Frequent trips to the US on B2 visa

[patita 0]

Hello All,

I recently had a baby and my mother came to the US in August to help us take care of the baby so we can go back to work and not spend money on a day care. My mother (Polish citizen) is currently on B2 visa, I am a PR, my fiance is a US citizen. Mom got a stamp in her passport allowing her to stay up 6 months. She is going back home in February 2014 - 2 weeks before the due date in her passport. We were hoping that she could come back really soon and stay with us again but I am afraid that immigration officer might question her stay in the US.

She is 62 years old and she has been living with us this whole time.

I was thinking that maybe it would be beneficial to write a letter to the immigration officer and explain him the situation so they wont wonder?

Please help!

Thanks!

[Merrytooth 5,748]

A person with a tourist visa is not eligible to work - this includes babysitting for a relative.

Writing a letter stating your mother is babysitting in US for you??

Rule of thumb is to stay out at least as long as you were in.

If the CBP officer believe that she is "living" in the US and abusing the tourist visa, they can deny entry.

[Jon and Krissy 452]

A person with a tourist visa is not eligible to work - this includes babysitting for a relative.

Writing a letter stating your mother is babysitting in US for you??

Rule of thumb is to stay out at least as long as you were in.

If the CBP officer believe that she is "living" in the US and abusing the tourist visa, they can deny entry.

Your first assertion is absurd. It isn't working for a grandmother to watch her grandchild. Ferchrisakes. That isn't employment.

Your other points are valid.

[Merrytooth 5,748]

Writing a letter stating your mother is babysitting in US for you??

Rule of thumb is to stay out at least as long as you were in.

If the CBP officer believe that she is "living" in the US and abusing the tourist visa, they can deny entry.

Your first assertion is absurd. It isn't working for a grandmother to watch her grandchild. Ferchrisakes. That isn't employment.

Your other points are valid.

In some culture, grandmother watching her grandchild is understandable, family member helping out each other.

But in US immigration point of view, it is a job that someone (an American resident) could get paid to do.

Under this http://moldova.usembassy.gov/visitor-visa.html website:

"In the United States Foreign nationals in the United States on B-2 status are allowed to visit family and friends and travel throughout the United States. However, as tourists, they are not allowed to engage in any skilled or unskilled labor. This means that they may not perform any sort of activity for which an American resident would be paid. This could include working at a construction site, helping out at a friend or relative's place of business, or even babysitting a relative's children. A foreign national on B-2 classification who engages in any of these activities may have a difficult time qualifying for a tourist (or any other type of visa) in the future."

This is one of the example, where babysitting is not allowed, and tourist visa is cancelled. So it is not absurd!!

http://answers.yahoo.com/question/index?qid=20110531144228AA4I4jZ

[RhettVoe 282]

sorry, but child care is work, and as the OP said, they wanted to save money on babysitters...if her mom told CBP she was coming back to provide child care so her daughter could go back to work, her mother would be sent home immediately and her visa cancelled. There are NO exceptions to working with a tourist visa...there is no special chapter in our laws that states that grandmothers are exempt. If child care is not considered work, then why do au pairs need a J1 visa? Why couldn't American families just bring grandmothers from around the world to watch their kids for free?

If grandma was not there watching said child then a baby sitter would need to be hired..thus, grandma is taking the job of someone who is authorized to work in the US..it matters not if the person providing care (work) is directly paid in cash or, in this case, food and lodging...it all amounts to the same thing,..unauthorized work with a tourist visa...period. The INA makes no exceptions to the rule of not being engaged in any form of employment while in visitor status. Some people, however, believe (erroneously) that they (or their relatives) are the exceptions to the rules.

[Hypnos 6,576]

In general terms, tourists should aim to spend at least half of a calendar year outside the US. I think it would be unlikely CBP would grant her entry for another six months if she returned in just a few weeks from being here for six months already.

If, somehow, she was granted entry, I think CBP would probably only give her a handful of weeks at most, and it wouldn't be anywhere close to six months.

[NigeriaorBust 4,087]

She has been using a tourist visa to work in the US. The tourist visa allows here to be in the us for a total of 6 months out of 12 rolling months. Her next visit needs to be 6 months of more from now and if she gets caught working she will be banned.

[greta80 0]

Obviously the OP's mother is not coming to the US to work but to spend precious time with her granddaughter. I'm sure that grandma wants to see her daughter and grandchild without being paid for that. It happens only in our country that grandmas are being paid for taking care of their grandchildren. But that's another topic.

Where does it say that a tourist on a B2 visa can stay only up to 6 months during 12 month period?

Good luck to you girl.

[NigeriaorBust 4,087]

If you stay more than 6 months you have crossed the presumption of residing in the US , the opposite of green card holders who spend less than 6 months a year in the US )

[Boiler 45,482]

1. Obviously the OP's mother is not coming to the US to work but to spend precious time with her granddaughter.

2. I'm sure that grandma wants to see her daughter and grandchild without being paid for that.

3. Where does it say that a tourist on a B2 visa can stay only up to 6 months during 12 month period?

1. OP said otherwise. In addition it was to provide child care..

2. Nobody mentioned pay, whether she was paid or not for child care is not relevant.

3. Nowhere that I know of.

[RhettVoe 282]

The OP wrote: "I recently had a baby and my mother came to the US in August to help us take care of the baby so we can go back to work and not spend money on a day care."....note the key phrase..."not spend money on a day care..."....that statement removes the idea of a grandmother just spending time with her grandchild....

[Shiobhan 235]

The US Gov.classifys that as working...taking bread from a nanny or

day care center, they don't care about anyone's customs, if they want

g/parents only to sit kids petition them the day you find out you are

pregnant, a tourist visa cannot be used to live in the country, writing

that letter will cause her visa to be revoked and I would plan to let her

,stay out at least 5 mths. my neighbors mom visited for years, after she

had twins mom began to stay 5 mths leave for 3 then returned, CBP

tells her they will let her in because of her age 69 for 3 weeks only the

last time she visited, she did returned home in 3 wks but the embassy

would not renew her visa

Edited November 28, 2013 by Jihana

[RhettVoe 282]

I rest my case...if ANYONE can find the legal/moral exception to our laws, then please...post that FACTUAL AND LEGAL contradiction to the simple FACTthat no one can work in tbe US while in B2 status......now's your chance, all those naysayers or those who believe otherwise. ?.........??????anyone???

[RhettVoe 282]

Iam going to 'go outon a limb' and state that NO ONE will be able to find the LEGAL exception to relatives being allowed to work in B2 status.........now is your chance to prove me wrong.......tick tock...

[patita 0]

Thank you guys for responding to my post.

We only want our baby to grow up with a grandparent. My mom is a widow, i am her only child and we both miss each other. I grew up with my grandparents and its important to me to give the same start to our child. I think its normal that we want a relative to be around us. I dont know how it is in the US but it seems like having grandma to take care of their only grandchild is unusual and treated as labor.

My fiance and i talked about moving to Europe so we can see my family whenever we want, not whenever CBP officer allows us.

Is there better way to do that?

Can i start a petition for my mom as a PR or do i have to be a USC?

Thank you and happy Thanksgiving!