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Aunt on Vistors Visa?? How long can they stay?

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We are in the processes of my husbands 10 year green card. We want his mom who is 56 (who is technical his aunt because she never adopted him) to stay with us for 9 months out of the year to watch her grandchild. I am a teacher and hubby is studying to be a teacher. So we would spend our summers in Jamaica. She has her own house but doesn't have a job. We are going to help her with the paper work in December and write a letter of intent. How long can a relative stay on a visitors visa? I have seen sample letters for mother-inlaws. For proof We have photos of her and her grand daughter, her at our wedding. We have a dvd of her at our wedding speaking with my mom. We also have a letter from his birth mom stating that he lived with his aunt sense he was one year of age. What else do we need to supply?

My parents would love to apply for a work visa for her too. She would be a housekeeper/nanny.

I think the visitors visa is best. Any suggestions? The only thing is no bank account.

Thanks for the help..

One Luv

J


Met Jan 1998, vows on 2006, Jay Jay born 2008, baby 2 - 2011

Look at time line for visa information

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Great Cook Shop in the Chicago Land Area: Montego Bay Jerk Chicken Restaurant in Bellwood IL

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We are in the processes of my husbands 10 year green card. We want his mom who is 56 (who is technical his aunt because she never adopted him) to stay with us for 9 months out of the year to watch her grandchild. I am a teacher and hubby is studying to be a teacher. So we would spend our summers in Jamaica. She has her own house but doesn't have a job. We are going to help her with the paper work in December and write a letter of intent. How long can a relative stay on a visitors visa? I have seen sample letters for mother-inlaws. For proof We have photos of her and her grand daughter, her at our wedding. We have a dvd of her at our wedding speaking with my mom. We also have a letter from his birth mom stating that he lived with his aunt sense he was one year of age. What else do we need to supply?

My parents would love to apply for a work visa for her too. She would be a housekeeper/nanny.

I think the visitors visa is best. Any suggestions? The only thing is no bank account.

Thanks for the help..

One Luv

J

You have a few problems with your plan.

From an objective viewpoint, someone who lives in the US for 9 months out of a year is more like a resident than a visitor - especially if this person does this year after year. A person who applies for a visitor visa is presumed to be an illegal immigrant. To get a visa, the applicant has to overcome this presumption by showing ties to the foreign home. This includes family, property, employment, etc. Here, your husband is a recent US immigrant and his aunt who raised him since he was one year old is coming for 9 months. She has no bank account in Jamaica, so there will be a question about how she will finance her visit to the US. If she does not have children, grandchildren, a job, or a house, she will have a hard time overcoming the presumption of being an illegal immigrant. You need to supply information that are good indicators that she is likely to return home rather than stay in the US illegally with her "son."

If your husband's aunt does get a visitor visa, she can still run into problem at the POE. Generally, a visitor visa is good for up to 6 months and can be extended. However, the immigration officer who inspects the visitor upon arrival in the US has the authority to determine how long the visa is good for. He/She can reduce the time to 90 days or deem the person a potential illegal immigrant and not allow the visitor to enter the US.

Your parents cannot simply get your husband's aunt a work visa to be a housekeeper/nanny. Generally, work visas are for foreign employees who fill an employer's needs that the employer cannot find in an American worker. This could be someone in high tech with certain skills, an artist or an athlete. It may be very hard to find an American scientist specializing in brain chemistry (there can't be that many in the world). It's not hard to find an American housekeeper/nanny. In this economic climate, it's hard to see how USCIS is going to allow a foreign worker to come in to do work that an American worker can do. The argument that family is more trustworthy than a stranger will not work because there are lots of trustworthy people in this country who needs work. You may be surprised that it is illegal for someone on a visitor visa to come to the US to babysit for a relative and be compensated. Compensation is defined broadly to include a place to live, food, etc.

Edited by aaron2020

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Everything aaron2020 says is correct!

Edited by Bobby_Umit

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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She has her own house, I am not sure of bank accounts. Thanks for letting me know. If visiting her grandchild for a month. That would be wonderful :).

If it were my parents for working they would pay her a salary.

Thank you for the insight.


Met Jan 1998, vows on 2006, Jay Jay born 2008, baby 2 - 2011

Look at time line for visa information

xTr6m6.png

Great Cook Shop in the Chicago Land Area: Montego Bay Jerk Chicken Restaurant in Bellwood IL

lXHgm6.png

CuySm6.png

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She has her own house, I am not sure of bank accounts. Thanks for letting me know. If visiting her grandchild for a month. That would be wonderful :).

If it were my parents for working they would pay her a salary.

Thank you for the insight.

It is illegal for a person here in the US on a visitor visa to work.

I will put myself out there to say that it will be impossible for your parents to secure a work visa for your husband's aunt to come to the US to be a housekeeper/nanny. For an employer to petition for a visa for a foreign worker, the employer must advertise the position and document that there is no American resident able or willing to take the position in accordance with US labor laws. This is not a cheap process to go through. Imagine if all immigrants could hire a relative from home to work for us - especially those that would not qualify for an immigration visa through a family relation - the immigration system would be flooded with potential illegal immigrant and the labor pool would explode with unskilled foreign workers who would undercut unskilled American residents.

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I never said she would work on a visitors visa. I said she would stay maybe a month and that is fine with us. It is something and family is important to us. We are contacting or senator to do everything legal. Money is no problem. :whistle: The other option is to buy her a town home in a gated area and visit her on the holidays. Anyways the only other option is for her to go to college LOL. :wacko: And yes that is legal. I have checked.


Met Jan 1998, vows on 2006, Jay Jay born 2008, baby 2 - 2011

Look at time line for visa information

xTr6m6.png

Great Cook Shop in the Chicago Land Area: Montego Bay Jerk Chicken Restaurant in Bellwood IL

lXHgm6.png

CuySm6.png

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We are in the processes of my husbands 10 year green card. We want his mom who is 56 (who is technical his aunt because she never adopted him) to stay with us for 9 months out of the year to watch her grandchild. I am a teacher and hubby is studying to be a teacher. So we would spend our summers in Jamaica. She has her own house but doesn't have a job. We are going to help her with the paper work in December and write a letter of intent. How long can a relative stay on a visitors visa? I have seen sample letters for mother-inlaws. For proof We have photos of her and her grand daughter, her at our wedding. We have a dvd of her at our wedding speaking with my mom. We also have a letter from his birth mom stating that he lived with his aunt sense he was one year of age. What else do we need to supply?

My parents would love to apply for a work visa for her too. She would be a housekeeper/nanny.

I think the visitors visa is best. Any suggestions? The only thing is no bank account.

Thanks for the help..

One Luv

J

Is not going to happen - phrase it the way you did watch=mind the child = no tourist visa. Tourists are not allowed to work and even watching the child would be considered work.


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I said that is fine if she comes for a month to stay with us. That will happen. Plus then we can buy a townhouse near the water for her in Jamaica. We can visit her for 3 months. So that would be great for her to see her grand baby 4 months out of the year. The stronger your family is the great the life and happiness. Much love

Just my 2 cents.

Why people got to be so negative. :) I am a vet to this site and sometimes I love the help but other times negative things are not great about it. Love all the people I have meet over 4 years and have great friends.

I love my yardies on the Caribbean thread for positive vibes.

One Love


Met Jan 1998, vows on 2006, Jay Jay born 2008, baby 2 - 2011

Look at time line for visa information

xTr6m6.png

Great Cook Shop in the Chicago Land Area: Montego Bay Jerk Chicken Restaurant in Bellwood IL

lXHgm6.png

CuySm6.png

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I never said she would work on a visitors visa. I said she would stay maybe a month and that is fine with us. It is something and family is important to us. We are contacting or senator to do everything legal. Money is no problem. :whistle: The other option is to buy her a town home in a gated area and visit her on the holidays. Anyways the only other option is for her to go to college LOL. :wacko: And yes that is legal. I have checked.

You did say this:

9 months out of the year to watch her grandchild

then went on to say this:

How long can a relative stay on a visitors visa?

Babysitting is considered "work" and if told to the embassy granting the visa, you probably would get a denial.

I am a vet to this site and sometimes I love the help but other times negative things are not great about it.

I don't think people are "negative" in this thread, they are just telling you the reality of the situation. Would you rather people tell you there would be no issues with your initial plan, when clearly, there are?


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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THERE HAS TO BE WAYS FOR HER TO COME TO HELP CARE FOR YOUR CHILD AS FAMILY .I HAVE SEEN THIS HAPPEN A FEW TIMES . THIS LADY WHO I MEET ABOUT A YEAR AGO WAS HERE TO CARE FOR HER GRANSONS FOR 18 MONTHS BECAUSE OF WORK AND TRAVEL . I WISH I KNEW MORE OF THE DETAILS OF HOW SHE WENT ABOUT IT .(SHE HAS AT THIS POINT RETURNED ). IM SURE THERE ARE WAYS.


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well just to answer the duration question.. i think on a visitor visa, it is 6 mnths at a time.. my SO has a 10 yr visitor visa from Jamaica.. and he can stay up to that long..i don't know if its different timeframe for each case.

Each case is treated differently.

From the USCIS website; http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Qualifying for a Visa

Applicants for visitor visas must show that they qualify under provisions of the Immigration and Nationality Act. The presumption in the law is that every visitor visa applicant is an intending immigrant. Therefore, applicants for visitor visas must overcome this presumption by demonstrating that:

* The purpose of their trip is to enter the U.S. for business, pleasure, or medical treatment;

* They plan to remain for a specific, limited period; and

* They have a residence outside the U.S. as well as other binding ties which will insure their return abroad at the end of the visit.

Alien truck drivers may qualify for admission as B-1 visitors for business to pick up or deliver cargo traveling in the stream of international commerce. Please see How Do I Enter the United States as a Commercial Truck Driver for more information.

Passing through a U.S. Port of Entry

Applicants should be aware that a visa does not guarantee entry into the United States. Immigration authorities have the authority to deny admission, and determine the period for which the bearer of a visitor visa is authorized to remain in the United States.

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I said that is fine if she comes for a month to stay with us. That will happen. Plus then we can buy a townhouse near the water for her in Jamaica. We can visit her for 3 months. So that would be great for her to see her grand baby 4 months out of the year. The stronger your family is the great the life and happiness. Much love

Just my 2 cents.

Why people got to be so negative. :) I am a vet to this site and sometimes I love the help but other times negative things are not great about it. Love all the people I have meet over 4 years and have great friends.

I love my yardies on the Caribbean thread for positive vibes.

One Love

I don't think that I have been negative. I have brought up issues that the immigration authorities may bring up. You stated that you want your husband's aunt to come to the US for 9 months to care for your child. I gave you information. I did not say you shouldn't try to bring her over. I am just trying to help. You may not like the answers that I am giving but I don't think it is fair to call me negative.

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THERE HAS TO BE WAYS FOR HER TO COME TO HELP CARE FOR YOUR CHILD AS FAMILY .I HAVE SEEN THIS HAPPEN A FEW TIMES . THIS LADY WHO I MEET ABOUT A YEAR AGO WAS HERE TO CARE FOR HER GRANSONS FOR 18 MONTHS BECAUSE OF WORK AND TRAVEL . I WISH I KNEW MORE OF THE DETAILS OF HOW SHE WENT ABOUT IT .(SHE HAS AT THIS POINT RETURNED ). IM SURE THERE ARE WAYS.

Just because someone comes to the US and babysit a family member without a problem doesn't make it legal. Lots of people come to the US to care for a grandchild in the first few months after birth. It's not a high priority for USCIS to bust these folks for illegally working in the US. My point is that it is considered work and the tourist may be denied future entries into the US. (Of course, USCIS can only bust someone for something they are aware of.)

From the US embassy in Moldova; http://moldova.usembassy.gov/visitor-visa.html

Foreign nationals in the United States on B-2 status are allowed to visit family and friends and travel throughout the United States. However, as tourists, they are not allowed to engage in any skilled or unskilled labor. This means that they may not perform any sort of activity for which an American resident would be paid. This could include working at a construction site, helping out at a friend or relative's place of business, or even babysitting a relative's children. A foreign national on B-2 classification who engages in any of these activities may have a difficult time qualifying for a tourist (or any other type of visa) in the future.

Edited by aaron2020

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THERE HAS TO BE WAYS FOR HER TO COME TO HELP CARE FOR YOUR CHILD AS FAMILY .I HAVE SEEN THIS HAPPEN A FEW TIMES . THIS LADY WHO I MEET ABOUT A YEAR AGO WAS HERE TO CARE FOR HER GRANSONS FOR 18 MONTHS BECAUSE OF WORK AND TRAVEL . I WISH I KNEW MORE OF THE DETAILS OF HOW SHE WENT ABOUT IT .(SHE HAS AT THIS POINT RETURNED ). IM SURE THERE ARE WAYS.

Illegal ways. No one can come over to work without the proper authorization, even if it is grandma taking care of baby. No Sir :no:

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