Help Please! Here on B2, NVC process ongoing, remote work for company outside US.

[UnaMexicana 153]

Hi All,

I enetered the US on B2 to visit with my husband. I have been here for 2 weeks and my vacation is up soon. I have a ticket to return on Jun 13. We are doing the IR1 process and after a looooong wait to have the i130 approved, the NVC process is going surprisingly fast.

We want to pursue the IR1 route vs. an AOS, but as we have had so much movement in our case since I last got here, I am getting anxious and thinking about a lot of things. I want to stay here with my husband and await the process until I have to go to the consulate for interview or have to return as stated on my i94, whichever happens first.

Since I work homebased in Mexico... it does not make a difference where I am to them... but MAYBE it will make a difference to CBP, DHS, and all the agencies in between....

SOOOOOO I have a few questions:

I was admitted until Nov 22. Is it OK to stay here on my B2 and work remotely for my employer in Mexico while I await the NVC processing? All I need is my computer to log in and do my work... which is for the Mexican branch of a US company. I get paid in Mexico from a Mexican employer... no funny business there. But since I am here on B2... well... that might not be ok.

I am aware that we need to submit a DS260 form. We have not gotten there yet but we will soon. Since that form asks about your last entry to the US, your current and previous employment... Would I have any problem if I state my last entry (May 23) and then state I am CURRENTLY still employed in Mexico? I am not asking if I should lie, I just want to know if when I tell the truth, that would raise any red flags on my case.

Do you think I would be better off if I just quit my job before my vacation ends? Would that keep me on the safe side?

I would really quit if that means I can stay here without any issues.

Thank you all for your help in advance!

UnaMexicana

[UnaMexicana 153]

Oh nevermind my question. I just talked to my lawyer and she told me that I need to go back when I said I would go back

Moderators could you please close/delete this thread?

Thank you

[Teddy B 17,252]

I was admitted until Nov 22.

If you were admitted by CBP until Nov. 22 of 2015, then you do not need to leave until that date. Just because you said you were returning on Jun 13th and have a ticket, doesn't mean your plans can't change. Is your passport stamped with a Nov. 22 departure date?

[Teddy B 17,252]

Also as for working remotely, you will get conflicting reports about it here. But I can tell you that my wife to be did it for a little over 3 months when she came here to visit me for the summer and never had a problem. She even asked CBP upon entry and they said it was fine as long as she wasn't taking money away from an American worker.

[UnaMexicana 153]

Yes it is!

But lawyer said if I had stated that I was returning on that day I should... otherwise I might have a hard time when I interview at the consulate for my immigrant visa. She said they could take that as a misrepresentation and request a waiver.

[UnaMexicana 153]

Pls don't shoot the messenger, hehe... I am only repeating what she said.

[Teddy B 17,252]

Yes it is!

But lawyer said if I had stated that I was returning on that day I should... otherwise I might have a hard time when I interview at the consulate for my immigrant visa. She said they could take that as a misrepresentation and request a waiver.

Never heard of such a thing and I doubt it would ever happen. You are allowed to stay until the date stamped in your passport.

[UnaMexicana 153]

Thank you Teddy B, your answers are much appreciated!

[Teddy B 17,252]

You're welcome.

You should ask your lawyer to cite a few cases where what she says actually happened, bet she doesn't come up with any. You might be asked why you decided to stay, but no way would it be misrepresentation.

Edited June 4, 2015 by Teddy B

[Boiler 45,525]

I rebooked my ticket years back, many do.

Can you work without authorisation, no, will it likely be an issue also no.

[MacUK 983]

Yes it is!

But lawyer said if I had stated that I was returning on that day I should... otherwise I might have a hard time when I interview at the consulate for my immigrant visa. She said they could take that as a misrepresentation and request a waiver.

Just remember that a lawyers main goal in life is to part you from your money so advice should never be taken completely at face value.

[UnaMexicana 153]

Hey Guys...

Just take a look at this reply from the lawyer...

Hi XXXXXX,

You are risking an inadmissibility determination when you go to your interview at Ciudad Juarez.

Clients who submit B2 visas or B2 renewals while their I-130 is processing are often deemed inadmissible for fraud. (WHAAAT?) Your case presents the added risk that fraud was committed when you entered the US and informed the CBP Officer of a departure date that was later switched. (This has not happened yet, I was considering changing the ticket from Jun 13 to end of Aug) If you're deemed inadmissible, your B2 will be revoked, you will have to prepare a waiver, and you would not be allowed into the U.S. while the waiver is processing. Waivers are arduous applications, there is no guarantee that it will be granted, and take over one year to prepare and process. You'd likely have to retain an attorney to assist you with the waiver.

Let me know if you have any questions.

According to her criteria I am in even deeper trouble than I ever thought possible. This is the lawyer we are paying to assist us.

I am not worried one bit as I know I have been playing by the rules every time I have visited the country, either for business or tourism... but I just want to know what you think...

UnaMexicana

[Boiler 45,525]

Time for a new lawyer.

Apart from anything waivers take about 5 months and I have yet to see anybody in this sort of situation require one.

[Teddy B 17,252]

Time for a new lawyer.

Apart from anything waivers take about 5 months and I have yet to see anybody in this sort of situation require one.

Agree on both counts.

[UnaMexicana 153]

Yea... Brrrrr... I think I am still shaken by her reply. Eventhough I have read a lot and did my homework here at VJ, it kind of gets to you that the person supposed to advise you and look for ways to help you is only trying to scare you and start making you think you need to pay them an extra fee.

I don't think it is right to make people feel like this. And I agree, this would be time to change lawyers if it came to that point.

Thanks!

UnaMexicana

Time for a new lawyer.

Apart from anything waivers take about 5 months and I have yet to see anybody in this sort of situation require one.

I know... thanks for your reply...

Agree on both counts.