Frequent trips to the US on B2 visa

[RhettVoe 282]

You have to be a USC....visa laws are different between various countries....our laws specifically prohibit working as a tourist, without exception....relative or not, paid or not, work = work and is not allowed by those in B2 status. You may not agree, your own cultural norms may be different, but once somebody arrives in the US in a certain status, the rules that govern that status prevail.

[Boiler 45,482]

In this case they are not all that different.

[nanana 74]

You have to be a USC....visa laws are different between various countries....our laws specifically prohibit working as a tourist, without exception....relative or not, paid or not, work = work and is not allowed by those in B2 status. You may not agree, your own cultural norms may be different, but once somebody arrives in the US in a certain status, the rules that govern that status prevail.

wow that's crazy!

so going this way in Poland over 50% of grandparents are working, for free thank God we have more family ties and no one sees taking care of your grandchildren as a job - but joy.

make the usc asap and bring your mum to live with you

Edited November 29, 2013 by nanana

[RhettVoe 282]

What one does in their own country, with their own time, is their own business....Polish citizens can obviously work in Poland, but I could not unless I had a work visa. The same is true in reverse,....folks holding B2 visas are not allowed to work within the borders of the US, and it does not matter if they are doing said work for a relative (or friend)....by the OP's own admission, her mother was providing child care so the OP and her husband did not have to pay for day care......isn't day care considered work? If not, why do people charge folks for doing it?

[NigeriaorBust 4,087]

If the grandmother was a US resident they wouldn't care , it is the fact she isn't that causes the issue, I know there are tons of non US residents that would get visas if someone here would give them room and board in exchange for watching a child. ( working ) but that is why it isn't allowed. If grandma isn't here you have to find child care so my her being here she is takin g that persons work away

[JayJayH 546]

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!

I understand the frustration regarding having a grandmother taking care of her grand child. It isn't considered "unusual." Nor is US immigration law based on the customs of Poland or any other country.

The main purpose of US immigration law is to protect US workers and the US economy, and thus the US as a whole. Hence why we don't just let anyone come here and work.

In the eyes of immigration, a family member taking care of a child is taking a job that any US teenager or nanny could do - for money. Thus a US job was lost, thus hurting the US economy.

So, in order to "harmonize" the "protection of US workers", and the other stated goal of our immigration system of "preserving family unity" - US citizens have the right to petition their immediate relatives to come live in the US. You cannot petition for a parent as a PR, but you can apply for citizenship after three years if you are still married and living with the USC who petitioned you.

Edited November 29, 2013 by Yang-Ja

[greta80 0]

I get what you guys are saying but I think we use the word WORK too much here. I don't know any teenager who is babysitting admitting that to IRS. They are always paid with cash so it is not a taxable income - but that's another story.

Grandma taking care of a grandchild is just taking care of her relative not for profit but because it's a pleasure to watch a grandchild grow up.

I understand that we have to follow immigration law but this is getting ridiculous. This woman, probably retired, brings her pension to the US and spends her money here.

Just wait until you will be able to petition your mom to become a PR. Does anyone know how long will it take?

My girlfriend is German and she was in the same situation but her and her husband decided to move back to Germany - US lost 2 ppl working, spending money, paying taxes because of the B2 visas regulations.

It is what it is..

[patita 0]

I dont consider my mother caring for my baby as a labor. Yes, we do want to save money but who wouldnt? It's the family ties that are important. I have no family here so any help even mental help is appreciated.

I guess i have no choice but start a petition for my mom to become a PR. God only knows how long it will take.

[RhettVoe 282]

Whether anyone agrees or not with our laws, the laws are still in force....if the OP wishes to test those laws, just have your mother tell the border folks exactly what you posted here...that she is coming to the US to provide child care so you don't have to pay for day care.....it won't do any good to have a support group chanting about how ridiculous the law is as she makes her way through border control. Our laws are not suspended just because some disagree with them. While you may choose to believe that her providing child care isn't labor, that does not jive with the fact that you know she has been providing child care in order to save you money (and thus, somebody who is authorized to work in the US, either as a nanny/babysitter or owner of a day center, has been deprived of the opportunity to earn a living). Lots of people post things on this site, claiming that the laws are unfair, the consuls are unfair, etc...but no one has yet posted any legal reference that supports their point of view.

As far as petitioning your mother, you cannot do that until you become a USC....according to our laws.

[Harpa Timsah 13,258]

You specifically said you did it so you wouldn't have to pay for a nanny. "Joy and pleasure" my eye.

Edited November 30, 2013 by Harpa Timsah

[RhettVoe 282]

Next we will hear about how having her mom here is merely for 'moral support' and that any diaper changing was accidental.

To the OP: something to consider --> if your mother attempts a quick turn around, and under questioning CBP discovers the true reason for her extended visit and re-visit, her visa will be cancelled...a visa is a privilege, not a right. Imagine how difficult it will be for her to obtain a new one...after all, what can she say to a CO that would make that person believe that she won't back babysitting again? An apology and a promise not to do it again won't do the trick....nor a letter from some random congressman, nor an intimidating phone call to the CO from your husband, etc.....her visa privilege could vanish, for quite some time....is that worth the money you might save on child care? Besides, if her visa gets cancelled, you will be forced to use the day care.

[Boiler 45,482]

Part of the Joy and Pleasure of being a Grandparent is that you get to hand them back.

[NigeriaorBust 4,087]

Here is what you wanted Your mother was being a personal domestic employee ( without proper pay which can get you in trouble) in a way NOT permitted. Let your mother try to come back again soon. Ignoring immigration laws can get both of you in trouble , her for misuse of the visa and you for not paying and reporting her as a domestic employee. If immigration comes by to check on your ROC or Citizenship application and find you have an illegally employed person there.

Visitor Visas for Personal or Domestic Employees (B-1)

You may apply for a B-1 visitor visa to work in the U.S. as a personal or domestic for your employer in limited situations. You may work in the U.S. on a visitor visa if your employer is:

• A U.S. citizen who has a permanent home or is stationed in a foreign country, but is visiting or is assigned to the U.S. temporarily; or

A foreign citizen who is in the U.S. on one of the following nonimmigrant visa categories: B, E, F, H, I, J, L, M, O, P, or Q.

Learn more about your rights in the U.S. and protection available to you by reading the Legal Rights and Protections pamphlet.

[JayJayH 546]

I get what you guys are saying but I think we use the word WORK too much here. I don't know any teenager who is babysitting admitting that to IRS. They are always paid with cash so it is not a taxable income - but that's another story. On paper they are required to report their income. How many actually do is a different story, but a teenager evading taxes does not change the actual law or logic behind it.

Grandma taking care of a grandchild is just taking care of her relative not for profit but because it's a pleasure to watch a grandchild grow up.

I understand that we have to follow immigration law but this is getting ridiculous. This woman, probably retired, brings her pension to the US and spends her money here.

Just wait until you will be able to petition your mom to become a PR. Does anyone know how long will it take?

My girlfriend is German and she was in the same situation but her and her husband decided to move back to Germany - US lost 2 ppl working, spending money, paying taxes because of the B2 visas regulations.

It is what it is..

She is of course allowed to spend time with her grandchild and help out around the house. There is a fine, yet blurred line between "visiting relatives" and "taking jobs away from Americans." No one is going to come knock on your door and put your mother in removal proceedings for taking your child to the park on Sunday. However, if she spends large amounts of time in the US, and becomes your child's day time caregiver, it will be considered work.

As far as sponsoring her to live in the US. You can sponsor her once you become a citizen. On what date did you become a PR? If you are still married to the petitioner, you can apply 90 days prior to your 3 year anniversary as a PR (conditional PR included). Takes up to six months from N-400 application until your oath ceremony. The minute you take your oath, you are an American citizen and have the right to petition your mother to immigrate on an IR-5 visa. The process and timeframe is very similar, almost identical, to the CR-1 / IR-1.

Edited November 30, 2013 by Yang-Ja

[Boiler 45,482]

I am sure in practice it happens all the time, one of those things that nobody is that bothered about but you should not make it an issue.

An issue would include applying for a visa with that stated purposes.

Telling the Officer at the PoE that was the purpose of your visit.

Pushing your visitor privileges. You are visiting, not living in the US.