The Department of Homeland Security is giving a 14-year-old boy who fled to Mexico with his former teacher a chance to temporarily return to the United States.

“[The boy] is going home. At the very least, he gets to speak about what happened to him,” said Amy Peck, the boy’s lawyer, at an Omaha news conference, the International Herald Tribune reported.

The boy, named Fernando Rodriguez and Kelsey Peterson, 25, of Lexington, Nebraska, his teacher disappeared in October, soon after Peterson was confronted by the district’s superintendent about allegations of an inappropriate relationship with the boy, then 13. They were found a week later in Mexicali, Mexico.

Peterson was charged with kidnapping and child abuse. She pleaded not guilty in November to federal charges of crossing a border to have sex with a minor. If convicted she faces 10 years to life in prison.

Peterson also faces state charges, including two-sexual assault charges that were added after she entered her federal court plea. She is expected to appear in front of the court on February 29.

Peck said her client does plan to show at Peterson’s scheduled appearance in court. Meanwhile, the boy said he would go home to Lexington to live with his mother, but he would likely not return to the middle school he had been attending. His family has no decided whether to remain in Lexington.

Peck said she would still pursue a visa that could put the boy on the path to citizenship and give permanent-resident status to his family members. The “U” visa, how it is called, is designed for victims of certain crimes and need the backing of someone involved with prosecuting, investigating or judging the case.