Immigration Corner | Hoping to study abroad

Dear Mrs Walker-Huntington,

My daughter is a British citizen living in Jamaica. She has finished high school and wishes to now study in the USA, with the intention of living there. What are the requirements for her to relocate to study in the USA? She currently travels to the USA on an Electronic System for Travel Authorisation (ESTA). Would a student visa now apply? As a British citizen, can she apply for citizenship for herself?

- FR

Dear FR,

As a British citizen, your daughter is eligible to travel to the United States on a visa waiver, i.e., she does not require a visa to travel to America. Entering the United States on a visa waiver via the ESTA allows a person to enter as a visitor for up to 90 days.

Some persons, because of admissibility issues, e.g., previous denial of entry, nevertheless have to apply for a visa. Likewise, if you plan on remaining in America for longer than 90 days you would need a visa.

As your daughter intends to travel to the United States to study, she would require a student visa. She would need to first be accepted into a US college or university and then apply for the student visa. In that application, she needs to demonstrate that she intends to return home upon the completion of her studies and that she has the required funds for payment of her school fees, books, and room and board.

A British citizen cannot self-petition for US residency. They would need to be sponsored by a relative or an employer in order to permanently reside in America.

- Dahlia A. Walker-Huntington is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal, internationa0l, and personal injury law in Florida. She is a mediator, arbitrator, and special magistrate in Broward County, Florida. info@walkerhuntington.com