Visa for caring for elderly parents

[mowgli_1964 0]

My wife and I are Dutch citizens (The Netherlands). The Netherlands falls under the Visa Waiver Program which means we can visit the U.S. for up to 90 days without having to obtain a visa. This is great if you don't want/need to stay longer than 90 days.

However, my parents, aged 90 and 85 years have both had strokes and are in need of care. We'd like to go to them to care for them until they pass.

Having looked on the U.S. Consulate website, I've come to the conclusion that we'll need a non-immigrant visa. However, there is no visa "category" that seems to apply to our situation.

So, the question I have is: For which type of non-immigrant visa do I need to apply? In which category? (see attached list)

visa categories.tiff

[Harpa Timsah 13,258]

B2, visit for 6 months.

[mowgli_1964 0]

Thank you very much, Harpa Timsah!

Shalom!

Stan

[RhettVoe 282]

Providing care is considered work, whether paid for directly with cash or with room and board...one cannot work with a B2 visa, under ANY circumstances. The way to look at this situation is this: if you weren't there to provide care, a nurse of some kind would have to be hired; thus, you would be replacing said nurse/caregiver, and that person would then be deprived of employment. There are NO exceptions to this law just because the people for whom you might be working are relatives.

Probably you doubt this, so, when applying for the B2, tell the CO that you need the visa in order to provide 24 hour care for your parents...

[mowgli_1964 0]

Thank you very much, RhettVoe!

I'll take this into consideration.

Stan

[aaron2020 11,651]

Unfortunately, there is no visa that would allow you to come and provide care for a sick person.

Caring for a sick person is considered work regardless of the circumstances and lack of pay.

It's illegal to work on a visitor visa.

If you mention that you plan to use the visitor visa to come to the US to provide care for a sick relative, you will probably be denied for having the intent to work.

If you are denied a visitor visa, you will not be able to use the VWP which leaves you with no way to enter the US.

You may want to consider not being able to use the VWP if you are denied a visitor visa.

[Boiler 45,898]

You need an immigrant visa.

[nightingalejules 678]

You need an immigrant visa.

Well, sure, theoretically an immigrant visa would be peachy. But that's not doable in this case, since an immigrant visa for an adult child would take years before approval.

I agree with the person that suggested you go for a 6mo tourist visa. Just say that you're going to "be with" your parents. I would imagine that most of the consulate staff would understand that you'd partially be going to take care of them and do what would technically be considered illegal work - ie taking a job away from an American. But I suspect that most of those officers are not heartless, and will not deny the visa based on that, all other things being equal.

They will most likely grant you the visa, and the opportunity to be with your parents at the end of their lives.

I don't know this for a fact, but I think that most of them would ask you questions such that you won't have to admit that you plan to "take care of them."

You should never lie to them, but that doesn't mean you need to volunteer any info they don't specifically ask for.

[Boiler 45,898]

OP has not disclosed what options they may have.

Saying to lie and then saying not to lie, well.....

[mowgli_1964 0]

Thank you all for your input. Perhaps the easiest, albeit not the least expensive way to go is to travel under the VWP terms. 90 days in, return to Europe for a bit and then go again for another 90 days. . .

[Boiler 45,898]

Make sure you stay longer out than you do in.