U.S. immigration law does not permit individuals holding B-2 status to enroll in K-12 primary or secondary schools in the United States. Some may say they know children who hold B-2 tourist visas and are attending public primary or secondary schools in the U.S., so why do you say it is not allowed? The answer is that just because something exists in reality does not mean it is legal.
Every type of non-immigrant visa or status is linked to a specific intent and purpose. B-2 is a tourist visa; the primary purpose of coming to the U.S. should be tourism, not education. If a person changes their intent or purpose, they should change their visa or status. Engaging in any activity inconsistent with one's status may constitute a violation of status, and the consequence of violating status is the loss of that status. The consequence of losing valid status may be the inability to change, extend, or adjust status while in the United States.
Using B-2 visitor status to attend a public school deviates from the intent and purpose stated by the applicant when seeking the B-2 visa or entering the United States, and is essentially a violation of B-2 status. Once discovered, the most severe consequence could be deportation. Individuals who have lost valid status may be unable to change, extend, or adjust their status in the U.S., and future visa applications may also be affected.
This is similar to how F-1 students are generally not allowed to work off-campus. We are discussing the issue of legality, not whether one has been caught. If not caught, one might not face consequences, but once discovered, one may face very serious repercussions. We have seen a case where a child attended a public school for a few months while visiting relatives in the U.S., and after returning, the child liked the American education system and applied to a private school, even obtaining an I-20, but was denied a visa because they had violated U.S. law.
In principle, U.S. public schools do not check a student's immigration status during registration, but the school office will copy the student's application materials, including their passport, so there is a record.
How can children attend U.S. public schools?
So, how can children attend U.S. public schools? The legal path is for the child to apply for a change of status to F-1 (academic student) or M-1 (vocational student). The child can enroll after the F-1 or M-1 status is approved. Of course, if the child's parents change to F-1/J-1 status, the child can change to F-2/J-2 status and attend school. If parents hold work visas such as H-1B or L-1A, the child can change to H-4 or L-2 status and also attend school.
After a child changes to F-1 student status in the U.S., can a parent apply for an F-2 visa (or status) to accompany them? The answer is no. The United States does not have a visa category specifically for parents to accompany their children; however, the reverse is possible. If a parent obtains an F-1 student visa, the child can come to the U.S. to accompany them under F-2 status. A child accompanying a parent can attend U.S. public primary and secondary schools for free. In reality, some parents attend ordinary schools while living in excellent school districts, allowing their children to attend better public primary or secondary schools. As long as the parents maintain valid F-1 status, the child can continue to attend school under F-2 status. Parents often ask if they can use a B visa to accompany their child, noting that it is now a 10-year visa. The answer is no. A B-2 visa is generally only granted for 3-6 months. You can apply for an extension to stay a few more months, but if you extend it too often and spend more time in the U.S. than in China, you may be deported upon your next entry or granted only a one-month stay.