Sister in law Tourist Visa Question

[CEE53147 559]

This person is NOT from the US and - based on handle and comments - most likely a Third World country.

 

Most employers would not put up with an employee that disappears for months at a time.

 

The entire situation looks suspicious.

[Jorge V 195]

43 minutes ago, CEE53147 said:

This person is NOT from the US and - based on handle and comments - most likely a Third World country.

 

Most employers would not put up with an employee that disappears for months at a time.

 

The entire situation looks suspicious.

As I mentioned in my previous post, even people from third world countries can and often do travel for months at a time. While the income disparity between an average US worker and a farmer from a third world country is massive, the same cannot always be said for workers in other industries. Take my Mexican tech worker example where the disparity is not that large.

 

I'll give another example that may be similar to OP's situation: my sister in law is an engineering manager for a large tech company in Mexico. Her post tax salary is around USD$3k/month. Her husband works at the same company and has a similar salary. They've taken several long vacations both while working and also between jobs. Mexico also has a generous maternity and paternity leave, as do other third world countries such as India. Mothers get 3 months off and fathers get 1 month. Some companies (including my SIL's) give more time on top of that. My wife has a coworker based in India who took over a year off after giving birth. While traveling with a new born is unlikely, it's certainly not out of the question.

 

I'm not saying that CBP shouldn't be suspicious of working age tourists visiting for several months, but VJ comments such as "How can a person of working age take more than even a couple of weeks off?" are overly generalized, especially when we do not know anything about the tourist in question.

[WeGuyGal 1,052]

@Jorge V you have a point,

 

But this thread is about OP's SIL being accused by CBP of violating the terms of her b2 visa by working, and thus being granted a short duration this time around. Yeah some folks get long vacations, others don't; that's besides the point. If I were admitted for a short duration, I'd leave before my i94 expires rather than play extension games with USCIS/CBP. 

[Eric-Pris 1,602]

CBP doesn't just accuse somebody of working out of the blue.

[SusieQQQ 11,585]

2 hours ago, CEE53147 said:

This person is NOT from the US and - based on handle and comments - most likely a Third World country.

 

Most employers would not put up with an employee that disappears for months at a time.

 

The entire situation looks suspicious.

My “third world” country employer gave me 28 working days leave a year. Add in a bunch of public holidays used at the right time, and 2 months’ travel is quite possible. Not often taken all at one, pace, but possible. Senior employees also got a 3-month sabbatical every 10 years. 

One of the hardest adjustments we have actually had to make in the US is the stupidly low number of vacation days we get and how that impacts our travel wishes.

Edited August 1, 2018 by SusieQQQ

[David & Diana R 1,005]

16 hours ago, Thai Style said:

My sister in law came with my wife and son. She has a 10 year visa and has visited before. CBP held them up concerned that she came to work in a restaurant except I do not work in that industry. CPB came out to interrogate me before separating the sisters inside. My sister in law has no interest in working here she just likes to spend time with the family and travel a bit. They ended up interrogating her for 2 hours before releasing her with a 2 month stamp. My family will be heading back to the wife's home country in Jan and would like to travel together. It was a strange occurrence that we never experienced before. I am hoping that there is a way to apply for an extension but I read somewhere that you shouldn't try the extension immediately upon arrival. Was wondering if anyone has had a similar experience and has tried for an extension. Thanks...

Not sure why in the world you are complaining.  2  months is fantastic! Sounds like they had some major concerns interviewing her for 2 hours.  I would thank my lucky stars that she wasn't turned around and sent home.  I certainly wouldn't make any waves by trying to file for a non-existent extension.  Doing so may very well risk her losing her 10 year visa.  I would suggest you count your blessings.  I would also make sure she leaves before the 60 days is up.  One more thing:  DON'T let her work, or as some may say "help out" in any business you are involved in or any business for that matter.

[SusieQQQ 11,585]

1 hour ago, WeGuyGal said:

@Jorge V you have a point,

 

But this thread is about OP's SIL being accused by CBP of violating the terms of her b2 visa by working, and thus being granted a short duration this time around. Yeah some folks get long vacations, others don't; that's besides the point. If I were admitted for a short duration, I'd leave before my i94 expires rather than play extension games with USCIS/CBP. 

 

1 hour ago, Eric-Pris said:

CBP doesn't just accuse somebody of working out of the blue.

Yes!!!!

[Jorge V 195]

1 hour ago, WeGuyGal said:

@Jorge V you have a point,

 

But this thread is about OP's SIL being accused by CBP of violating the terms of her b2 visa by working, and thus being granted a short duration this time around. Yeah some folks get long vacations, others don't; that's besides the point. If I were admitted for a short duration, I'd leave before my i94 expires rather than play extension games with USCIS/CBP. 

 

15 minutes ago, SusieQQQ said:

 

Yes!!!!

 

Fair enough. I did label my original post as off topic. My gripe wasn't so much with OP as much as the frequent comments I see about no one anywhere being able to take several weeks off. These posts even show up when someone simply asks if they can use their tourist visa to visit the US for 3-4. I just wish more people realized that while taking off work for several weeks/months is a luxury, it certainly isn't so rare that we automatically have assume that anyone able to travel for a month is up to something nefarious

[Thai Style 1]

Anytime one of our family members gets to visit we are very grateful. We are changing some of our travel plans since we only have 2 months instead of 4-5. The CBP did make a mistake by falsely accusing her for working for me. I do not need any employees especially not my sister in law. Plus they insinuated I owned a restaurant which I do not. Either way I am sure they deal with many scam artists everyday so I understand their concern. On another note sometimes in developing nations its actually very easy to take time off. In my families situation the rice is growing whether they are there or not. Plus when you have big extended families everyone seems to work together. I know its foreign to us but very common in other cultures. I guess my question should have been has anyone ever came on a tourist visa for a short stay and tried to extend that stay? Anyway we are off to Yellowstone for a camping adventure and road trip. Thanks for all the positive comments and feedback. Take Care...

[George & Roth 1,485]

File for the extension. Not sure I see any harm in it.

 

If denied just be certain to adhere to the date she must leave by.

[George & Roth 1,485]

22 minutes ago, Thai Style said:

Anytime one of our family members gets to visit we are very grateful. We are changing some of our travel plans since we only have 2 months instead of 4-5. The CBP did make a mistake by falsely accusing her for working for me. I do not need any employees especially not my sister in law. Plus they insinuated I owned a restaurant which I do not. Either way I am sure they deal with many scam artists everyday so I understand their concern. On another note sometimes in developing nations its actually very easy to take time off. In my families situation the rice is growing whether they are there or not. Plus when you have big extended families everyone seems to work together. I know its foreign to us but very common in other cultures. I guess my question should have been has anyone ever came on a tourist visa for a short stay and tried to extend that stay? Anyway we are off to Yellowstone for a camping adventure and road trip. Thanks for all the positive comments and feedback. Take Care...

Best of luck to you. I will be applying for my sister in law as well, from neighboring Cambodia.

 

She works in a family owned business so can come for a longer stretch if so desired. I hope her potential of an extended stay doesn’t offend anybody.

[milimelo 4,283]

23 minutes ago, George & Roth said:

File for the extension. Not sure I see any harm in it.

 

If denied just be certain to adhere to the date she must leave by.

You forgot the part if denied, even her visa is automatically canceled. 

[George & Roth 1,485]

37 minutes ago, milimelo said:

You forgot the part if denied, even her visa is automatically canceled. 

Please confirm, you’re stating as fact that if she applies for extension, and that extension is denied that her already approved visa is canceled? Can anybody corroborate this?

Edited August 1, 2018 by George & Roth

[evapaula 230]

does the sister in law visit the USA very often and for extended periods of time? 

[WeGuyGal 1,052]

6 minutes ago, George & Roth said:

Please confirm, you’re stating as fact that if she applies for extension, and that extension is denied that her already approved visa is canceled? Can anybody corroborate this?

It's not automatically cancelled, but a denied extension leads to:

1.potential overstay issues,

2.in-depth questioning at next POE,

3.possible denied entry,

4.or a limited period of admission (as OPs SIL found out).

5.Yes, it could lead to a visa cancellation. In the Trumpian age, our govt is at extended liberty to penalize violators/potential violators.

 

Why would anyone consider a routine extension when the visitor has already spent 6 months? Don't they have ties to their home country that they need to get to?