adjusting status for mother in law

[Boiler 43,433]

10 minutes ago, EM_Vandaveer said:

It has NOT been established that she worked, and she DIDN'T unless she was watching the baby while both parents worked.

True, but I would place a very significant sum that she did.

 

However not relevant so a pointless discussion.

[EM_Vandaveer 2,369]

5 minutes ago, Boiler said:

True, but I would place a very significant sum that she did.

 

However not relevant so a pointless discussion.

I mean maybe, maybe not. Helping doesn't necessarily mean being primary caretaker. My mother visited me after each of my three kids were born and she was never primary caretaker for any of them but like you say, it's really irrelevant.

[nullaccount234 882]

13 minutes ago, EM_Vandaveer said:

It has NOT been established that she worked, and she DIDN'T unless she was watching the baby while both parents worked.

I'm not saying anything has been established. I was saying that any work that a USC/LPR/legal worker could be hired to do, performed by someone who does not hold an EAD, would constitute illegal work. Not just when parents are away for work - when they're away for anything.

 

Now, like you said, OPs MIL will be forgiven if she adjusts status as she is an immediate relative - word of advice for her is to never misrepresent the facts (about the work) during AOS/immigration though, as misrepresentation will get her in trouble regardless of whether she's an immediate family member or not.

 

Another B2 visa child care work case (although these parents were not immigrating, just visiting):

 

[EM_Vandaveer 2,369]

9 minutes ago, CEE53147 said:

I do not understand how people can leave their homes for months at a time for a "visit" to the US.  I am good for a couple of days and then I am ready to get back to my life. The longest I have ever been away after I had my own family was a month taking care of my father's estate after he died.  I had to do a lot of paperwork with files in his home and clearing out and packing up over 5000 sq ft of house where he had lived for over 30 years. I had to deal with his advisors in person which would have been hard from 500 miles away.

 

I find it amusing that people find caring for a newborn difficult.  Difficult is having a teenager or two or three or four. You spend your life in the car, grocery store (especially if you have boys!), and at work (necessary to  pay for all the food they eat).

Other people may feel differently about long visits, especially long visits to see family. I'm sure that the teenage years are difficult. I have a 6.5-year-old, an almost 5-year-old & an almost 2-year-old and so far I found the newborn stage the hardest for sure. Sleep deprivation affects me very negatively.

[arken 4,197]

To the OP: with 4.5 months to 11 months of processing time for i824 just to get the approved i130 to NVC, I suggest your MIL file for AOS now, get EAD/AP and then only travel abroad if necessary if she didn’t travel to US initially with intent to immigrate. Once AOS is pending, she won’t be considered living out of status unless it’s denied. 

[EM_Vandaveer 2,369]

3 minutes ago, LizM said:

I'm not saying anything has been established. I was saying that any work that a USC/LPR/legal worker could be hired to do, performed by someone who does not hold an EAD, would constitute illegal work. Not just when parents are away for work - when they're away for anything.

 

Now, like you said, OPs MIL will be forgiven if she adjusts status as she is an immediate relative - word of advice for her is to never misrepresent the facts (about the work) during AOS/immigration though, as misrepresentation will get her in trouble regardless of whether she's an immediate family member or not.

 

Another B2 visa child care work case (although these parents were not immigrating, just visiting):

 

I understand that being alone with the baby in the house at any time COULD count as work. If a handful of times at a few minutes' notice, both parents decided to go to the grocery store and Grandma stayed with the baby, I mean, technically that could be called work. Where is the line drawn, though? Obviously, if both parents work while grandma looks after the child, that'd be a clear cut case, which is why I mentioned that scenario.

Edited March 26, 2019 by EM_Vandaveer

[Boiler 43,433]

8 minutes ago, EM_Vandaveer said:

I mean maybe, maybe not. Helping doesn't necessarily mean being primary caretaker. My mother visited me after each of my three kids were born and she was never primary caretaker for any of them but like you say, it's really irrelevant.

Did she stay for 6 months?

 

Work was the question, not who was the primary caretaker.

 

As I said an irrelevant issue but we will go on about it.

[aaron2020 11,651]

STOP WITH THE BABY CARE STUFF.   That's not going to help the OP.

 

OP's mom should file for AOS and wait the 5-7 months for AP to travel out of the US without abandoning the process.  As the Immediate Relative of a USC, any work or overstay is ignored.  Neither work or overstay can be cause to deny the AOS.

 

Fin. 

[nullaccount234 882]

@EM_Vandaveer Yea it's definitely not clear cut. Mom can take care of baby and grandma does errands - that too could be illegal work. I'd say if you have someone come and live with you for the first few months of a baby's life to help out, ease the burden, then what's really different than having a live-in nanny. Unpaid work or work paid in housing, meals etc, is still work.

 

To OP - basically what's important here is, that while her potential work WILL be forgiven, misrepresenting the facts (ie, stating on immigration forms that she's been on vacation/unemployed when she's helped out at home), might get her in trouble now or in the future. As long as she's straightforward she will be fine. Even if she's not performed any type of work while in the US, this is good to know for the near future (while awaiting EAD) as well. 

[Boiler 43,433]

2 minutes ago, LizM said:

@EM_Vandaveer Yea it's definitely not clear cut. Mom can take care of baby and grandma does errands - that too could be illegal work. I'd say if you have someone come and live with you for the first few months of a baby's life to help out, ease the burden, then what's really different than having a live-in nanny. Unpaid work or work paid in housing, meals etc, is still work.

 

To OP - basically what's important here is, that while her potential work WILL be forgiven, misrepresenting the facts (ie, stating on immigration forms that she's been on vacation/unemployed when she's helped out at home), might get her in trouble now or in the future. As long as she's straightforward she will be fine. Even if she's not performed any type of work while in the US, this is good to know for the near future (while awaiting EAD) as well. 

II am not sure what you are saying, I doubt she filled in a I9 or gets a W2.

[CEE53147 559]

1 hour ago, EM_Vandaveer said:

Other people may feel differently about long visits, especially long visits to see family. I'm sure that the teenage years are difficult. I have a 6.5-year-old, an almost 5-year-old & an almost 2-year-old and so far I found the newborn stage the hardest for sure. Sleep deprivation affects me very negatively.

 

You will also be sleep deprived when you have a teen driver.  I have a 40 something with medical problems that also seems to have "issues" at 2 am. Never need to go to the ER mid-afternoon if you can do it at midnight.

 

Also, when you have a newborn, a toddler, and older children who need to be places at a specific time, you meet yourself coming and going,  It never failed that I would get the toddler into his snowsuit and be dressing the younger and before I could finish, I'd need to start all over on the toddler.

 

Being grandmother is much more fun!

Edited March 26, 2019 by CEE53147

[SusieQQQ 11,584]

Sleep deprived? Work opportunities for night nurses!

 

anyway, all of this discussion is moot as long as US policy is to forgive IRs most transgressions (work, overstay, entering on B to adjust, etc). We can all point out that they’re illegal until we are blue in the face, but until there are consequences, they will contijue to happen - sometime deliberately and sometimes, as appears this case, without realizing they weren’t supposed to do it. 

 

I think OP has the advice needed between all the arguing.

[USS_Voyager 1,971]

Couple of things:

 

1) Legal or not, people are doing it, increasingly so: https://www.post-gazette.com/news/aging-edge/2018/03/29/Immigrant-grandparents-come-to-U-S-to-babysit/stories/201803290108

 

2) Kathryn Berck is a retired and well respected Consular Officer with a long career with the State Department, very active on Quora and this her answer to this question: 

 

Q: Do you think its a visa abuse when retired grandparents stay for a long duration on B1/B2 visa on each visit every year to look after their grandchild in the USA (even though they legally leave before 6 months on every visit)?

A: Caring for close family members, especially small children, is not considered ‘working’ unless those family members are so debilitated that they should have trained professional care but the family can’t or won’t pay for it. Grandparents babysitting grandchildren is considered ‘incidental’ to tourism.

https://www.quora.com/Do-you-think-its-a-visa-abuse-when-retired-grandparents-stay-for-a-long-duration-on-B1-B2-visa-on-each-visit-every-year-to-look-after-their-grandchild-in-the-USA-even-though-they-legally-leave-before-6-months-on

[Umka36 781]

1 hour ago, CEE53147 said:

 

You will also be sleep deprived when you have a teen driver.  I have a 40 something with medical problems that also seems to have "issues" at 2 am. Never need to go to the ER mid-afternoon if you can do it at midnight.

 

Also, when you have a newborn, a toddler, and older children who need to be places at a specific time, you meet yourself coming and going,  It never failed that I would get the toddler into his snowsuit and be dressing the younger and before I could finish, I'd need to start all over on the toddler.

 

Being grandmother is much more fun!

I think the infant stage was the easiest for me personally. Sleep is a non issue, and my wife actually sleeps more than I to this day and our kids are 3 & 5.

 

Babies in general just cry, drink/eat, go potty, and sleep. Once they can walk and talk back, that's when it gets hard in my opinion. I'm always on the look out now compared to when they were under 1yr.

[Umka36 781]

21 minutes ago, USS_Voyager said:

Couple of things:

 

1) Legal or not, people are doing it, increasingly so: https://www.post-gazette.com/news/aging-edge/2018/03/29/Immigrant-grandparents-come-to-U-S-to-babysit/stories/201803290108

 

2) Kathryn Berck is a retired and well respected Consular Officer with a long career with the State Department, very active on Quora and this her answer to this question: 

 

Q: Do you think its a visa abuse when retired grandparents stay for a long duration on B1/B2 visa on each visit every year to look after their grandchild in the USA (even though they legally leave before 6 months on every visit)?

A: Caring for close family members, especially small children, is not considered ‘working’ unless those family members are so debilitated that they should have trained professional care but the family can’t or won’t pay for it. Grandparents babysitting grandchildren is considered ‘incidental’ to tourism.

https://www.quora.com/Do-you-think-its-a-visa-abuse-when-retired-grandparents-stay-for-a-long-duration-on-B1-B2-visa-on-each-visit-every-year-to-look-after-their-grandchild-in-the-USA-even-though-they-legally-leave-before-6-months-on

So grandparents should be honest when applying for the B2 then on what they intend to do in the US.