While many of my Non-Immigrant Visa clients come to the United States with spouse and/or children in tow on dependent visas, parents need to be mindful of their children’s immigration status as they approach adulthood. Oddly enough,and to the astonishment of many clients, the critical age to watch is 21, not 18. Children, on turning 21, will lose their dependent visa status, and must now independently qualify for his or her own visa classification.

In cases where parents are in the United States on an employment-enabled status, the dependent children can attend schooling in the United States on their dependent status (until age 21), without having to hold F-1 foreign student status. This includes pre-school, elementary school, secondary school, vocational school, and college/university.

While the benefit of this at first glance may not be readily apparent,the real benefit is financial. Whether you choose to put your child(-ren) into a private or public school, is of consequence to you, as your child usually qualifies for free or subsidized (in-State rate) tuition rates. If, however, a student is attending a school or institution of higher learning in the U.S. as a foreign student on F-1 immigration status, the child oftentimes has to pay the full, unsubsidized cost of tuition, or be obligated to reimburse public schools for the cost of attendance. The difference in rates can be as much 400%. Read more »