Visitors Visa. 23 yrs old, unemployed

[Amara_24 5]

Hi, I'm 23 yrs old and currently looking after my niece (US citizen) here in the PH. My sister (kid's mom) is visiting on the month of MAY to get her kid back to USA. I looked after her daughter 3 yrs of age for almost a year now, my sister was in US Military training. I, on the other hand, applied for a University in Canada for September 2020 school year and currently my agency is working on getting an admission. She wanted me to travel with them back to USA around the month of MAY 2020 because she was scared that if they leave me here PH there might be a negative impact on the kid as she got emotionally attached to me already and for time being they wanted me to be there when they will slowly take her over. They are willing to pay for everything and they want me to start applying now but have no idea.

About my sister:
She and husband has their own house
US citizen
Works in US military
Willing to provide everything (finances and documents)

About me:
Medical Technologist ( licensed)
Graduated 2018
Currently applying for Canada Student Visa for September 2020 (Health Information Management)
I also have Admission for Business Ad in SAIT Canada intake September 2020 but not yet enrolled ( can i use the admission letter from the university?)

Any Idea on how will I get Visitors Visa on my case. Thank you very much!!!

[geowrian 22,335]

Apply and find out. It's not a chance-based process. The CO will issue the visa or not based upon the merits of the case.

Good luck.

 

57 minutes ago, Amara_24 said:

Willing to provide everything (finances and documents)

You can list them on the DS-160 as the one paying for the trip.

No documentation from them is necessary or considered.

 

https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html

"Note: Visa applicants must qualify on the basis of the applicant's residence and ties abroad, rather than assurances from U.S. family and friends. A letter of invitation or Affidavit of Support is not needed to apply for a visitor visa. If you choose to bring a letter of invitation or Affidavit of Support to your interview, please remember it is not one of the factors used in determining whether to issue or deny the visa."

[Marieke H 2,314]

If you are wanting to go to the US to take care of the child (it sounds like you are), that would be considered work which is not allowed on a visitor visa.

[geowrian 22,335]

If the purpose of the trip is to watch over the child, then yes, that would fall under child care which is work. This is something that would normally be fulfilled by a US authorized worker.

If it is just spending time with the child while you visit the US, then that's fine.

Don't cross the line from visiting to working.

[arken 4,197]

As said there is only one way to find out, apply and hope for the best but in my view you have less chances of getting approved for two reasons.

1. Your age and unemployment: This is kinda a negative factor. I don’t think your admission approval from a Canadian university with pending visa application affects US visa approval.

2. Going to the US for the kid: That’s also a negative factor. Taking care of her while she transitions her life from you to her parents seem like working.

 

But you never know, you could be one of those lucky ones. Trying doesn’t hurt.

[Amara_24 5]

4 minutes ago, Marieke H said:

If you are wanting to go to the US to take care of the child (it sounds like you are), that would be considered work which is not allowed on a visitor visa.

Work = paid. I never got paid so I don't consider it as a work. The child has been observed as having some anger management problem and she's been depending on me. Parents think that it will have a negative impact on her if I won't be there while they slowly take over. At the same time I am free and still waiting for my student visa in Canada and Yes, I'm currently taking care of her but the parents want to take over soon after reaching USA.

[Crazy Cat 39,267]

1 minute ago, Amara_24 said:

Work = paid. I never got paid so I don't consider it as a work. The child has been observed as having some anger management problem and she's been depending on me. Parents think that it will have a negative impact on her if I won't be there while they slowly take over. At the same time I am free and still waiting for my student visa in Canada and Yes, I'm currently taking care of her but the parents want to take over soon after reaching USA.

Incorrect.......Work does NOT have to be paid......even Grandparents caring for their Grandchildren could be considered work.

Edited January 22, 2020 by missileman

[geowrian 22,335]

1 minute ago, Amara_24 said:

Work = paid. I never got paid so I don't consider it as a work.

That is incorrect, at least in terms of US immigration. Unpaid activities can be work, and they have enforced it as such. Being paid or not is not the determining factor.

Taking care of a child is certainly work. Ask any parent.

[Amara_24 5]

10 minutes ago, geowrian said:

If the purpose of the trip is to watch over the child, then yes, that would fall under child care which is work. This is something that would normally be fulfilled by a US authorized worker.

If it is just spending time with the child while you visit the US, then that's fine.

Don't cross the line from visiting to working.

Most likely, spending time with the child and visiting places but how will I prove them that I am not interested in working?

[Marieke H 2,314]

Just now, Amara_24 said:

Work = paid. I never got paid so I don't consider it as a work. The child has been observed as having some anger management problem and she's been depending on me. Parents think that it will have a negative impact on her if I won't be there while they slowly take over. At the same time I am free and still waiting for my student visa in Canada and Yes, I'm currently taking care of her but the parents want to take over soon after reaching USA.

I'm not talking about you taking care of her right now; that's totally fine and great that you can do that for them.

 

In the US, you are not allowed to work on a visitor visa. And work does not necessarily mean paid work. If you are doing something that a US citizen or resident could do and get paid for, it's work. So if you will be at their house all day babysitting their child while they go to work, you are considered to be working, even if they don't pay you. Be very careful with this. 

[Amara_24 5]

1 minute ago, Marieke H said:

I'm not talking about you taking care of her right now; that's totally fine and great that you can do that for them.

 

In the US, you are not allowed to work on a visitor visa. And work does not necessarily mean paid work. If you are doing something that a US citizen or resident could do and get paid for, it's work. So if you will be at their house all day babysitting their child while they go to work, you are considered to be working, even if they don't pay you. Be very careful with this. 

I didn't mean anything wrong by saying that WORK= PAID. What I'm trying to say that I'm not going there for the money only and I want to prove that and how? Thank You for your respond. It makes sense now

[SusieQQQ 11,584]

7 minutes ago, Amara_24 said:

Work = paid. I never got paid so I don't consider it as a work. The child has been observed as having some anger management problem and she's been depending on me. Parents think that it will have a negative impact on her if I won't be there while they slowly take over. At the same time I am free and still waiting for my student visa in Canada and Yes, I'm currently taking care of her but the parents want to take over soon after reaching USA.

US considers it work if someone would get paid for the same job, whether or not you get paid.
 

[Amara_24 5]

5 minutes ago, geowrian said:

That is incorrect, at least in terms of US immigration. Unpaid activities can be work, and they have enforced it as such. Being paid or not is not the determining factor.

Taking care of a child is certainly work. Ask any parent.

Thank you. Now, it's more clear.  Just trying to point out is, I'm not going to USA to earn money.

[SusieQQQ 11,584]

Just my opinion, you’d probably have a better chance at success once you have your Canadian student visa. (Admission letter by itself is meaningless, many people get admitted but refused student visas.)

Edited January 22, 2020 by SusieQQQ

[Crazy Cat 39,267]

3 minutes ago, Amara_24 said:

I didn't mean anything wrong by saying that WORK= PAID. What I'm trying to say that I'm not going there for the money only and I want to prove that and how? Thank You for your respond. It makes sense now

It's difficult to prove a negative......Back on point......To obtain a visitor visa you MUST show strong ties to your country to convince the Consulate Officer that you will leave the US after your visit.  In your case, that might be a challenge......but you risk only the $160USD.

 

EDIT:  It might be easier after you are actually attending classes in Canada.

Edited January 22, 2020 by missileman