Having a baby want to get parents green cards to help with baby sitting

[Mocanca 1]

Hello!  

 

Visa journey was pivital in helping my husband become a US citizen.  You guys were so awesome when I went through the fiancé visa process.

 

now I’m seeking help/advice again. We are now expecting our first child after 8 years of marriage and are hoping to rely on his parents for help with the baby.  They currently have visiting visas valid until 2020 but that limits their stay in the USA for 6 months in a year.  We probably need them more than that and are trying to navigate applying for them to have permanent residency cards.

 

here is my question, if we apply for them to have permanent residency cards will they be able to still use their visas to travel to the USA?  We want them to come in August, when my maternity leave will be up.  We were going to apply while they were here in August BUT we keep hearing about how Trump May get rid of chain migration.  So if we apply now, while they are in their home country of Romania, does that mean they will be stuck there until there is a response?  

 

Any help/advice is greatly appreciated!

 

 

Edited January 15, 2018 by Mocanca

[NigeriaorBust 4,087]

   In theory they can still visit , but they will have a higher bar to prove they intend to leave.  

[TNJ17 1,329]

If your husband is a US citizen now he can petition for his parents and any other immediate relative but that process is very slow. I believe it takes years so you won’t be able to have them for your baby plans. If you apply for them, they can still visit while the process is underway, but they will have to show very strong ties to their home country in order not to be denied entry at POE, which will be a lot harder for them because of the immigration process and the baby. 

[geowrian 22,338]

1. They cannot use their tourist visas to come to the US to babysit. That is considered work, which is not permitted on a tourist visa. If you require a babysitter, then you will need to hire one authorized to work in the US.
2. They can still visit with a pending (or approved) I-130, although they should be ready to show their ties to return home as it may set a higher bar to show that they intend to leave.

 

25 minutes ago, TNJ17 said:

If your husband is a US citizen now he can petition for his parents and any other immediate relative but that process is very slow. I believe it takes years so you won’t be able to have them for your baby plans.

It's ~1 year processing time. There is no wait for the PD to become current for a parent.

Edited January 15, 2018 by geowrian

[Coco8 1,042]

49 minutes ago, TNJ17 said:

If your husband is a US citizen now he can petition for his parents and any other immediate relative but that process is very slow. I believe it takes years so you won’t be able to have them for your baby plans.

Not true. For parents of a US citizen it takes ~ 1 year.

 

 

 

 

Edited January 15, 2018 by Coco8

[Boiler 46,124]

1 hour ago, Mocanca said:

 

here is my question, if we apply for them to have permanent residency cards will they be able to still use their visas to travel to the USA?  We want them to come in August, when my maternity leave will be up.  We were going to apply while they were here in August BUT we keep hearing about how Trump May get rid of chain migration.  So if we apply now, while they are in their home country of Romania, does that mean they will be stuck there until there is a response?  

 

Not sure I am understanding but why were you looking to wait until August if you need them to undertake child care? Apply now seems the best bet.

Edited January 15, 2018 by Boiler

[Mocanca 1]

4 minutes ago, Boiler said:

Not sure I am understanding but why were you looking to wait until August if you need them to undertake child care? Apply now seems the best bet.

Hello!  

 

I certainly would apply now for sure, I wanted to apply earlier but I was told if I apply for them to become Permanent Residents that they will not be able to travel here.  I have to go back to work in August and will need the help then, so I thought I could bring them and then apply while they are here because at least they would be stuck here waiting and be able to be with the baby (Their first grand-child!).  I am realizing now that if they can indeed travel, albeit with a harder time, I may as well apply ASAP.  I am trying to divide the time between my parents and his but my parents have even more grandchildren so his are more available to help.  

 

In short I will apply now as long as there is still a chance they can travel to visit the baby.

13 minutes ago, Coco8 said:

Not true. For parents of a US citizen it takes ~ 1 year.

 

 

 

 

Oh wow that would be great news!  Thank you for the feedback!

[Boiler 46,124]

You need to bear a few things in mind.

 

To enter on a Tourist visa with intent to stay is illegal

 

To work on a tourist visa is illegal

 

And both are against the VJ ToS.

[Mocanca 1]

38 minutes ago, geowrian said:

1. They cannot use their tourist visas to come to the US to babysit. That is considered work, which is not permitted on a tourist visa. If you require a babysitter, then you will need to hire one authorized to work in the US.
2. They can still visit with a pending (or approved) I-130, although they should be ready to show their ties to return home as it may set a higher bar to show that they intend to leave.

 

It's ~1 year processing time. There is no wait for the PD to become current for a parent.

1.  They are coming to visit and help, I am not paying them they will be first time grandparents (my husband is an only child) and want to visit the baby for as long as possible.  They were granted these tourist visas back when my husband and I got married in the USA and they were given them for 10 years so they have been back and forth to visit several times.  Yes, I am using them to babysit but I wouldn't consider it work since I would also be using my US Citizen Mom if they cannot.  Its not a company its a family.

 

2. Could you give me any examples of how they would show that, would it be at the POE?  Bank accounts, jobs and such? 

[Mocanca 1]

Hi!  

 

I am sorry if I am not stating this correctly, these are my inlaws and I am not hiring them to work I am simply trying to have them here to help out with the baby.  I am not trying to have them stay here indefinitely, they wouldnt want that either, they have a 22 year old foster child and they have farm animals.  However, if I needed the help or couldn't manage, it would be nice for them to be able to stay past the 6 months which is why it would be great to make them permanent residents.  

 

Perhaps I am naive about using the word babysit, but in reality I mean having loving family support of grandparents.

5 minutes ago, Boiler said:

You need to bear a few things in mind.

 

To enter on a Tourist visa with intent to stay is illegal

 

To work on a tourist visa is illegal

 

And both are against the VJ ToS.

 

Just now, Mocanca said:

Hi!  

 

I am sorry if I am not stating this correctly, these are my inlaws and I am not hiring them to work I am simply trying to have them here to help out with the baby.  I am not trying to have them stay here indefinitely, they wouldnt want that either, they have a 22 year old foster child and they have farm animals.  However, if I needed the help or couldn't manage, it would be nice for them to be able to stay past the 6 months which is why it would be great to make them permanent residents.  

 

Perhaps I am naive about using the word babysit, but in reality I mean having loving family support of grandparents.

1 hour ago, TNJ17 said:

If your husband is a US citizen now he can petition for his parents and any other immediate relative but that process is very slow. I believe it takes years so you won’t be able to have them for your baby plans. If you apply for them, they can still visit while the process is underway, but they will have to show very strong ties to their home country in order not to be denied entry at POE, which will be a lot harder for them because of the immigration process and the baby. 

Thank you for your reply, it is helpful.

[Mocanca 1]

1 hour ago, NigeriaorBust said:

   In theory they can still visit , but they will have a higher bar to prove they intend to leave.  

Thank you, this is helpful!

[Mocanca 1]

Sidebar, sorry for the multiple quotes and replies, I can't remember how to use this site correctly!

[Boiler 46,124]

11 minutes ago, Mocanca said:

1.  They are coming to visit and help, I am not paying them they will be first time grandparents (my husband is an only child) and want to visit the baby for as long as possible.  They were granted these tourist visas back when my husband and I got married in the USA and they were given them for 10 years so they have been back and forth to visit several times.  Yes, I am using them to babysit but I wouldn't consider it work since I would also be using my US Citizen Mom if they cannot.  Its not a company its a family.

 

2. Could you give me any examples of how they would show that, would it be at the POE?  Bank accounts, jobs and such? 

1. The major advantage of being a GrandParent is you get to give them back.

 

2. Jobs, propety maybe, really the usual stuff which means they have to go back and could not stay even if they wanted to.

[geowrian 22,338]

20 minutes ago, Mocanca said:

1.  They are coming to visit and help, I am not paying them they will be first time grandparents (my husband is an only child) and want to visit the baby for as long as possible.  They were granted these tourist visas back when my husband and I got married in the USA and they were given them for 10 years so they have been back and forth to visit several times.  Yes, I am using them to babysit but I wouldn't consider it work since I would also be using my US Citizen Mom if they cannot.  Its not a company its a family.

 

2. Could you give me any examples of how they would show that, would it be at the POE?  Bank accounts, jobs and such? 

1. Whether you pay them or hire them is not the issue. The issue is if they are engaging in work. Babysitting is considered work and others have been denied entry and/or a visa for such activities. Whether or not you consider it work does not matter to USCIS or CBP. They do consider it work. I understand how this behavior is common in a family, especially immigrant ones, but that does not change the law. Work is work whether it's done for a family for free or performed for a company (with the latter obviously having additional requirements).
2. Bank accounts, job letters stating when they are due back, proof of property (or at least lease that has a penalty for breaking it), etc. Anything that shows why they are compelled to leave on time.

Edited January 15, 2018 by geowrian

[Mocanca 1]

20 minutes ago, Boiler said:

1. The major advantage of being a GrandParent is you get to give them back.

 

2. Jobs, propety maybe, really the usual stuff which means they have to go back and could not stay even if they wanted to.

1.  Haha well put!  

2. I understand, I am just not getting when/where they would have to present this?  Would it be at POE?  What I mean to say is their tourist visa's are valid to come and visit so when would they be presented with the need to show this evidence?

 

Thank you for your responses!

16 minutes ago, geowrian said:

1. Whether you pay them or hire them is not the issue. The issue is if they are engaging in work. Babysitting is considered work and others have been denied entry and/or a visa for such activities. Whether or not you consider it work does not matter to USCIS or CBP. They do consider it work. I understand how this behavior is common in a family, especially immigrant ones, but that does not change the law. Work is work whether it's done for a family for free or performed for a company (with the latter obviously having additional requirements).
2. Bank accounts, job letters stating when they are due back, proof of property (or at least lease that has a penalty for breaking it), etc. Anything that shows why they are compelled to leave on time.

1. I understand what you are saying now.  They are primarily coming to visit, the help is a sidebar benefit so I was confused by the responses at first.  We certainly do not want to violate any USCIS laws.  

2. Great examples thank you.  Same question I had to Boiler, when would they present this information?

Thank you both again for the information.