Dependent Children, Visa Status and Schools
In most cases, a non-immigrant visitor's minor child (unmarried and under 21 years of age) is eligible to apply for a dependent visa, and either accompany or follow to join the principal visa holder to the United States. However, it is often confusing whether a nonimmigrant child may attend school in the U.S. The table below addresses many questions related to dependent visa status and attending schools.
(See also: Dependent visa for spouse and school information)
General rules (exceptions and restrictions apply):
- A child in dependent visa status is usually allowed to attend K - 12 school, and in some cases may even attend post-secondary school as a full-time student without the need to obtain F-1 status.
- A child attending school must still abide by the rules governing his/her nonimmigrant status.
- A child is not allowed to extend his/her stay for the purpose of finishing a school year or program.
- A child must apply for his/her own visa status after turning 21 years of age, except for certain A, G and NATO visa categories.
- A child in dependent visa status is usually allowed to change his/her status to F1 or M1, except for children in K nonimmigrant status.
| If your nonimmigrant visa status is: | Your child may come to the U.S. in dependent visa status: | Your child may attend K-12 school [11] | Your child may attend college or university [12] | You child may change status to F-1, M-1 or J-1 | |
| A-1, A-2 or A-3 | Foreign government officials | A-1, A-2 or A-3 [1] | Yes | Yes | Yes |
| B-1 | Visitor for business | None [2] | limited [3] | No [4] | Yes |
| B-2 | Visitor for pleasure | None [2] | limited [3] | No [4] | Yes |
| C-1 to C-4 | Aliens in transit | None | N/A | N/A | N/A |
| D-1 or D-2 | Crewmen | None | N/A | N/A | N/A |
| E-1 | Treaty trader | E-1 | Yes | Yes | Yes |
| E-2 | Treaty investor | E-2 | Yes | Yes | Yes |
| F-1 | Academic student | F-2 | Yes | No [5] | Yes |
| G-1, G-2, G-3, G-4 or G-5 | Representatives to International Organizations | G-1 to G-5 | Yes | Yes | Yes |
| H-1B | Specialty worker or fashion model | H-4 | Yes | Yes | Yes |
| H-1C | Nurses | H-4 | Yes | Yes | Yes |
| H-2A | Agricultural worker | H-4 | Yes | Yes | Yes |
| H-3 | Trainee | H-4 | Yes | Yes | Yes |
| I | Foreign media representative | I | Yes | Yes | Yes [6] |
| J-1 | Exchange visitor | J-2 | Yes | Yes | Yes [7] |
| K-1 | Fiance(e) of U.S. citizen | K-2 | Yes | Yes | No [8] |
| K-3 | Spouse of U.S. citizen | K-4 | Yes | Yes | No [8] |
| L-1A | Intracompany transferee - Manager | L-2 | Yes | Yes | Yes |
| L-1B | Intracompany transferee - Specialized knowledge | L-2 | Yes | Yes | Yes |
| M-1 | Vocational or language student | M-2 | Yes | No [9] | Yes |
| N-8, SK-1, SK-2 or SK-4 | Special immigrant (Certain Parents and Children of section 101(a)(27)(I)) | N-9 | Yes | Yes | Yes |
| NATO-1 to NATO-7 | North Atlantic Treaty Organization | NATO1 - 7 | Yes | Yes | Yes |
| O-1 | Worker with extraordinary abilities | O-3 | Yes | Yes | Yes |
| O-2 | Alien's (support) accompanying O-1 | O-3 | Yes | Yes | Yes |
| P-1, P-2 or P-3 | Athlete, artist or entertainer | P4 | Yes | Yes | Yes |
| Q-1 | Cultural exchange visitor | None [10] | N/A | N/A | N/A |
| Q-2 | Irish Peace Process Cultural and Training Program (Walsh Visas) | Q-3 | Yes | Yes | Yes |
| R-1 | Religious worker | R-2 | Yes | Yes | Yes |
| S5 or S6 | Witness or Informant | S7 | Yes | Yes | Yes |
| T-1 | Victim of trafficking | T-3 | Yes | Yes | Yes |
| TN | North American Free Trade Agreement (NAFTA) | TD | Yes | Yes | Yes |
| TWOV (C4) | Transit without visa | None | N/A | N/A | N/A |
| U-1 | Victim of certain criminal activity | U-3 | Yes | Yes | Yes |
| V-1 | Spouse of an LPR | V-3 | Yes | Yes | Yes |
| V-2 | Child of an LPR | V-3 | Yes | Yes | Yes |
- A dependent child in A, G or NATO visa status may remain in the US to complete full-time study at a post-secondary school even after turning 21 (up to 25 in some cases).
- A child, however, may apply for his/her own B1, B2 or B1/B2 visa to accompany a parent to the U.S.
- In some cases a child in B status is allowed to attend K-12 school if the study is incidental (i.e. not the purpose for obtaining the B visa).
- Dependent children in B status cannot attend post-secondary school without changing their status to F1 or M1 first. Changing from B to F1 status in the U.S. may be difficult unless the intent to study was properly declared.
- A child in F-2 status may attend K-12 school, but may not study at post-secondary level except for taking recreational classes. To attend post-secondary school full-time, an F-2 child must change status to F-1, M-1 or J-1. Note that F1/M1 students must attend SEVP Certified Schools.
- A child of a foreign media representative in I status may study without the need for a change of status to F1.
- For the J visa category, the two-year residence waiver or special waiver for medical graduates may be required before a change of status is allowed.
- K visa holders may not change status
- A child in M-2 status may attend K-12 school, but may not study at post-secondary level except for taking recreational classes. To attend post-secondary school full-time, an M-2 child must change status to F-1, M-1 or J-1. Note that F1/M1 students must attend SEVP Certified Schools.
- There is no provision for the spouse and children of a Q-1 visa holder.
- K - 12 school refers to elementary, middle or high school (kindergarten to 12th grade).
- Post-secondary school refers to college or university.
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