can family members visit for extended periods but non-permanently?

[CluelessAmerican 0]

This question is hypothetical for now, but I am asking because in a couple years it may not be. My wife is a Mexican citizen, AOS pending. Her parents both have preauthorized B visas, so they can visit us in the US. My question is, what exactly is possible if one or both of them would like to visit for longer periods of time to help with childcare and the like?

 

I don't imagine her parents wanting to stay permanently, as they have strong ties to their family and community in Mexico, work, things to manage, etc. But I can see her mother, for example, wanting to visit for a few months at a time, go back for a while, and then return again. My understanding is that it is risky to do this on a B visa, even if each trip is less than 6 months, because B visas are not intended for recurrent long visits. But could her mother really maintain permanent resident status if she's spending a lot of her time (maybe the majority) in Mexico? Her parents have no desire or need to work in the US or get other benefits of a green card, but I know they will want to see their future grandchildren and help take care of them. Is there a "right" way to accomplish this?

[Ryan H 3,790]

Moved from What Visa Do I Need - Family Based Immigration forum to Tourist Visas forum.

[CluelessAmerican 0]

Ryan, should I conclude from your moving this to another forum that a tourist visa is what they need? That was part of my question.

[bakphx1 785]

I think you answered your own question.  Having a B visa is intended for short stays.  This has come up before, with no alternative  answer.  It’s never a good idea to try to push the limits on what you can do with a visa.  Never do anything that can result in a permanent ban.  There’s really not a visa category I can think of that’s more than a visitor but less than total family reunification.  It’s too bad, but being in another country has barriers to family in your home country.  

[geowrian 22,335]

52 minutes ago, CluelessAmerican said:

My question is, what exactly is possible if one or both of them would like to visit for longer periods of time to help with childcare and the like?

No such extended visa exists to visit.

Other visas are possible, but I doubt they qualify (work visas, investment visas, student visas, etc.). Parents usually aren't candidates for those, plus they would be living in the US, which you noted isn't what the want to do.

Permanent residency requires living within the US as your primary residence...failure to do so could result in a green card being deemed abandoned.

 

They are not permitted to provide childcare services while visiting....this is considered work and tourists are not authorized to work in the US. They can visit and see the child, but if it goes beyond that into babysitting or other care, they are violating status and could jeopardize any future stays.

[aaron2020 11,651]

There are no such things as non-immigrant extended visit visas with the ability to work.  Yes, taking care of grandchildren is considered work.  

 

Taking care of grandchildren is unauthorized work in violation of their B visitor visas.  The visas can be revoked for doing this type of work.

 

Immigration to the US is the ONLY way that would allow them to come and work to care for the grandchildren.  

Edited October 22, 2018 by aaron2020

[WeGuyGal 1,052]

9 hours ago, CluelessAmerican said:

This question is hypothetical for now, but I am asking because in a couple years it may not be. My wife is a Mexican citizen, AOS pending. Her parents both have preauthorized B visas, so they can visit us in the US. My question is, what exactly is possible if one or both of them would like to visit for longer periods of time to help with childcare and the like?

 

I don't imagine her parents wanting to stay permanently, as they have strong ties to their family and community in Mexico, work, things to manage, etc. But I can see her mother, for example, wanting to visit for a few months at a time, go back for a while, and then return again. My understanding is that it is risky to do this on a B visa, even if each trip is less than 6 months, because B visas are not intended for recurrent long visits. But could her mother really maintain permanent resident status if she's spending a lot of her time (maybe the majority) in Mexico? Her parents have no desire or need to work in the US or get other benefits of a green card, but I know they will want to see their future grandchildren and help take care of them. Is there a "right" way to accomplish this?

There's a fine line about the bolded above. Yes they can visit with grandkids on a B2 visa. But childcare and helping take care falls under working because it takes away jobs from US daycare centers and teenagers who babysit. That type of work, even unpaid, is prohibited on a B2. 

[Boiler 43,425]

My GrandParents were heavily involved in my very early years, I stayed with them.

[Unlockable 7,306]

The famous "visiting to help with grandchildren" scenario. So many times have we seen this. Like many have already mentioned, it is a risky task.

 

The reason why it is acceptable by the rules of a nonimmigrant visa is because of the very question you asked. You now want your parents to essentially be living in the US on a visitor visa. No matter how you word it, staying in the US for recurring lengthy periods of time is basically living in the US. This is where the lines get blurred between a visitor and a person living in the US.

 

And because you want them here to help with child(ren), a few days may not be enough. What about a few weeks? Or a few months? Do your see the point? This is why it is risky because the parents can end up losing their visitor visas. There are a few cases on VJ where this has happened. The worst was a case where a man's wife died after giving birth and his mother-in-law was coming to the US to help him cope and care for the child. After a few lengthy visits she was denied entry and her visa was revoked.

 

If I can find the thread, I will post it for reference.

[CluelessAmerican 0]

Thank you everyone for your responses. I find the childcare issue to be a bit confusing -- not what the law is, which seems clear enough, but rather why it is that way. If my in-laws happened to be US residents and decided to take care of their grandchildren for free, that would have the same effect of taking jobs away from professional workers. I guess all that matters legally is whether you are allowed to work, not the specifics of who might lose income etc. In any case, the fact of the matter is they are not US residents, so do not have the same rights while in the US.

 

We will definitely take trips to Mexico, potentially longish ones if we can fit them into our work schedules, so I am not worried about how to make sure grandparents and other relatives are involved in general, and we will find a way to arrange childcare just like everyone else does. I am just trying to understand how the system works -- there is a lot I still don't know and which doesn't seem obvious.

 

I spoke with my wife a bit last night, and she doesn't think that her parents would want to visit for more than about 2 months at a time. I am not saying it would always be that long, just that that would be the maximum. I suppose the details of what to allow would depend on USCIS discretion. Is there any way to be more confident of what length/number of trips is OK and what isn't? We've been advised that visiting family is a perfectly normal use of a B visa, but I don't know when "visiting" becomes "living". In terms of intentions, I am confident that they don't want to live here (which is why 2 months would be max), but not sure if that matters. When they plan vacations, they dream of going to Chiapas and Oaxaca, not Disneyland. 😁

[Boiler 43,425]

Perhaps I can help as a Grandparent, the big advantage is that you always have the opportunity to give them back.

 

There are lots of people on here who have connections to other countries where labour costs are significantly different to the US and would love to bring in a relative who would work for board and lodging or very little, obviously not something the Government would want to encourage.

 

I would have thought a 2 month trip every year is unlikely to raise eyebrows, certainly with my Mum Travel Insurance became a limiting factor, but she was probably older and had medical issues.

 

 

Edited October 22, 2018 by Boiler

[SusieQQQ 11,584]

2 hours ago, CluelessAmerican said:

 

Is there any way to be more confident of what length/number of trips is OK and what isn't? We've been advised that visiting family is a perfectly normal use of a B visa, but I don't know when "visiting" becomes "living". In terms of intentions, I am confident that they don't want to live here (which is why 2 months would be max), but not sure if that matters. 

There’s nothing official, but a rule of thumb that seems to work is to spend at least twice as long out of the US than in it. So if they came along for 2 x2 month trips a year, nicely spaced apart say arriving every 6 months, that would probably be fine. 

[geowrian 22,335]

Agreed..2 months out of a year generally wouldn't raise too many eyebrows.

[lierre 224]

10 hours ago, CluelessAmerican said:

Thank you everyone for your responses. I find the childcare issue to be a bit confusing -- not what the law is, which seems clear enough, but rather why it is that way. If my in-laws happened to be US residents and decided to take care of their grandchildren for free, that would have the same effect of taking jobs away from professional workers. I guess all that matters legally is whether you are allowed to work, not the specifics of who might lose income etc. In any case, the fact of the matter is they are not US residents, so do not have the same rights while in the US.

 

... We've been advised that visiting family is a perfectly normal use of a B visa, but I don't know when "visiting" becomes "living". In terms of intentions, I am confident that they don't want to live here (which is why 2 months would be max), but not sure if that matters. When they plan vacations, they dream of going to Chiapas and Oaxaca, not Disneyland.

 

I agree with you. It seems quite absurd that non-USC parents can’t help out with childcare because of the idea of taking away a job from a USC. To me, this  speaks volumes about the US culture more than it does immigration policy itself.

 

Having come from a country where extended families take care of their own grandkids and grandnieces/nephews, it’s quite interesting how many financial hoops & hurdles a family has to do to afford and get their kid into decent childcare... that in the end is likely to be from a stranger.

Edited October 23, 2018 by ivyyy

[SusieQQQ 11,584]

6 hours ago, ivyyy said:

 

I agree with you. It seems quite absurd that non-USC parents can’t help out with childcare because of the idea of taking away a job from a USC. To me, this  speaks volumes about the US culture more than it does immigration policy itself.

 

Having come from a country where extended families take care of their own grandkids and grandnieces/nephews, it’s quite interesting how many financial hoops & hurdles a family has to do to afford and get their kid into decent childcare... that in the end is likely to be from a stranger.

Immigration involves a choice - your choice- to leave your family behind. This is one of the consequences. Sorry if this sounds harsh, but you can’t expect the US to allow your extended family in for childcare just because that’s the norm where you come from. If it’s that critical it should form a conscious part of the decision about whether or not to emigrate/which spouse moves where.