Bringing Mother In Law on B1/2

[techmedic 8]

I have a couple questions about this....

So we are planning on bringing my MIL over to stay with us for a few months after my wife has the baby so she can help out. I know that the B1/2 visas are good for 6 months for them to stay here. We just sent off my wifes 751 about 6 months ago (We just hit 3 years married in Sept). My questions are:
1. When can my wife file to bring her mother here for permanent status?

2. If we bring her mother here on a tourist visa is it possible to either A) extend the time she can stay, or B) File to have her become a resident without her having to leave?

3. Whats the best option for doing this without committing fraud (I have no issues with her having to leave after 6 months but it would be a god send if we could extend it and have her stay)?

[Umka36 781]

Sounds like the visitor visa may be the wrong visa for the MIL based on what you wrote. Is the main purpose of the MIL coming to visit to help out?, if so, that's considered work which is not the intent of the B2.

 

Wife needs to be US citizen before she can file a petition for her mom to be a permanent resident in the US.

[TNJ17 1,329]

If you choose route 2 of your list that’s committing fraud so... I think your wife has to be a US citizen for her to petition for a relative and right now USCIS is reporting a 5 year wait if I’m not mistaken. 

 

Your best option is for her to get a tourist visa if she has enough ties to her home country and take whatever time immigration gives her at POE. I doubt it will be 6 months though. 

Edited December 28, 2017 by TNJ17

[Crazy Cat 39,261]

"To petition for your parents (mother or father) to live in the United States as green card holders, you must be a U.S. citizen and at least 21 years old. Green card holders (permanent residents) may not petition to bring parents to live permanently in the United States"

 

Green Card Holders can not petition parents to live in the US.  Only US citizens can do that.  Your MIL will have to qualify for a visitor visa on her own.  She must show convincing evidence that she will return to her country after her visit.  She can not enter the US via a visitor visa with the intent to stay and adjust status. Please be aware that she may not perform work such as baby sitting on a tourist visa.

[TNJ17 1,329]

Also yeah even family members taking care of newborn babies is considered work so she couldn’t even claim that at her interview or POE. They’d deny that on the spot. 

[JFH 12,189]

She may not even be given 6 months. The CBP officer may feel that 2 weeks is enough for her to meet the grand baby. 

[Italian_in_NYC 259]

I beg to differ.

This would be a mother helping her daughter (who just had a baby). Taking care of an immediate family member (like a parent or a son/daughter) is not considered work.

I doubt the new mother will stay away from the newborn baby. Let's not be paranoid, otherwise your relative visiting from overseas can't even cook dinner for you.

Having said that, she will have to qualify for her visitor visa on her own, showing enough ties to her home country.

Edited December 29, 2017 by Italian_in_NYC

[Unlockable 7,306]

2 hours ago, Italian_in_NYC said:

I beg to differ.

This would be a mother helping her daughter (who just had a baby). Taking care of an immediate family member (like a parent or a son/daughter) is not considered work.

I doubt the new mother will stay away from the newborn baby. Let's not be paranoid, otherwise your relative visiting from overseas can't even cook dinner for you.

Having said that, she will have to qualify for her visitor visa on her own, showing enough ties to her home country.

It can be considered work. And relatives have been denied entry for it before.

http://www.cleveland.com/travel/index.ssf/2015/08/babysitter_versus_the_border_p.html

 

 

[Italian_in_NYC 259]

Just now, NuestraUnion said:

It can be considered work. And relatives have been denied entry for it before.

http://www.cleveland.com/travel/index.ssf/2015/08/babysitter_versus_the_border_p.html

 

 

Not in case of a child or parent.

And this would be a mother taking care of her daughter.

[Unlockable 7,306]

12 minutes ago, Italian_in_NYC said:

Not in case of a child or parent.

And this would be a mother taking care of her daughter.

Still considered work.

 

For instance. If a person needs medical attention here and a relative (even their own child) who is not a citizen of the US comes on a tourist visa and gives them medical attention, it is considered work.

 

Trust us, we have seen many threads regarding this topic from people asking for help.

 

There was even a thread on here a couple of years ago where a guy asked his mother in law to come over to help him with his child because his wife (his mother-in-law's own daughter) died during birth. She used a tourist visa to stay and help him for almost a year (she stayed 6 months then got an extension). Then when she was about to return from her country to help him again she was denied entry and had her tourist visa revoke.

 

We are just saying, that it can happen. A person can be denied entry simple because an officer views their "help" as working. And at the end of the day, it is the officer that makes the decision regardless if you or I feel that it is not considered work.

Edited December 29, 2017 by NuestraUnion

[Italian_in_NYC 259]

5 minutes ago, NuestraUnion said:

Still considered work.

 

For instance. If a person needs medical attention here and a relative (even their own child) who is not a citizen of the US comes on a tourist visa and gives them medical attention, it is considered work.

 

Trust us, we have seen many threads regarding this topic from people asking for help.

 

There was even a thread on here a couple of years ago where a guy asked his mother in law to come over to help him with his child because his wife (his mother-in-law's own daughter) died during birth. She used a tourist visa to stay and help him for almost a year (she stayed 6 months then got an extension). Then when she was about to return from her country to help him again she was denied entry and had her tourist visa revoke.

 

We are just saying, that it can happen. A person can be denied entry simple because an officer views their "help" as working. And at the end of the day, it is the officer that makes the decision regardless if you or I feel that it is not considered work.

I'm not arguing the grandmother/babysitting issue (although we all know it's frankly ridiculous). I'm saying that technically  a child taking care of a parent or a parent taking care of his/her child can never be considered work. I can't find the statute, but I remember reading it.

[Italian_in_NYC 259]

7 minutes ago, NuestraUnion said:

Still considered work.

 

For instance. If a person needs medical attention here and a relative (even their own child) who is not a citizen of the US comes on a tourist visa and gives them medical attention, it is considered work.

 

 

This is different. This is professional services for which you also need to hold a valid license in that particular State.

[Unlockable 7,306]

10 minutes ago, Italian_in_NYC said:

I'm not arguing the grandmother/babysitting issue (although we all know it's frankly ridiculous). I'm saying that technically  a child taking care of a parent or a parent taking care of his/her child can never be considered work. I can't find the statute, but I remember reading it.

Only if the child is a US citizen or permanent resident of the US... then of course. If the child is a foreigner coming on a tourist visa, then that is against the rules.

[Italian_in_NYC 259]

1 minute ago, NuestraUnion said:

Only if the child is a US citizen or permanent resident of the US... then of course. If the child is a foreigner coming on a tourist visa, then that is against the rules.

I'm not sure about that, as it would be discriminatory (if it's not considered work, it's not work, regardless of immigration status).

Either way, people who had kids perfectly know that having an immediate family member helping them right after the birth does not necessarily (actually, that's almost never the case) involve babysitting. It's more about moral support and helping with other things in the house.

And I don't think any CBP officer would deny entry to a grandmother (holding a valid visa) wanting to meet her grandchild and/or stay with her daughter. They might limit the stay, yes.

And qualifying for the visa has the same hurdles as any other tourist visa applications.

[Unlockable 7,306]

12 minutes ago, Italian_in_NYC said:

I'm not sure about that, as it would be discriminatory (if it's not considered work, it's not work, regardless of immigration status).

Either way, people who had kids perfectly know that having an immediate family member helping them right after the birth does not necessarily (actually, that's almost never the case) involve babysitting. It's more about moral support and helping with other things in the house.

And I don't think any CBP officer would deny entry to a grandmother (holding a valid visa) wanting to meet her grandchild and/or stay with her daughter. They might limit the stay, yes.

And qualifying for the visa has the same hurdles as any other tourist visa applications.

And I'm telling you that people get denied (even parents) for such things as coming to help with a child(ren). It happens.

 

We also know that some officers let parents in knowing full well they are coming to visit their grandchildren. But still, people can and do get denied for the same reason. Just saying it is better to err on caution.

The OP's main purpose for his MIL to visit is for her to help with the child. That CAN be used against her coming here. And the Op should be well aware of that.

 

Quote

And I don't think any CBP officer would deny entry to a grandmother (holding a valid visa) wanting to meet her grandchild and/or stay with her daughter.

 

Only US citizens are guaranteed entry. An officer can deny entry as he or she sees fit. Regardless, what you stated above is accurate that visiting a grandchild is not work. But if the parents are here for six months and during that time they are caring for the children from 8am - 5pm Monday through Friday while the parents are at work, that is where the line has been crossed between visiting and babysitting.