Tourist Visa Denied (Was in USA 1 year back)

[Noah Lot 391]

Have you spoken with an immigration lawyer about a possible "inventive" solution to this issue? I know this will sound insane and only a well qualified attorney could really speak about the plausibility but you could hypothetically hire her as a housekeeper/nanny and sponsor her as a household employee. However, you WOULD have to pay her and pay her respective payroll taxes. As such, she's sort of burned her tourist visa abilities and technically you will be 100% honest about the reason for her staying in the US. Regardless of what she did or didn't do on a daily basis - when you are talking about 11 months in one place you are definitely crossing the line from tourist to resident.

Regrettably he cannot hire his MIL as a nanny because there is no specific visa that would realistically fit this category, given her age. There is an au pair visa (J1) but that is limited to people who are 18-26 years old.

An H2B visa for unskilled workers won't work for a plethora of reasons.

and B2 visa holders cannot work, whether or not they are paid directly in cash, or with room and board (and there is no exception for relatives).

And letters from attorneys will likely be viewed with a large dose of skepticism for a thousand and one reasons (and realistically will not convince anyone of anything). Immigration attorneys will say and do just about anything in exchange for money. But they are not empowered to make visa decisions nor order the COs to do anything.

These statements are factual (not the other substance)

[catknit 144]

Not knowing the consulate involved that may be very true - however I've seen a plethora of older women get H2Bs in Delhi to work for NRI families...cook, housekeeper, nanny positions.

[LIFE'SJOURNEY 970]

Not knowing the consulate involved that may be very true - however I've seen a plethora of older women get H2Bs in Delhi to work for NRI families...cook, housekeeper, nanny positions.

Generally those families are already living in India, and now they are moving back to the US. Please be advise that most of Noah's posting are correct, maybe his tone might need a little work , but his information is factual and correct.

[Ban Hammer 13,352]

giving the op a hard time is a good way to get the boot from this topic. if you are unsure of the facts in the case, ask politely for clarification. now either help the op out with advice or don´t post - it´s that easy.

charles

vj moderation

[Phantam 0]

Generally those families are already living in India, and now they are moving back to the US. Please be advise that most of Noah's posting are correct, maybe his tone might need a little work , but his information is factual and correct.

She/He makes good sense, but the way he/she started responding to my request was in bad taste... I am going through enough already to deal with his/her degradation. Thanks for your response.

[LIFE'SJOURNEY 970]

giving the op a hard time is a good way to get the boot from this topic. if you are unsure of the facts in the case, ask politely for clarification. now either help the op out with advice or don´t post - it´s that easy.

charles

vj moderation

Is there anyone person you are directing this post to?

[catknit 144]

I wasn't saying that Noah was passing bad info - in fact I agree with what he's said. But, Phantam's case is a little different, he is in a less than enviable position.

Sometimes you need an out of the box solution.

I only mentioned an attorney because I truly don't know the ins and outs of hiring household help from abroad. I'm guessing there is additional paperwork the average person may be hesitant to file on their own - heck I would want to know all my responsibilities before doing something like that and it isn't a topic typically broached here.

And just because you live in India with a staff doesn't entitle you to one in the US or for that matter an Indian one at that! The visas at least at Delhi are being approved for older women to do exactly what it appears Phantam wants for his mother in law. Again, I'm sure it's consulate specific. Again, it may not work.

[Phantam 0]

giving the op a hard time is a good way to get the boot from this topic. if you are unsure of the facts in the case, ask politely for clarification. now either help the op out with advice or don´t post - it´s that easy.

charles

vj moderation

Thanks a lot for taking time in responding to this. I did not talk about my wife's death at the start and there was good reason for it. If my MIL had to stay here and ask for extension, there was a valid reason for it... Why someone is having hissy-fit about this is I really do not know. I am here for advice and only need from someone who want to be respectful.Thanks again for your response.

[Phantam 0]

I wasn't saying that Noah was passing bad info - in fact I agree with what he's said. But, Phantam's case is a little different, he is in a less than enviable position.

Sometimes you need an out of the box solution.

I only mentioned an attorney because I truly don't know the ins and outs of hiring household help from abroad. I'm guessing there is additional paperwork the average person may be hesitant to file on their own - heck I would want to know all my responsibilities before doing something like that and it isn't a topic typically broached here.

And just because you live in India with a staff doesn't entitle you to one in the US or for that matter an Indian one at that! The visas at least at Delhi are being approved for older women to do exactly what it appears Phantam wants for his mother in law. Again, I'm sure it's consulate specific. Again, it may not work.

Yeah my main goal is that she can do the transition and we can go for vacation so that I can give her some happiness. Afterall she lost her young daughter while she had come here to help with the pregnancy. Thanks for your advice and taking time in responding.

[Boiler 45,559]

I think somebody is telling porky pies.

But lets say it was true and she died some point within the initial 6 months, then she still stayed an extra 5 months, a funeral would be a week or two.

You ignored my question.

How long was she here after the death of her daughter.

After all she lost her young daughter while she had come here to help with the pregnancy.

But you said she came as a visitor, which one is it?

Yeah my main goal is that she can do the transition and we can go for vacation so that I can give her some happiness

That does not need a US Visitors Visa.

[milimelo 4,486]

Have you spoken with an immigration lawyer about a possible "inventive" solution to this issue? I know this will sound insane and only a well qualified attorney could really speak about the plausibility but you could hypothetically hire her as a housekeeper/nanny and sponsor her as a household employee. However, you WOULD have to pay her and pay her respective payroll taxes. As such, she's sort of burned her tourist visa abilities and technically you will be 100% honest about the reason for her staying in the US. Regardless of what she did or didn't do on a daily basis - when you are talking about 11 months in one place you are definitely crossing the line from tourist to resident.

Only if he is a foreign diplomat posted in the US or US diplomat on limited time (few months) between the posts.Also needs legit proof of having employer-employee relationship - ie. contract in the past 12 months or more, providing prevailing wage or minimum hourly rate as determined by a state he lives in, health insurance, no more than 40 hrs per week of work, room and board, and of course payroll taxes.

Edited November 23, 2011 by milimelo

[Noah Lot 391]

Thanks a lot for taking time in responding to this. I did not talk about my wife's death at the start and there was good reason for it. If my MIL had to stay here and ask for extension, there was a valid reason for it... Why someone is having hissy-fit about this is I really do not know. I am here for advice and only need from someone who want to be respectful.Thanks again for your response.

There are three things to overcome or deal with:

1- your MIL remained way beyond the time she stated on her application (however, apparently there were somewhat extenuating circumstances), so we'll presume that this part, by itself, won't be an issue

2- your MIL was likely providing child care during her nearly one year visit - here, circumstances don't really matter

3- having just been away from work for a year, she now wants/needs several more months off, which doesn't jive with any normal work environment.

The consular folks have/will focus on two things: the protracted absence from her job and the issue of possible unathorized child care during her upcoming proposed visit.

Letters from anyone are not likely to nullify these two concerns. It may be better to wait some time...perhaps at least another year before she reapplies, because all of these previous things are still too fresh to be ignored. That is, sadly, the way it is. I do not have an instant, guaranteed solution and neither does anyone else (especially an immigration attorney!).

Others may offer some random thoughts or perhaps even agree with you that the concerns I mentioned should not be considered, but that won't stop them from being considered.

What a lot people forget (or maybe never knew) is that the consular folks must abide by the laws, and their judgment based on those laws, their training and experience. When a person who has never interviewed a single applicant nor studied the INA offers their opinion, well, you might well imagine how little that opinion matters. That is just the way it is.

I am sorry that you have endured a very sad occurrence in your life and I don't have a 'one size fits all' solution....I have, however, given you a very good idea of what the hurdles are that your MIL (not you) will have to cope with. Good luck.

[sjoefl01 1]

1. The child care was for her grandbaby. Surely that isn't viewed as employment.

2. She applied properly for an extension for a perfectly good and understandable reason. There was no unauthorized overstay. There is nothing illegal about helping your son and grandbaby overcome the loss of your daughter.

3. If it was my mother in law I would take a shot with another consular officer. I'd write a letter explaining exactly what you have told us.

4. There is nothing about wanting to come to the US to visit with your grandaughter that violates the intent of the tourist visa.

5. It would be great if your MIL could get a letter from her employer stating that she could return to her job after a leave of absence.

I see no harm in giving it a shot. If you can't afford to lose the application fee then you can't afford the airfare.

You have my condolences on the loss of your wife. Your story is heartbreaking. I must say that I am shocked at the flavor of VJ these days. This site was my life for a couple of years. It used to be a great place where people supported each other and shared each others joys and frustrations. It smells a little hostile and angry to me now. I think Ill go back to the auto repair forums. They are nice people.

[Boiler 45,559]

1. The child care was for her grandbaby. Surely that isn't viewed as employment.

Yes it is, so everything follows from there.

[Noah Lot 391]

child care = work. It matters not if such work was performed for a relative. If people doubt that child care is work, then why do people pay nannies and babysitters?