Sister in law tourist visa

[Debfra 0]

My sister in law has been in the states on a tourist visa for six months. Right now instead of returning to her home country, Venezuela, she plans to go to Mexico for awhile and then hopes to return here in May when my husband and I are haivng a baby. Is this an OK plan?

My concerns are that she will only be out of the country for four months where she has been in the country for six plus is it Ok that she will never technically return to Venezuela?

We really don't want her to miss out on seeing the baby!!!!

[aleful 1,905]

hi

no. she probably will be turned down and not allowed to enter. when does she work? she doesn't have a life in her country. she can be denied due to immigration intent. 6 months is already a lot for a tourist.

[Debfra 0]

She works for a restuarant in Venezuela. If she returns to Venezuela for four months is reentry more likely?

[aleful 1,905]

hi

no one knows because she already has been here for a long time, and she has family here. and how will she keep employment if she's never in her country? will she have a job after she returns? it's not normal for an employer to give an employee so much time for vacation.

[Penguin_ie 5,996]

If she returns to Venezuela- or makes a good life for herself elsewhere, re-entry is more likely. Such as, if she gets a good job and will only stay two weeks to see the baby, then return.

[NigeriaorBust 4,087]

Going to Canada or Mexico specifically does not reset your time out of the country ( used to be an old trick and they closed that loop hole ( unless you are Canadian or Mexican of course ))

[RhettVoe 282]

What sort of restaurant offers its employees six months of paid vacation? I didn't know that the Venezuelan economy was so robust.

While she may be able to travel to Mexico, she will not be allowed to reenter the US after having just spent 6 months as a 'tourist.' She would be sent back to Caracas and her visa cancelled.

[Maleman 5]

I’m not sure I could add any facts to the details of your case, but I have always been amazed regarding immigration logic or lack of common sense. For example, let’s say you resided in California and getting ready to give birth to a brand new baby. And, your Mom lives in New York. There is no law on the books that states that your Mom cannot cross the state line and come and stay with you for six months or more. However, and I might add sadly, let’s face it mother’s around the world use the B2 tourist visa to visit their daughters. Are these mothers tourist by any means? Absolutely not! In most cases I will give USCIS credit for the majority of consultant officers at U.S. embassies across the world understand the connection of a Mother going to visit their daughter and new grandbaby. Most of the hardships that I have heard about directly are not in necessarily obtaining the B2 visa as much as dealing with the consultant officers at the POE. The consultant officer at the POE determines and approves how much time you will spend in the U.S. Again, in some very sad cases the consultant officer at the POE could deny your entry into the U.S., based on the answers to their questions.

[RhettVoe 282]

the correct term is 'consular officer', not consultant. Consul is also acceptable.

At a POE, there are border officials, usually from ICE (Immigration, Customs Enforcement)...they are not consultants either.

As to the logic of immigration law, again, expressed in a simplified manner,,,when grandma comes to provide 5 day a week child care, so mom does not have to pay for day care or for a nanny, that's when such action becomes work...and work is not allowed by B2 visa holders....period. One does not need a visa to cross state lines, so immigration law is not in effect. Green card holders and citizens are already authorized to work in the US; B2 visa holders are not, under any circumstances and no one yet has found the legal exception.

[aaron2020 11,651]

Im not sure I could add any facts to the details of your case, but I have always been amazed regarding immigration logic or lack of common sense. For example, lets say you resided in California and getting ready to give birth to a brand new baby. And, your Mom lives in New York. There is no law on the books that states that your Mom cannot cross the state line and come and stay with you for six months or more. However, and I might add sadly, lets face it mothers around the world use the B2 tourist visa to visit their daughters. Are these mothers tourist by any means? Absolutely not! In most cases I will give USCIS credit for the majority of consultant officers at U.S. embassies across the world understand the connection of a Mother going to visit their daughter and new grandbaby. Most of the hardships that I have heard about directly are not in necessarily obtaining the B2 visa as much as dealing with the consultant officers at the POE. The consultant officer at the POE determines and approves how much time you will spend in the U.S. Again, in some very sad cases the consultant officer at the POE could deny your entry into the U.S., based on the answers to their questions.

Your post makes no sense.

You are comparing US citizens moving and working in different states in the US with the rights of foreigners to enter the US to work.

US citizens have a RIGHT to live, work, and travel between states in the US.

Foreigners do not have the right to enter the US, be in the US, or work here without permission from the US government.

Would a US citizen have the right to work in your country? NO. So why would you expect the US to allow any foreigner in to take a job that could go to a nanny? Why would you expect the US to let any foreigner in if they cannot satisfy the questions at the POE. You do realize this is the last opportunity to screen visitors right. It happens in every country, even yours.

A visitor visa is for visiting. It is not so the family can get free child care.

Edited December 6, 2013 by aaron2020