Violation of US Visa Status: Implications and Next Steps

It is clear that when you entered the United States with a Visitor Visa (B1/B2), your activities did not align with the terms of this visa. Specifically, enrolling your son in a public school despite your knowledge of the restrictions is a violation of your visa status. This incident has severe implications and potential legal consequences.

Understanding the Legal Framework

The B1/B2 visa is designed for short-term travel and is not meant for engaging in activities like education or employment. There are specific categories of visas, such as the F-1 visa, which are appropriate for students. However, in your case, the use of a visitor visa with the intention to enroll your son in school is problematic.

According to United States customs regulations, any activity that constitutes 'violation of the conditions of [your] status' as outlined on your visa form, such as enrolling in a course of study, is a serious violation.

Consequences of Violation

The immediate consequence of such a violation is the cancellation of your visa and potential negative impacts on future travel to the United States:

Permanent Bar to Entry: If your son was enrolled within 90 days of entry, you could face a presumption of willful misrepresentation and a permanent bar to entry. Visa Cancellation: Your visa has already been canceled, which means you are no longer allowed to stay in the United States under the current terms of your visa. Future Visa Applications: Future visa applications may be subject to stricter scrutiny and could be denied based on previous misrepresentation of visa terms.

Options for the Future

Given the circumstances, there are two primary options you should consider:

Option 1: Leave the Country

The most straightforward and safest option is to leave the country immediately. This will allow you to avoid any legal ramifications and ensure that you do not face any consequences for your actions. It is crucial to follow proper exit procedures to avoid any issues with customs and border protection.

Option 2: Stay and Await Immigration Legal Advice

If leaving the country is not an option and you are prepared to live in limbo, you may wish to consult with an immigration attorney. An attorney can guide you on how to navigate this difficult situation and potentially pursue strategies to avoid a permanent visa ban. They may also help you understand your rights and responsibilities under U.S. immigration law.

Further Implications for Your Son

On the positive side, your son will not face any direct legal consequences related to this incident. Public schools in the United States are required to provide free education to all children within their district's boundaries, regardless of their immigration status. So, your son is unlikely to experience any adverse effects from the actions you took while he was enrolled in school.

Conclusion

The violation of your US visa status is a significant issue that requires immediate attention. Whether you choose to leave the country or seek legal assistance, it is essential to take proactive steps to ensure compliance with U.S. immigration laws and avoid any further complications. Consulting with an immigration attorney can provide you with the guidance you need to navigate this complex situation effectively.