again.

If i can't do this, which visa should i be trying to get him over here on? nonimmigrant student (F and M) or exchange (J) ?

AnnaC · #10 05-22-2007, 10:29 AM

Please read link Legal Requirements for F-1 Foreign Students in Public Schools

There are restrictions for foreign students

Quote:

Congress passed a law in 1996 that placed restrictions on foreign students in U.S. public elementary (kindergarten through eighth grades) and secondary (grades nine through twelve) schools. Secondary school is also called high school. The restrictions are given below:

prohibits foreign students from attending public elementary schools or publicly-funded adult education programs
limits secondary school attendance to twelve months
requires secondary school students to pay the school the full, unsubsidized per capita cost (cost for each student) of education.