visiting USA before 180 days outside USA

[Tanish 197]

Hello Everyone,

 

I have a hypothetical question. I came to USA a little more than a year ago. My parents have already applied for visitor's visa and both got 10 Year Visa already. We are having my parents over for visit in Late January - mid July next week 
(about 165-170 days).

 

My question is, if my wife gets pregnant and if we want my mother to come over for help shortly after she returns in July, is there any way we can have her visit again without her having to wait 6 more months outside USA?

 

Thank you in advance.

[Roel 7,191]

I'd start with the fact that your mother cannot work on her tourist visa. And yes, taking care of the baby is considered working by USCIS. Doesn't matter if it's tradition or not, for USCIS it's job that can be done by US citizen. We had this discussion here many, many times.

 

And of course she can try to visit without waiting 6 months. If she's going to be admitted to the US, that's a different story.

[GreatDane 366]

3 minutes ago, Tanish said:

Hello Everyone,

 

I have a hypothetical question. I came to USA a little more than a year ago. My parents have already applied for visitor's visa and both got 10 Year Visa already. We are having my parents over for visit in Late January - mid July next week 
(about 165-170 days).

 

My question is, if my wife gets pregnant and if we want my mother to come over for help shortly after she returns in July, is there any way we can have her visit again without her having to wait 6 more months outside USA?

 

Thank you in advance.

There is no set interval required between stays but the lengths of stay should match the purpose - to visit. A parent who stays 5-6 months and tries to re-enter after a month will have problems. The visa is meant for visitors, not as a way for them to live in the US with a short trip home or on vacation. Generally, people staying 5-6 months will need a 5-6 month break before re-entering. 

[GreatDane 366]

+1 to @Roel

 

If the baby has been born, taking care of the child and helping out around the house counts as work. Tourists cannot work on their holiday. If she's coming to help out, that's a no-go.

[geowrian 22,335]

Agree with all of the above...

1) A short return after an extended visit will be a big red flag that she is living and/or working in the US. No guarantees on what will happen, but CBP is likely to deny her entry,.

2) The activities noted are not consistent with her visa type. That is considered work, even if unpaid. She is allowed to visit the family and child, but the moment it turns into being a caretaker/nanny/babysitter, it's work and not permitted.

Edited July 16, 2018 by geowrian

[Tanish 197]

Just now, GreatDane said:

There is no set interval required between stays but the lengths of stay should match the purpose - to visit. A parent who stays 5-6 months and tries to re-enter after a month will have problems. The visa is meant for visitors, not as a way for them to live in the US with a short trip home or on vacation. Generally, people staying 5-6 months will need a 5-6 month break before re-entering. 

I understand that she will have to stay same/more days outside USA that she does in US, I was just wondering if there is any official way of petitioning. Otherwise, we would need to schedule short initial visit.

[Tanish 197]

I guess I did not explain the purpose correctly.

 

My wife would not start work until my mom returns to India. Because my mom would not be able to be with my child for long times, she just wants to be here for the delivery and a couple of months after that. After that, we can alternate the visits. My purpose is not to do anything illegal, but try to find a best way to find a schedule that works.

Edited July 16, 2018 by Tanish
typo

[Roel 7,191]

28 minutes ago, Tanish said:

I understand that she will have to stay same/more days outside USA that she does in US, I was just wondering if there is any official way of petitioning. Otherwise, we would need to schedule short initial visit.

Not sure what kind of petitioning you mean.

There is no such thing, unless you want to petition your parents to live permanently in the US, but you have to be US citizen to do that.

[old-fella 109]

Tanish 

you are on denial mode what everyone suggested here.

 

• Whatever way or however you want to phrase, it will look like your mother will be helping your wife during the 1st few months. This is termed as work here in US. 
• B1/B2 for 10 years is not guaranteed of being allowed to enter the US.  CBP will question them for such a frequent visit and such an extended period of stay. And if suspicious it will be revoked. 

[Boiler 43,436]

I think everybody understood the purpose.

[WeGuyGal 1,052]

All B2 entries are at the discretion of a CBP officer. Returning soon after a 165-170 day "visit" could lead to a denied entry, or a very short duration of stay. When a short duration is given, many go the (usually unsuccessful) extension of status route. Does not work. 

 

A tourist visa holder is expected to spend the majority of their time outside the US, coming only for short, temporary US visits. 

 

A mom/inlaw helping as childcare/nanny is not allowed on a visitor visa. Takes paid work/jobs away from US workers (teens/daycare centers, etc).

[Tanish 197]

6 hours ago, old-fella said:

Tanish 

you are on denial mode what everyone suggested here.

 

• Whatever way or however you want to phrase, it will look like your mother will be helping your wife during the 1st few months. This is termed as work here in US. 
• B1/B2 for 10 years is not guaranteed of being allowed to enter the US.  CBP will question them for such a frequent visit and such an extended period of stay. And if suspicious it will be revoked. 

I am not in denial. I just wanted to know if someone knew of someyhing I didn't. Now that I know, that there is no other way, I can go ahead and plan accordingly.

 

Thanks everyone.

[CEE53147 559]

You and your wife should be able to care for an infant without the assistance of anyone.  Hospitals offer classes for new parents.  If you are so unsure as to be able to care for an infant, you should reconsider having children until you are more confident.  Caring for an infant is trivial compared to dealing with a teenager.  Been there; done that!

[Boiler 43,436]

Lots of books on the subject and forums dealing with issues, Mumsnet comes to mind.

[JFH 12,189]

On 7/16/2018 at 10:00 AM, Tanish said:

I guess I did not explain the purpose correctly.

 

My wife would not start work until my mom returns to India. Because my mom would not be able to be with my child for long times, she just wants to be here for the delivery and a couple of months after that. After that, we can alternate the visits. My purpose is not to do anything illegal, but try to find a best way to find a schedule that works.

You are back-tracking here. In your opening post you were quite clear that you want the mother-in-law to come back to "help" (your words, not ours). Now you are saying she just wants to be there for the delivery. 

 

What do you mean by "find a schedule that works"? A schedule for what?