Visitor visa rejection for my in-laws?

[arorapkj 0]

Hi,

I am here in the US on EAD (Employment based) and my wife came to US on F1 (student) visa and is now on OPT. I have 2 year old daughter. My Wife has signed a contract with US Army and is joining the training from April 2016. She will be US citizen after her training in August. We really need my in-laws to come here to take care of my daughter and I cannot wait until my wife becomes US citizen.

My in-laws visitor visa was rejected 2 times. First it was rejected when my wife had graduation ceremony after completing her Associate degree in nursing but they were denied the visa. I guess the reason could be because my father in law could not explain the purpose of visit since he is not well-educated and is a plumber by profession and does not earn much.

Second time it was rejected when it was my uncle's daughter marriage. Visa officer did not give the reason for rejection. I guess its because the rejection from last time.

Now, I am concerned if we should apply for the visa again or not. Here are my main concerns.

- Should I apply only for my mother-in law?

- Should we show that they are coming here to take care of the baby? Lot of people say we should not mention this but this is genuine case where the baby needs someone from the family?

- I guess most of you will agree that my in-laws/motherin-law should show the army contract.

- I heard that if the interviewee works for an NGO that helps during the interview. How true is this?

Thanks,

PJ

[Transborderwife 4,666]

I'm sorry but It's highly unlikely that they'll receive a visa. Bringing them

Over to look after a child is considered work taking a job from a USC

[Mollie09 1,543]

With your wife about to naturalize there's no reason for them to go back.

Zero chance.

[arken 4,197]

Mentioning the purpose of visit as "Taking care of a baby" will more likely lead to a rejection as that is considered a Nanny job. You can say like to see the daughter and granddaughter that they haven't seen for years. However the approval depends on how they present their evidence of ties to their country.

Usually chances of getting visa for attending graduation ceremony is higher than for just seeing the family members (as the CO will assume the family members can go back to see their parents). If they plan to present the similar evidence they submitted on previous application, getting the visa is definitely difficult.

[Darnell 8,478]

what country are they from ?

For any tourist visa, they must be able to show strong ties to that country, with reasons to return.

[mrskvelasco 30]

It will probably be very difficult for them to get a visa

[NigeriaorBust 4,087]

Once your wife is a citizen she can petition her parents and that process will take about a year

[Boiler 45,658]

Sounds like they need a work visa, not a tourist visa.

[Expat1 971]

Sounds like they need a work visa, not a tourist visa.

Grandparents taking care of their grandbaby is NOT work

[Boiler 45,658]

Grandparents taking care of their grandbaby is NOT work

Try doing it and let me know.

Big plus for being a Grandparent is being able to hand then back.

[HFM181818 750]

providing child care is WORK. And B2 visa holders are not allowed to work in the US...PERIOD. No exceptions.

If the grandparents don't get a visa, then the OP will have to PAY for child care, thus, babysitting is work. Relative or not, cash payments to the GPs or not, babysitting is work. If the in-laws tell the CO they are going to provide child care, their application will be denied before they can finish their sentence. For the disbelievers, please peruse the INA and find the exception for grandparents taking care of grandchildren.....good luck.

A strong CO will figure it out even if they don't tell them....

Q -'where does your son work? (answer)

Q- 'where does your daughter work? (answer)

Q - 'how old are your grandchildren? (answer)

End of interview.

When both parents work, someone has to take of the children....and trying the ever popular, 'oh, they have hired a nanny' is a joke....first, there is no proof of said nanny being hired; second, what is to stop the OP from firing the nanny the moment the airplane touches down?

Won't work.

Again, some disbelievers doubt what I have said, but all you have to do is find the exception in our laws.

I can tell you from my experience that I denied every B2 request that involved child care, answered unhappy phone calls from anyone and everyone, answered inquiries from congressmen/senators, whining phone calls from attorneys (who made up some bogus reason as to why the in-laws were traveling) and changed exactly ZERO decisions. And never a peep from the home office about these decisions.

I've seen thousands of reports from CPB when they have sent people home who have arrived to babysit with B2 visas.

Unfair? no. Work = work. If you think that babysitting is not work, good luck finding a teenager to care for your child on a Saturday night for free!

[dwheels76 5,468]

Grandparents taking care of their grandbaby is NOT work

You think so. I resigned from my job to come live with my daughter and son in law to care for my 4 grandkids. Oh yes it's work. Even if money never exchanges hands. My needs were taken care of my bills were paid. It's work. I loved it. I adore my babies. But care all day and night at times while they worked and went to school. It's work dear.

[Dakine10 5,452]

Grandparents taking care of their grandbaby is NOT work

When applying for a visitors visa, it would be considered work following USCIS guidlelines. MIL's first attempt at a tourist visa was denied for this reason.

[Dakine10 5,452]

Hi,

I am here in the US on EAD (Employment based) and my wife came to US on F1 (student) visa and is now on OPT. I have 2 year old daughter. My Wife has signed a contract with US Army and is joining the training from April 2016. She will be US citizen after her training in August. We really need my in-laws to come here to take care of my daughter and I cannot wait until my wife becomes US citizen.

My in-laws visitor visa was rejected 2 times. First it was rejected when my wife had graduation ceremony after completing her Associate degree in nursing but they were denied the visa. I guess the reason could be because my father in law could not explain the purpose of visit since he is not well-educated and is a plumber by profession and does not earn much.

Second time it was rejected when it was my uncle's daughter marriage. Visa officer did not give the reason for rejection. I guess its because the rejection from last time.

Now, I am concerned if we should apply for the visa again or not. Here are my main concerns.

- Should I apply only for my mother-in law?

- Should we show that they are coming here to take care of the baby? Lot of people say we should not mention this but this is genuine case where the baby needs someone from the family?

- I guess most of you will agree that my in-laws/motherin-law should show the army contract.

- I heard that if the interviewee works for an NGO that helps during the interview. How true is this?

Thanks,

PJ

Never guess at the reason for denial. That will lead to wasted time and money and a lot of frustration. Correcting that reason is the only way to get approved.

Each application is judged on it's own merits. As long as your father in law is not otherwise inadmissible, he will not get denied because of the past denial, but more accurately, because he has not remedied the circumstances that caused that denial. I would think if he can not explain the purpose of the visit, it would be difficult to overcome the presumption of immigrant intent, but again that is just a guess. You have to know the reason.

[Boiler 45,658]

The prior circumstances is that he wanted a visitor visa to work in the US, and still does.

How does he remedy that?