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Dude5225

Bring SIL over, messed up process

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newbie here, thanks for look at this and I would really appreciate any help you folks can give. 

 

Bro got himself into a jam. 

 

So, here's the deal.  Brother is s US citizen working oversea and married someone oversea, kid is now 16yo.  Kid (US citizen) decided to attend US high school this past spring so it was decided to have sister-in-law (SIL) come over with the kid.  While SIL can use tourist visa life would be easier if she gets green card so bro filed I-130 back in July.  SIL still wants to go back every few months (cheap tickets since bro in airline) to check on aging parents and she did...

 

On the trip back to US, ICE give them the 9th degree saying once they filed I-130 they can't use tourist visa to enter.  ICE did eventually  let them in but now trying to figure out the best course of action.   

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So she is caring for the child while the child attends school in the US?  She needs to be careful, it sounds like she is living in the US.

 

What does she do for income to care for the child and herself?  What about her medical care while in the US?  I am surprised that this hasn't been an issue before.

 

Good luck 


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She was quite freaked out last night because the ICE gave quite a scare, threatening her to put on the next flight home and she had endure the interrogation.   

 

I did more reading today also also bro reached out to his fellow pilots community.  Now it seems they did everything "right".  Which is to file the I-130 while still visit US with short-term-visit (90 days) exemption.   

 

She hasn't worked for years and is supported by my brother which still has US bank accounts, etc.  As for medical care, the origin country got one-payer system and they use travel-insurance to cover emergencies.  While not the best thing, still cheaper than buying health insurance here.

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13 minutes ago, Dude5225 said:

She was quite freaked out last night because the ICE gave quite a scare, threatening her to put on the next flight home and she had endure the interrogation.   

 

I did more reading today also also bro reached out to his fellow pilots community.  Now it seems they did everything "right".  Which is to file the I-130 while still visit US with short-term-visit (90 days) exemption.   

 

She hasn't worked for years and is supported by my brother which still has US bank accounts, etc.  As for medical care, the origin country got one-payer system and they use travel-insurance to cover emergencies.  While not the best thing, still cheaper than buying health insurance here.

She is allowed to visit.

She is not allowed to abuse her visit privileges to be de facto living in the US. This is what it sounds like ICE suspected her of doing and from your description it sounds like a fair assessment of what is in fact happening.

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So she was permitted to enter? I doubt it was ICE she encountered, more likely CBP secondary inspection.

 

No entry into the US is ever guaranteed, except for USCs. It sounds like she was/is living here in 90-day installments and that's what caused the problem. Whilst there is no limit on the number of times one may visit the country, and each visitor us permitted to stay until the date stamped in the passport by the CBP officer on arrival, it is illegal to use a non-immigrant status to live here. That's usually interpreted by the "more time out than in" rule of thumb. 

 

They should have have applied for her immigrant visa at the time they decided to send the son to school here. Can't think why they didn't think of that then - they went to all the trouble of finding a school, making an application, arranging his travel, etc but didn't think about the adult who would be coming with him. Bad planning is what it boils down to. CBP were right to give her a hard time. She's lucky she was let in at all. I would strongly recommend she re-considers this living arrangement. 


 

 

 

 

 

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Yep she is abusing her visa privileges and got lucky.

 

This time.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Thanks for the feedback.  In their mind, they are playing by the rules and I also know quite a few Canadian friends with similar arrangement and never heard issues.

 

I'll have a talk and see how to best arrange things.

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Their minds are not the ones that matter.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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49 minutes ago, Dude5225 said:

Thanks for the feedback.  In their mind, they are playing by the rules and I also know quite a few Canadian friends with similar arrangement and never heard issues.

 

I'll have a talk and see how to best arrange things.

In their minds can they honestly say she is just here for tourism/vacation every time she re-enters? Not according to what you wrote: “Kid (US citizen) decided to attend US high school this past spring so it was decided to have sister-in-law (SIL) come over with the kid.”. The VWP is for tourism or business. It does not mean you can in effect live in the US as long as you leave and come back every so often. The rules govern intent and activity, not just length of stay. Someone else already pointed out the “more time in than out” guideline. They are playing with fire. 

 

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Year or so


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Canadian also do not have the same restrictions to 90 days of the VWP. Snow birds is probably what you are talking about and most of them can stay 6 months without issue. 


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