Bringing Mother In Law on B1/2

[Boiler 43,581]

One of the big advantages of being a Grandparent is that you get to give them back.

 

If you can not, then that is work.

 

I have done both and know the difference.

[TNJ17 1,329]

1 hour ago, 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

 

 

Welcome to America where there is a fee for everything and everything is considered labor. 

[TBoneTX 43,195]

Thread is moved from Bringing Family Members of USCs forum to the Tourist Visas forum.

[Umka36 781]

I’m just basing my posting on what the OP wrote. My reply would be different if he had said can my MIL come visit her new grandchild and ended at that. FWIW, I’m just trying to be objective with my answer and what folks do in the end is their choice. 

[Umka36 781]

I found this very helpful.

 

https://www.***removed***/visitor-visa/daughter-in-law-sister-pregnancy-help.html

[EmilyW 1,226]

The easiest way to solve this is for @Italian_in_NYC to provide a link to the statute they have read stating that a grandparent taking care of a child on a US Tourist Visa isn't work.  The OP can then use said statute during the interview when his mother-in-law honestly states that she is coming to help with the new baby.

 

I think knowing this statute would also help out many others on this board who have made similar posts in the past but for which there has been no clear answer.

[Italian_in_NYC 259]

2 hours ago, EmilyW said:

The easiest way to solve this is for @Italian_in_NYC to provide a link to the statute they have read stating that a grandparent taking care of a child on a US Tourist Visa isn't work.  The OP can then use said statute during the interview when his mother-in-law honestly states that she is coming to help with the new baby.

 

I think knowing this statute would also help out many others on this board who have made similar posts in the past but for which there has been no clear answer.

It's not a USCIS statute, I think it was from the DOL, but I can't find it.

I remember analyzing it for a tax case a while ago. It said that caring for a parent or a child (your parent and/or your child, obviously) is not considered work, hence no payroll taxes could be withheld.

[EmilyW 1,226]

Oh ok, originally you said it was a a statute.

 

Do DOL directives apply to immigration?

Edited December 29, 2017 by EmilyW

[Italian_in_NYC 259]

2 hours ago, EmilyW said:

The easiest way to solve this is for @Italian_in_NYC to provide a link to the statute they have read stating that a grandparent taking care of a child on a US Tourist Visa isn't work.  The OP can then use said statute during the interview when his mother-in-law honestly states that she is coming to help with the new baby.

 

I think knowing this statute would also help out many others on this board who have made similar posts in the past but for which there has been no clear answer.

I didn't say grandparent/grandchild.

I said parent/child (or child/parent). So a parent (the new grandma) caring for her child (the new mom) is not considered labor.

 

By the way - I've seen this a couple times at work - do you know that if you pay a family member (including grandparents), those expenses aren't qualified for the dependent care credit (form 2441), unless a few exceptions apply?

Sounds like a good case to bring up to Court, eventually.

[Italian_in_NYC 259]

3 minutes ago, EmilyW said:

Oh ok, originally you said it was a a statute.

 

Do DOL directives apply to immigration?

If something is not considered labor by the DOL, USCIS cannot come in and deem it labor, regardless of immigration status.

 

Edited December 29, 2017 by Italian_in_NYC

[EmilyW 1,226]

So DOL directives would override USCIS?

[Italian_in_NYC 259]

1 minute ago, EmilyW said:

So DOL directives would override USCIS?

This wouldn't be overriding.

DOL defines what is considered labor, USCIS presides over immigration laws.

Immigration laws state that you can't perform labor with a tourist visa. But I think it defers to the DOL's definition of labor.

[EmilyW 1,226]

So the OP is good to go then.  They can use this thread as a guide as to how to navigate the interview process, using DOL's definition. 

[Italian_in_NYC 259]

5 minutes ago, EmilyW said:

So the OP is good to go then.  They can use this thread as a guide as to how to navigate the interview process, using DOL's definition. 

I'll post it if I can find it.

[Boiler 43,581]

If childcare is not work

 

Then those doing childcare are not working

 

So any remuneration they receive is not taxable?