ESTA and volunteering (split)

[SusieQQQ 11,587]

49 minutes ago, healthteacher said:

He isnt so young, they want to look at living here 3-6-mos a year during semi-retirement 

What, the thread was about a young niece coming to visit. 
 

ESTA is not suitable for part time living here.

Edited January 17, 2020 by SusieQQQ

[healthteacher 18]

Why does ESTA or tourist visa matter?

they have ESTA but can have a 6 mo tourist visa too if they want, either way its still 6 mos per year max

 

[healthteacher 18]

sorry but did I say niece? I did in a different post, not about this subject

[geowrian 22,338]

2 hours ago, healthteacher said:

Why does ESTA or tourist visa matter?

they have ESTA but can have a 6 mo tourist visa too if they want, either way its still 6 mos per year max

There are some very key differences between the VWP and a B-2 visa.

VWP is 90 days exactly. No extensions possible. You waive your right to contest removal. Unless you are the IR of a USC, you are barred from doing AOS or COS.

A B-2 visa can be granted anywhere from 1 day to 1 year upon entry, with 6 months being fairly common. Extension is possible. You can challenge a removal with cause. You can AOS or COS if eligible (you still can't enter with intent to AOS, though).

Getting a tourist visa from a VWP country can be difficult, and being refused usually means your ESTA will be revoked as well (it has to be updated after refusal).

 

But regarding work, they are the same.

 

There is no max duration per year with either the VWP or B-2.

Edited January 18, 2020 by geowrian

[SusieQQQ 11,587]

7 hours ago, healthteacher said:

Why does ESTA or tourist visa matter?

they have ESTA but can have a 6 mo tourist visa too if they want, either way its still 6 mos per year max

 

You’re missing the point. ESTA or B visa is for visiting. It’s not a free-for-all 6 months.  (Geowrian detailed the differences between the two nicely.)
Keep coming back on it too often, potential for CBP to wonder what you are actually doing spending so much time in US. They can’t have it just because “they want” it. It might be granted by the consulate, and entry might be granted by CBP. Or, at some stage, not. It’s not like they have the right to spend half a year in the US every year.
 

 

[healthteacher 18]

thanks for the detailed explanation!

They still want to ride along while I'm working!

[SunflowerSweet 1,321]

You’re wanting them to come live here for up to 6 months each year, but are worried about them riding in a car with you while you are doing work? One of those two things is much more clearly a problem.

 

That would be like saying I wouldn’t have been allowed to answer work calls and emails in the presence of a friend who was visiting on ESTA. Like it was explained before, they can’t partake in any activity that could be taking a paid job opportunity from someone else. I highly doubt this company would pay a wage to a ride-along buddy for you.

[JeanneAdil 6,606]

6 hours ago, healthteacher said:

thanks for the detailed explanation!

They still want to ride along while I'm working!

Let me explain from a different direction

i  take it you do service like a taxi driver or delivery like a truck

you work for an employer (or Uber with your own liability insurance)

to an insurance company you present great difficulties

anyone in business has to cover everyone who enters their facility 

if a visitor a person is covered under property insurance if they get hurt like a fall

if a worker they are covered under workman's comp

if self employed you would need to have your own insurance to cover anyone working on your behalf or riding with you

that would require a work permit 

riding with you / vehicle accident/  you would be responsible for medical bills 

understand?

if you have an employer he would not be happy to discover he is liable for the medical payments of a foreigner without work permit or green card

immigration is not the only agency involved in who can work or volunteer 

even charity organizations need to protect workers and if the volunteers are long term ,  they have to worker's comp (depending on the each state and the definition

 

perhaps reading the following (about student volunteers) would give you more insight

 

https://internationalcenter.umich.edu/students/employment-volunteer

[kris&me 572]

OP has ID of health teacher

so, you drive to and visit homes?

do you plan to leave this nephew in the car (in the heat or the cold)  or enter a house where the person getting health care is covered by HIPAA laws? You can not expose a person's private information to anyone 

[SusieQQQ 11,587]

22 hours ago, healthteacher said:

thanks for the advice, I take exterior drive by pictures of homes for a RE firm part time. I was going to have my tourist friend from Germany ride along with me on a few, but since I am technically working when I drive around, we will make other plans, bummer.

Just to remind you all what OP wants friend to spend 6 months part time accompanying them on 

Edited January 18, 2020 by SusieQQQ

[Oliversmom 250]

Just remember if they enter the US too often and they feel like they are living here their ESTA or B2 can be revoked.  There have been some threads here lately about that but I am too lazy to search for them.  I only say that because you mentioned something about them later living here 6 months a year.  

[healthteacher 18]

Here in Florida we have many people from Europe and Canada who buy vacation homes and retire here part time 3-6 mos per year