Jump to content
CluelessAmerican

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

20 posts in this topic

Recommended Posts

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?

Share this post


Link to post
Share on other sites

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


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

Share this post


Link to post
Share on other sites

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.  

Share this post


Link to post
Share on other sites

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 by aaron2020

Share this post


Link to post
Share on other sites
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. 


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

Share this post


Link to post
Share on other sites

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


“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.”

Share this post


Link to post
Share on other sites

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.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

Share this post


Link to post
Share on other sites

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. 😁

Share this post


Link to post
Share on other sites

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 by Boiler

“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.”

Share this post


Link to post
Share on other sites
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. 

Share this post


Link to post
Share on other sites

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


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
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 by ivyyy

“The fact that we are here and that I speak these words is an attempt to break that silence and bridge some
of those differences between us, for it is not difference which immobilizes us, but silence.
And there are so many silences to be broken.”

Audre Lorde

Share this post


Link to post
Share on other sites
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. 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×