E visa holders

[Sharon]

Hi

My husband and I are E visa holders and due for renewal soon.

I went to my childrens school to advise that we will all have to return to the UK for final interview and passport stamping

The school said they cannot approve unauthorized absence and we shall have to remove the children from the school. They did say that once we are back in the USA we could register the children again and they would accept them, but, they could not give any assurance that they would be in the same class they left as spaces may not be available. I am really worried about my children having to have new classes and settle with a different group of children

As we have pets, these have to be cared for in our absence. We were under the impression that we could renew whilst in the USA and not have to return to home country.

We have 3 children so the cost of the short trip will be high and as the final decision rests with the embassy are also worried they may deny even though approved in the USA.

Is it possible to renew in the USA, get the approval notice and not fly back? The reasons I ask, is we run a cash only business and would have to leave some-one to bank the daily takings and the issue with the childrens schooling

[floridapete]

Sorry to tell you, Sharon, that it all changed this past year when the USCIS announced that ALL renewals of visas (apart from diplomatic visas and some other minor exclusions) would ONLY be done in the visa holders country of origin. So this means that everyone has to return to whatever their country is - with all the expense and inconvenience that will entail. Not only Brits but ANY nationality and country !

I knew when I first saw the announcement that this was going to cause all kinds of heartache - but who cares ?

The "heart of America" at work once again - makes you sick don't it ?

[JulieC]

It shouldnt take too long in the UK though. It is taking months to renew, I know someone into their 9th month waiting a decision, but once that is made, you make an appointment with them and wait here until just before that date, then fly out just for the interview, the passport arrives back in 1-3 days so it should not be necessary to spend more than a working week back in the UK. Personally I would not have told the school, they could have been sick for a week, The school are imagining you being gone for weeks or even months, they may have had experience with this with someone denited at interview or detained for administrative processing which can happen. Only the embassy can now issues visas.

[Kriz1]

"they cannot approve unauthorized absence "

So they remove the kids from the school and this is making life better for everyone in what way..??

I can't believe the school would do such a thing..I would find out if there is anyone higher up you can talk too..if its just a week or so it would be maddness to remove them...my son has had countless trip off school to visit grandparents staying in FL. with no trouble...is this a FL rule..because we don't have it in MA..

[DavidL]

For these reasons, it may be worth planning the visa renewal 'trip' to coincide with school holidays where E visa holders have children who attend school.

As far as notifying the school goes, I have to agree with the school that 'they cannot approve unauthorized absence.' Off course we have taken our daughter out of school during 'school periods' when we deemed it to be 'for the educational benefit of our daughter and in the best interests of her welfare in meeting the needs of suplementing her cultural experience of life.' We have never had anyone question our reasons.

[Kitty]

I wonder if the schools know something the US officers are not telling us, I have never heard of any London visa appointment being made quickly, and they appear totally unhelpful and really seem to resent the Brits wanting to live in the US. Is it because only we can afford the luxury villa and most US people have limited means and therefore own or rent only trailers?

[Kriz1]

I think that a bit hard on Americans..most where I live in MA own 2 or more homes..a lot of people in the US are very poor..but those kind of people have no power or way to make the US or UK Gov stop Brits from moving over here..I don't think they give a dam about what Brits have..they are too busy making a living..where I have a place in FL..almost all the people there are American..and some of the homes are by no means cheap....

[chris]

Sharon,
As a Kissimmee resident myself with a 7 and 10 year old in elementary school, don't accept what you've been told. Go back to them and see the Principal. If that fails contact Blaine Muse, the School Superintendent for Osceola County. If that fails, contact Jay Wheeler who is the school board and one who usually gets things done. If you want any further help, let me know. I have met Blaine Muse several times and also know Thomas Chalifoux who's the School Board Chairman. You are not the only Brit E2'r with this dilemma and Osceola County needs all the bright kids it can get.
Chris

[JulieC]

Jay Wheeler is a good guy. He was brill with me when I needed to get a child of almost 18 into senior year only of hugh school. If anyone can sort it out, he will.

[Picto]

Sharon

It sounds like Chris and Julie have some good advice for you with names to go with it.

I had the same situation and got the same response from the school. It boils down to the fact that schools are paid on a per pupil per day basis and unauthorized absences are costly for them (both financially and in terms of what is reported to the school district board). The bottom line is that they have given you advice based on their needs and not yours.

I went to see the principle and took this line: The policy of the United States Citizenship and Immigration Service - a government agency - is that I must attend the US consulate in my home country every 2 to 5 years in order to renew our legal status here in the US. I am therefore acting on official US government instruction. What part of this can be considered unauthorized absence?

Worked for me (and I had my children out for 12 weeks, twice [long story])

[Picto]

Arrghhh! My bad! Sorry, I replied to a post from 2006 that I thought was new! I need to get more sleep, sorry!

[Kriz1]

Its still good info...:)
It could help someone...

[JanetTom]

We had an appointment for March this year, and I explained in an e mail to them that it was not viable for me to take the rest of the family away from school and the business. They stated that I could go on my own, and the children and my husband could have their passports done at a later date. I never did go for the interview and have had one 90 day extension. Our situation has since changed and we no longer need to go back to the Embassy.


It may be worth asking if you can go on your own...... can`t harm!!

Janet

[Grumpy]

We had an appointment for March this year, and I explained in an e mail to them that it was not viable for me to take the rest of the family away from school and the business. They stated that I could go on my own, and the children and my husband could have their passports done at a later date. I never did go for the interview and have had one 90 day extension. Our situation has since changed and we no longer need to go back to the Embassy.


It may be worth asking if you can go on your own...... can`t harm!!

Janet

I thought you only had to take children that were over 14 years of age to the interview, or is that for another type of visa :confused: :confused:

[kirtida8]

We had an appointment for March this year, and I explained in an e mail to them that it was not viable for me to take the rest of the family away from school and the business. They stated that I could go on my own, and the children and my husband could have their passports done at a later date. I never did go for the interview and have had one 90 day extension. Our situation has since changed and we no longer need to go back to the Embassy.


It may be worth asking if you can go on your own...... can`t harm!!

Janet

If you no longer need to go to the Embassy to renew - why not extend your stay? Or am I missing something?

[v2002]

If you no longer need to go to the Embassy to renew - why not extend your stay? Or am I missing something?
"Our situation has since changed and we no longer need to go back to the Embassy."
:D May be the change of situation Jenet Tom- is referring to is that they got Greencards :D :tu:

[lxh11]

Your school is being very helpful in telling you to remove your children.

"Unexplained absences" have to be reported to the school district who in turn are obliged to report unexplained absences to child protection services, in case a child is - for example:

1. sick and not getting the right medical assitance
2. being abused
3. parents just not sending them to school (which means the parents could be fined and jailed)
4. kid saying they are going to school and then hopping a bus and going somehwere else.

The school primarily has the child's best interests at heart, and of course covering their behinds in making sure you understand the worst case scenario of your kids not being able to return to the same class (which imo seems an extreme scenario, not likely to happen).

Liz

[v2002]

Liz you are missing the point when you tell the school that you are taking your kids for Visa stamping (out of the country) than it is no more an "Unexplained absences"... There is no law that gives school the right ...telling you to remove your children... It’s against the law. You can take your kids for longer period by getting the homework and course portions that will be covered when they are absent from class...
NO SCHOOL can tell a parent to "remove your children" You can REPORT that to the school board. And the Teacher/principal can loose their job over it.

Your school is being very helpful in telling you to remove your children.

"Unexplained absences" have to be reported to the school district who in turn are obliged to report unexplained absences to child protection services, in case a child is - for example:

1. sick and not getting the right medical assitance
2. being abused
3. parents just not sending them to school (which means the parents could be fined and jailed)
4. kid saying they are going to school and then hopping a bus and going somehwere else.

The school primarily has the child's best interests at heart, and of course covering their behinds in making sure you understand the worst case scenario of your kids not being able to return to the same class (which imo seems an extreme scenario, not likely to happen).

Liz

[v2002]

Yes Grumpy you are absolutely right .. only kids 14 and above are required to be present for visa... but if you dont have someone to take care of them while you are out of country you may have to take them along to your home country.. But definately not for visa stamping.
I thought you only had to take children that were over 14 years of age to the interview, or is that for another type of visa :confused: :confused:

[lxh11]

The school is advising them to "remove" their children, so that they do not fall into the "unexplained absence" situation which has consequences. By removing them for the school register the school is no longer required to fill in copious amounts of paperwork.

The school is also rightfully advising (although very unlikely to happen) that if the children are removed for an extended period of time, they may not return to the same set of circumstances.

I have no idea how long Sharon told the school they would be gone for. The handbook for all schools clearly set out their absence policies.

According to State Statutes 230.22 and 232.16 Attendance Policies and Procedures, schools must implement interventions to enforce regular school attendance.

What is an excused absence?

Excused absences established by the Orange County School Board are: personal illness of the student whose attendance would endanger his/her health or the health of others; serious illness or death in the student’s immediate family; special recognized religious holidays observed by the student’s faith; conditions rendering school attendance impossible or hazardous to health and safety; arrival on a late bus or with parents due to bus or car breakdown. All other absences are unexcused unless the activity is school sponsored.

[lxh11]

oh I forgot to mention. Regardless oo what anyone might think of the school policies, they are in place for a variety of different reasons, and not just to be another thorn in British E2 visa holders side.

Liz

[tracifrost]

Sharon, speak with Kirtida, im sure everyone knows that Kay has just recently renewed her visa. And extented her I-94 thus eliminating the need to go back to the UK.
It makes perfect sense!!! when you are really busy here working and just have not got the time to go back.
We are just going for our renewal and are not going to go back to the UK, due to commitments here, which im sure most expats on here have.

[McSporran]

Sharon, speak with Kirtida, im sure everyone knows that Kay has just recently renewed her visa. And extented her I-94 thus eliminating the need to go back to the UK.
It makes perfect sense!!! when you are really busy here working and just have not got the time to go back.
We are just going for our renewal and are not going to go back to the UK, due to commitments here, which im sure most expats on here have.

Hi Traci,
I dont think Kay did renew her visa...I think she just did the I-94...might be wrong though - Kay???

[v2002]

The 2007 Florida Statutes


Title XLVIII
K-20 EDUCATION CODE
Chapter 1003
PUBLIC K-12 EDUCATION
View Entire Chapter

1003.24* Parents responsible for attendance of children; attendance policy.--Each parent of a child within the compulsory attendance age is responsible for the child's school attendance as required by law. The absence of a student from school is prima facie evidence of a violation of this section; however, criminal prosecution under this chapter may not be brought against a parent until the provisions of s. 1003.26 have been complied with. A parent of a student is not responsible for the student's nonattendance at school under any of the following conditions:

(1)**WITH PERMISSION.--The absence was with permission of the head of the school;

(2)**WITHOUT KNOWLEDGE.--The absence was without the parent's knowledge, consent, or connivance, in which case the student shall be dealt with as a dependent child;

(3)**FINANCIAL INABILITY.--The parent was unable financially to provide necessary clothes for the student, which inability was reported in writing to the superintendent prior to the opening of school or immediately after the beginning of such inability, provided that the validity of any claim for exemption under this subsection shall be determined by the district school superintendent subject to appeal to the district school board; or

(4)**SICKNESS, INJURY, OR OTHER INSURMOUNTABLE CONDITION.--Attendance was impracticable or inadvisable on account of sickness or injury, attested to by a written statement of a licensed practicing physician, or was impracticable because of some other stated insurmountable condition as defined by rules of the State Board of Education. If a student is continually sick and repeatedly absent from school, he or she must be under the supervision of a physician in order to receive an excuse from attendance. Such excuse provides that a student's condition justifies absence for more than the number of days permitted by the district school board.
Each district school board shall establish an attendance policy that includes, but is not limited to, the required number of days each school year that a student must be in attendance and the number of absences and tardinesses after which a statement explaining such absences and tardinesses must be on file at the school. Each school in the district must determine if an absence or tardiness is excused or unexcused according to criteria established by the district school board.

History.--s. 119, ch. 2002-387.

[v2002]

The 2007 Florida Statutes


Title XLVIII
K-20 EDUCATION CODE
Chapter 1003
PUBLIC K-12 EDUCATION
View Entire Chapter

1003.26* Enforcement of school attendance.--The Legislature finds that poor academic performance is associated with nonattendance and that school districts must take an active role in promoting and enforcing attendance as a means of improving student performance. It is the policy of the state that each district school superintendent be responsible for enforcing school attendance of all students subject to the compulsory school age in the school district and supporting enforcement of school attendance by local law enforcement agencies. The responsibility includes recommending policies and procedures to the district school board that require public schools to respond in a timely manner to every unexcused absence, and every absence for which the reason is unknown, of students enrolled in the schools.
_____

District school board policies shall require the parent of a student to justify each absence of the student, and that justification will be evaluated based on adopted district school board policies that define excused and unexcused absences. The policies must provide that public schools track excused and unexcused absences and contact the home in the case of an unexcused absence from school, or an absence from school for which the reason is unknown, to prevent the development of patterns of nonattendance.

_______
The Legislature finds that early intervention in school attendance is the most effective way of producing good attendance habits that will lead to improved student learning and achievement. Each public school shall implement the following steps to promote and enforce regular school attendance:

(1)**CONTACT, REFER, AND ENFORCE.--

(a)**Upon each unexcused absence, or absence for which the reason is unknown, the school principal or his or her designee shall contact the student's parent to determine the reason for the absence. If the absence is an excused absence, as defined by district school board policy, the school shall provide opportunities for the student to make up assigned work and not receive an academic penalty unless the work is not made up within a reasonable time.

(b)**If a student has had at least five unexcused absences, or absences for which the reasons are unknown, within a calendar month or 10 unexcused absences, or absences for which the reasons are unknown, within a 90-calendar-day period, the student's primary teacher shall report to the school principal or his or her designee that the student may be exhibiting a pattern of nonattendance. The principal shall, unless there is clear evidence that the absences are not a pattern of nonattendance, refer the case to the school's child study team to determine if early patterns of truancy are developing. If the child study team finds that a pattern of nonattendance is developing, whether the absences are excused or not, a meeting with the parent must be scheduled to identify potential remedies, and the principal shall notify the district school superintendent and the school district contact for home education programs that the referred student is exhibiting a pattern of nonattendance.

(c)**If an initial meeting does not resolve the problem, the child study team shall implement the following:

1.**Frequent attempts at communication between the teacher and the family.

2.**Evaluation for alternative education programs.

3.**Attendance contracts.
The child study team may, but is not required to, implement other interventions, including referral to other agencies for family services or recommendation for filing a truancy petition pursuant to s. 984.151.

(d)**The child study team shall be diligent in facilitating intervention services and shall report the case to the district school superintendent only when all reasonable efforts to resolve the nonattendance behavior are exhausted.

(e)**If the parent refuses to participate in the remedial strategies because he or she believes that those strategies are unnecessary or inappropriate, the parent may appeal to the district school board. The district school board may provide a hearing officer, and the hearing officer shall make a recommendation for final action to the district school board. If the district school board's final determination is that the strategies of the child study team are appropriate, and the parent still refuses to participate or cooperate, the district school superintendent may seek criminal prosecution for noncompliance with compulsory school attendance.

(f)1.**If the parent of a child who has been identified as exhibiting a pattern of nonattendance enrolls the child in a home education program pursuant to chapter 1002, the district school superintendent shall provide the parent a copy of s. 1002.41 and the accountability requirements of this paragraph. The district school superintendent shall also refer the parent to a home education review committee composed of the district contact for home education programs and at least two home educators selected by the parent from a district list of all home educators who have conducted a home education program for at least 3 years and who have indicated a willingness to serve on the committee. The home education review committee shall review the portfolio of the student, as defined by s. 1002.41, every 30 days during the district's regular school terms until the committee is satisfied that the home education program is in compliance with s. 1002.41(1)(b). The first portfolio review must occur within the first 30 calendar days of the establishment of the program. The provisions of subparagraph 2. do not apply once the committee determines the home education program is in compliance with s. 1002.41(1)(b).

2.**If the parent fails to provide a portfolio to the committee, the committee shall notify the district school superintendent. The district school superintendent shall then terminate the home education program and require the parent to enroll the child in an attendance option that meets the definition of "regular school attendance" under s. 1003.01(13)(a), (b), (c), or (e), within 3 days. Upon termination of a home education program pursuant to this subparagraph, the parent shall not be eligible to reenroll the child in a home education program for 180 calendar days. Failure of a parent to enroll the child in an attendance option as required by this subparagraph after termination of the home education program pursuant to this subparagraph shall constitute noncompliance with the compulsory attendance requirements of s. 1003.21 and may result in criminal prosecution under s. 1003.27(2). Nothing contained herein shall restrict the ability of the district school superintendent, or the ability of his or her designee, to review the portfolio pursuant to s. 1002.41(1)(b).

(g)**If a student subject to compulsory school attendance will not comply with attempts to enforce school attendance, the parent or the district school superintendent or his or her designee shall refer the case to the case staffing committee pursuant to s. 984.12, and the district school superintendent or his or her designee may file a truancy petition pursuant to the procedures in s. 984.151.

(2)**GIVE WRITTEN NOTICE.--

(a)**Under the direction of the district school superintendent, a designated school representative shall give written notice that requires enrollment or attendance within 3 days after the date of notice, in person or by return-receipt mail, to the parent when no valid reason is found for a student's nonenrollment in school. If the notice and requirement are ignored, the designated school representative shall report the case to the district school superintendent, and may refer the case to the case staffing committee, established pursuant to s. 984.12. The district school superintendent shall take such steps as are necessary to bring criminal prosecution against the parent.

(b)**Subsequent to the activities required under subsection (1), the district school superintendent or his or her designee shall give written notice in person or by return-receipt mail to the parent that criminal prosecution is being sought for nonattendance. The district school superintendent may file a truancy petition, as defined in s. 984.03, following the procedures outlined in s. 984.151.

(3)**RETURN STUDENT TO PARENT.--A designated school representative may visit the home or place of residence of a student and any other place in which he or she is likely to find any student who is required to attend school when the student is not enrolled or is absent from school during school hours without an excuse, and, when the student is found, shall return the student to his or her parent or to the principal or teacher in charge of the school, or to the private tutor from whom absent, or to the juvenile assessment center or other location established by the district school board to receive students who are absent from school. Upon receipt of the student, the parent shall be immediately notified.

(4)**REPORT TO APPROPRIATE AUTHORITY.--A designated school representative shall report to the appropriate authority designated by law to receive such notices, all violations of the Child Labor Law that may come to his or her knowledge.

(5)**RIGHT TO INSPECT.--A designated school representative shall have the right of access to, and inspection of, establishments where minors may be employed or detained only for the purpose of ascertaining whether students of compulsory school age are actually employed there and are actually working there regularly. The designated school representative shall, if he or she finds unsatisfactory working conditions or violations of the Child Labor Law, report his or her findings to the appropriate authority.
__________

[tracifrost]

Hi Traci,
I dont think Kay did renew her visa...I think she just did the I-94...might be wrong though - Kay???

hi, yes yes thats what i mean, although the same though in my world of
'being able to stay':rofl:

[v2002]

Coming back to the point ....
unexcused absences, is "absences for which the reasons are unknown",
When the school is aware of the reasons for absence its NO LONGER unexcused absences.... School cannot interfere in reqirements of "Immigration laws" and tell parents that they will not allow them to have their kids get a valid status.

THEY MUST garnt leave of absences and let PARENTS TAKE KIDS ..... Plain and simple

[tracifrost]

yes thats what i thought, we have just had a couple take their kids out of school, because of comittments in the U.K.
Especially if the school is private, they really should not have a problem with this?