Immigration Corner | Can my Down Syndrome son go to school in the US?

Dear Mrs Walker-Huntington,

My son was born with Down Syndrome and there isn’t really anywhere here in Jamaica that specialises in that condition. I think he would get better care in the United States because they are better equipped and have the techniques to deal with his condition.

So my question is, is there a way that I can get him into a specialised school in the US?

– Concerned Mother

Dear Concerned Mother,

I do not know if there are any facilities available in Jamaica for children with Down Syndrome, and whether or not they are fully equipped to teach and train children such as your son. However, in the United States, there is a plethora of facilities available for children with Down Syndrome. In some public school districts, children with Down Syndrome are taught in the same classrooms as other students who do not have the condition. Some, if not most, public schools have special aides and assign them to children with special needs.

However, to legally attend public school in America, a child must be a permanent resident, a US citizen or have some other derivative legal immigration status. With that said, public school education through Grade 12 is free and accessible to all children, whether they are lawfully present in America or not. Beyond age 18, they do encounter serious immigration consequences to being undocumented.

If you want your son to legally reside in America and attend school before age 18, you will need to enrol him in a private school and obtain a student visa from the US government to permit him to do so. Contact the private school of your choice, enrol him and, once he is accepted, take the I-20 document you receive and apply for a student visa. You will need to show proof of ability to pay the school fees and his room and board. If you can prove non-immigrant intent, you may be able to accompany your minor child to the US and legally remain during their course of study. Difficult undertaking, but it can be approached if the right elements are involved.

Dahlia A. Walker-Huntington, Esq is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a diversity and inclusion consultant, mediator and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com