Can a parent apply for a tourist visa while in the process?

[bbutterfly 12]

I am hoping someone can help me with this situation

I understand this process of bringing our parents here can take a while. My question is this one, if the case is not completed yet in a few months can my Mom apply for a tourist visa? She has been here several times and has always gone back on time. I had hope (and still do) that her case will be approve soon, but I ma also trying to weigh my options. We are expecting a baby, and I was informed that I will not be able to take more than 4 weeks of maternity leave. Husband can't take more than a week either, so I am trying to see if she can obtain a Tourist visa to help for a little bit and then go back home when things are ready for her

Thank you for your help

[Georgia16 2,858]

First of all you can not use tourist visa to have parents come and take care of your baby. That takes a job away from an american person.

Second to get a tourist visa you have to show strong ties to your home country so they can see you attend to come home.

With a pending application to move over there there they will see the intend to move and not come back.

Edited April 29, 2016 by Georgia16

[A'n'L 735]

The advice given us correct.

However, she may still apply for the tourist visa, no harm in trying.

For the baby, you will need to find a legal baby sitter or you or your husband could negotiate to take unpaid leave. Your mother cannot babysit while in a tourist visa.

[bbutterfly 12]

First of all you can not use tourist visa to have parents come and take care of your baby. That takes a job away from an american person.

Second to get a tourist visa you have to show strong ties to your home country so they can see you attend to come home.

With a pending application to move over there there they will see the intend to move and not come back.

Thank you for your prompt reply. I appreciate your feedback.

The second part of your post makes perfect sense and I didn't think of that. But forgive me to say that the first part does not make sense. I want my baby to be taken care of by family, I am no taking a job from an American citizen. It is well known that it is more beneficial for a baby to not be in a day care situation until their immune system is strong. There is a reason why maternity leave exists and more states are fighting for more time for maternity and or paternity leave. I am not paying my mom to take care of her grand kid. It is a family raising a child together as it has been done for thousand of years by citizens as well as non citizens. We are not talking about a trying to save some money for day care here, I will spend more than that on a plane ticket

Again thanks for your input

[bbutterfly 12]

The advice given us correct.

However, she may still apply for the tourist visa, no harm in trying.

For the baby, you will need to find a legal baby sitter or you or your husband could negotiate to take unpaid leave. Your mother cannot babysit while in a tourist visa.

Once again people she is not baby sitting. She is helping nurture her grand kids. I am not paying her. Billions of people here do that every day.

She has been here before and told the the consulate in my home country that she was coming to help me with my kids as it was hard for me to juggle school and family and they gave her a visa. Yes, that's the reason she gave and they gave her a visa several times

[Georgia16 2,858]

Thank you for your prompt reply. I appreciate your feedback.

The second part of your post makes perfect sense and I didn't think of that. But forgive me to say that the first part does not make sense. I want my baby to be taken care of by family, I am no taking a job from an American citizen. It is well known that it is more beneficial for a baby to not be in a day care situation until their immune system is strong. There is a reason why maternity leave exists and more states are fighting for more time for maternity and or paternity leave. I am not paying my mom to take care of her grand kid. It is a family raising a child together as it has been done for thousand of years by citizens as well as non citizens. We are not talking about a trying to save some money for day care here, I will spend more than that on a plane ticket

Again thanks for your input

I know the feeling we are very lucky here when it comes to maternity we have a whole year off so yes I know where you come from, however rules are rules ... Family members can not come to take of the baby on tourist visa.

[A'n'L 735]

Once again people she is not baby sitting. She is helping nurture her grand kids. I am not paying her. Billions of people here do that every day.

She has been here before and told the the consulate in my home country that she was coming to help me with my kids as it was hard for me to juggle school and family and they gave her a visa. Yes, that's the reason she gave and they gave her a visa several times

Don't shoot the messenger. It may make as little or much sense as it will, the rules are still the rules. If your mother couldn't help, you would have to pay a USC to help or work it out differently.

[bbutterfly 12]

Don't shoot the messenger. It may make as little or much sense as it will, the rules are still the rules. If your mother couldn't help, you would have to pay a USC to help or work it out differently.

I guess both consular agents broke the rules the 2 times she told them she was coming to help out while i was finishing school then! Because she was honest with them and they still gave her 6 months each time. And no, my MIL will be here, i have never sent my kids to day care before they were at least 4 months old. I have been blessed in that regard. I would love for my Mom to be here again for that time period, rather than my MIL because she just got back from spending a few months with us.

The first reason given about "intent" makes perfect sense to me and I am glad it was mentioned because I did not think of it. As far as taking a job from an American Citizen, I will not be doing that regardless of whether she can come or not. I am not looking for an "illegal" way to take care of my kid

Thanks for taking the time to reply

[aimar10 7]

I don't have an answer to your original question (I485 and tourist visa) but what I can tell you is thousands of Nepali parents (especially mothers) apply for tourist visa when their daughter-in-law or wives get pregnant in the US. I wouldn't necessarily disclose that they are applying for visas solely for the purpose of nurturing grandkids, though.

[A'n'L 735]

I guess both consular agents broke the rules the 2 times she told them she was coming to help out while i was finishing school then! Because she was honest with them and they still gave her 6 months each time. And no, my MIL will be here, i have never sent my kids to day care before they were at least 4 months old. I have been blessed in that regard. I would love for my Mom to be here again for that time period, rather than my MIL because she just got back from spending a few months with us.

The first reason given about "intent" makes perfect sense to me and I am glad it was mentioned because I did not think of it. As far as taking a job from an American Citizen, I will not be doing that regardless of whether she can come or not. I am not looking for an "illegal" way to take care of my kid

Thanks for taking the time to reply

I don't have an answer to your original question (I485 and tourist visa) but what I can tell you is thousands of Nepali parents (especially mothers) apply for tourist visa when their daughter-in-law or wives get pregnant in the US. I wouldn't necessarily disclose that they are applying for visas solely for the purpose of nurturing grandkids, though.

Grandparents may certainly visit to spend time with their grandchildren, nobody is denying that. There is a fine line however between being a visiting grandparent (which obviously entails providing some help and nurture), and providing daycare services.

[Transborderwife 4,666]

There have been many grandparents that have been denied at Poe or in interview because of this very reason. Call it nurturing or whatever, it's still in the eyes of USCIS taking a job away from a USC. You asked for advice, and you're receiving the proper advice.

[Unlockable 7,314]

OP,

Read the article below. It is about a German teen who wanted to vacation in the US. She also indicated she was going to help out a little with her new baby cousin while she was here. She was sent back home. That happened last August. It is not a mother or grandmother type situation but I reference it to show you how immigration take "helping with the baby" very seriously. Even if it is family that is not getting payed. To US immigration it is still a no-no.

http://www.cleveland.com/travel/index.ssf/2015/08/babysitter_versus_the_border_p.html

There is also a post where a member here whose wife died during childbirth. So he was relying on his MIL to help with the child since as he was grieving and now a single parent. The MIL had visited often and stayed a long time here (but never overstayed) but then was denied a return trip because of her frequent visit.

http://www.visajourney.com/forums/topic/339529-tourist-visa-denied-was-in-usa-1-year-back/?hl=%26quot%3Bwife+died%26quot%3B#entry5017218

The point is that tread lightly when arguing about "helping with your baby". We here on VJ wholeheartedly understand your point. But it is not us who made the rules and will be deciding if your mother can get a visa or enter the states.

Edited April 29, 2016 by NuestraUnion

[HFM181818 750]

It matters not whether the MIL or mom will be paid...all that matters is this: if neither your mom nor MIL were here to take care of the children, who would? Answer: someone who would be paid. There is no special exemption for relatives to use tourist visas to engage in what would otherwise be employment of any kind. While the two relatives may have avoided scrutiny, there could come a day when that changes....and when it does, and their visas are cancelled, it will be a long time before they get another one....(and no, a congressman's letter cannot override the laws).