6 months visa

[Andrea&Henry 311]

my mom holds dual citizen (spaniard/venezuelan) she has a venezuelan passport with a 10 years tourist visa (she got it a year before her citizenship ceremony) and a Spaniard passport so she can enter without visa.

 

On january 2014 I was due to have my son so she came to the States to help me with the baby. She of course entered the US with the venezuelan passport and received a 6 months stamp (she was planning to stay only 3 months but just in case I'd need her longer than that).

 

She told the truth: "my daughter and my son in law are about to have my 1st grandchild and I came here to be with her, support her and meet my first grandchild".

 

The Immigration officer was extremely nice to my mom and even congratulate her for the upcoming birth of my son. He even asked if it was a boy or a girl and his name.

 

No issues whatsoever. So I'm trying to understand why, being with a close family member for the upcoming birth of a baby is considered a "job".

 

I would understand if it's a friend, but is her sister and nieces/nephews, plus her husband is serving abroad. I don't think she is the only case of foreign pregnant wife of a military personnel who happens to need help for her child and herself.

Edited May 30, 2017 by Andrea&Henry

[Mollie09 1,543]

2 minutes ago, Andrea&Henry said:

my mom holds dual citizen (spaniard/venezuelan) she has a venezuelan passport with a 10 years tourist visa (she got it a year before her citizenship ceremony) and a Spaniard passport so she can enter without visa.

 

On january 2014 I was due to have my son so she came to the States to help me with the baby. She of course entered the US with the venezuelan passport and received a 6 months stamp (she was planning to stay only 3 months but just in case I'd need her longer than that).

 

She told the truth: "my daughter and my son in law are about to have my 1st grandchild and I came here to be with her, support her and meet my first grandchild".

 

The Immigration officer was extremely nice to my mom and even congratulate her for the upcoming birth of my son. He even asked if it was a boy or a girl and his name.

 

No issues whatsoever. So I'm trying to understand why, being with a close family member for the upcoming birth of a baby is considered a "job".

 

 

"be with her and support her" =/= "she cannot handle 3 infants on her own"

[Andrea&Henry 311]

Just now, Mollie09 said:

 

"be with her and support her" =/= "she cannot handle 3 infants on her own"

well in that case, the issue is her choice of words, not a true legal impediment how many here are stating. I'm trying to understand...

[geowrian 22,338]

15 minutes ago, Andrea&Henry said:

No issues whatsoever. So I'm trying to understand why, being with a close family member for the upcoming birth of a baby is considered a "job".

 

I would understand if it's a friend, but is her sister and nieces/nephews, plus her husband is serving abroad. I don't think she is the only case of foreign pregnant wife of a military personnel who happens to need help for her child and herself.

She certainly would not be the first, but it has happened numerous times here. As a tourist, you cannot engage in any activity that may displace a US worker. How that is assessed is, in part, a judgement call by the officer. Are they replacing the need for a babysitter? Nurse/in-home assistant? The officer may view it as just being there to support the person emotionally, while another officer may view it as being there to provide child care. In the OP's case it sounds like the latter to me - to help take care of the kids, not just visit her family.

 

I would personally say the odds aren't too bad, but the risk of losing the ability to visit is huge and would be tragedy. The much safer option is to just visit for 90 days.

[Unlockable 7,315]

It is also

44 minutes ago, Andrea&Henry said:

 

No issues whatsoever. So I'm trying to understand why, being with a close family member for the upcoming birth of a baby is considered a "job".

 

We didn't make the rules. But if you refer to the article I posted, it can be classified as a job. And like I mentioned  before, we know it happens all the time where immigrant relatives come to help. But just because a person was allowed through before, does not mean they will always be let in for the same reason or with ease. CO officer "B" could easily turn your mother away when CO officer "A" allowed her in.

 

Take some time to read the thread below about what happened to a guy's mother-in-law who was previously entering the US to take care of his child but when she tried to return was denied.

 

 

Edited May 30, 2017 by NuestraUnion

[Transborderwife 4,666]

My husband's mom passed away a few years ago.  She was his daughter's caregiver at the time and naieve me chose to try To come and stay to help look after her until he could get her into daycare.  That slapped me with a W/D application 

[David & Diana R 1,005]

11 hours ago, Regina89 said:

The thing is, I want to get there on july so that she can rely on me for the last month of her pregnancy.

If I only stay 90 days, that means I'll leave one month after the baby is born

Oh, well...

[Mollie09 1,543]

3 hours ago, Andrea&Henry said:

well in that case, the issue is her choice of words, not a true legal impediment how many here are stating. I'm trying to understand...

Not a choice of words, the difference is between a mother visiting a daughter and work that could be done by a hired nanny.

[Boiler 46,103]

Suggesting that somebody should work whilst visiting on the VWP is against the VJ ToS, my bible, it should be yours.

 

Perhaps the Sister could visit France with the children?

[CEE53147 559]

Few military families could afford a nanny.  Many live near the poverty line and qualify for food stamps, WIC, and free school lunch.

 

OP,  You sister should do three things. First she needs to attend the family support group for her husband's unit and get the contact information for the ombudsman and command leadership. Second, she needs to see what kind of "respite care" is available at the Child Development Center. Some have monthly free hours for each child of a deployed service member. Third, she and her husband need to see who in his family are available to help and get them lined up even if it is for only a week or two.

 

When she attends the pre-deployment FRG meetings, she should inquire about any special immigration services that might be available during her husband's deployment in the event of an emergency. She needs a backup plan in case an older relative needs to come and care for the children until her husband can get home.

 

The military families take care of each other. The ombudsman and the senior officer spouses are trained to handle situations that occur while the unit is deployed. All she needs to do is ask for help. Plan your visit close to the due date and enjoy visiting with your older nieces or nephews; the baby needs to be 6 weeks before it can stay at most CDCs but the older ones should be familiar with it and using it will relieve some of the stress of being a single parent. You will need to make sure you have the access documents needed to get onto base especially if they live in housing in a secured area. That can be a big problem if she is not with you in the car.

 

 

[sy1983 31]

On 5/30/2017 at 6:14 AM, millefleur said:

This is a terrible idea.

 

The CBP officers will obviously see that she was just in the US but a few weeks ago. She could be refused re-entry right then and there at the border.

So whats the appropriate amount of time that one can visit the U.S again ? 
I think you people are making it sound like the OP is committing some kind of crime. 

[Dutchster 1,107]

41 minutes ago, sy1983 said:

So whats the appropriate amount of time that one can visit the U.S again ? 
I think you people are making it sound like the OP is committing some kind of crime. 

"You people" Alright, so "we people" have seen it happen too many times that people got denied a tourist visa because of a situation like OP's. So of course, "we people" advise what's best and what the consequences are. The US Consulate or Embassy will see this as unpaid work if OP tells the truth why she wants to obtain a tourist visa while she has an ESTA privilege. Again; work that a nanny could do. 

[Jojo92122 1,924]

5 hours ago, sy1983 said:

So whats the appropriate amount of time that one can visit the U.S again ? 
I think you people are making it sound like the OP is committing some kind of crime. 

"We people" are talking from experience.   

 

It's not a crime.  No one has ever said that.

 

It's an HUGE impediment to getting a visitor visa to say grandmother is coming to care for the baby and her daughter.  Many grandmothers have been denied visitor visas for saying exactly that.

 

We people are trying to warn the OP.  We are not being mean as you implied.

[millefleur 5,047]

If you think we folks here on VJ are mean, wait until you meet some of the CO's during a tourist visa interview! We're just prepping her for what may come if she chooses that route. Oh and they may not even say why you're rejected, they'll just hand over the 214(b) and shoo you out the door.

[sy1983 31]

6 hours ago, Dutchster said:

"You people" Alright, so "we people" have seen it happen too many times that people got denied a tourist visa because of a situation like OP's. So of course, "we people" advise what's best and what the consequences are. The US Consulate or Embassy will see this as unpaid work if OP tells the truth why she wants to obtain a tourist visa while she has an ESTA privilege. Again; work that a nanny could do. 

 

1 hour ago, Jojo92122 said:

"We people" are talking from experience.   

 

It's not a crime.  No one has ever said that.

 

It's an HUGE impediment to getting a visitor visa to say grandmother is coming to care for the baby and her daughter.  Many grandmothers have been denied visitor visas for saying exactly that.

 

We people are trying to warn the OP.  We are not being mean as you implied.

This is why I never said to apply for a visitors visa. She is a national under VWP. She is able to stay for 90 days and leave the country and re enter the United States again.  If this is such a terrible idea, why is it that NO ONE can answer me. What is the appropriate amount of time that she is allow to re-enter the US again ? 

I think the US has way more problems right now then to care if a law binding visitor makes a visit ONE time a little too close than her previous entry.  

Ive also have friends from Taiwan and S. Korea that have there parents visit a few times a year. 

Do you really think helping out a family member at home is really consider work? 

It isn't child labor if a child works at a home owned establishment. Kinda the same thing .... 

no worries guys. I'm done .. you guys come up with whatever you want.  

I say multiple entry in a year is no big deal. If you are a law binding person under VWP.