Parent Sponsorhip question - Please help !

[dhirendra_sh]

Hi,

My mother lives alone in India.She recently retired from state govt job as school teacher.
Both my brother and I have been working in the US for 8 years now. I am a recent permanent resident. My brother has an EAD.

My mother's tourist visa was rejected FOUR times as follows.

Dec, 2000 Visitor visa rejected under Section 214 (b).
Jun, 2001 Visitor visa rejected under Section 214 (b).
Sept, 2003 Visitor visa rejected under Section 214 (b). (TWO times )


In 2004, i took my mother to Thailand to build some sort of travel history.

In 2005, i paid a good fees to an immigration attorney and have him contact US Consulate in Delhi through state department. I was told that consulate said, we cannot give her visa.Ask her sons to come back to India.


In 2007, my wife had a brain surgery and my own brain MRI came abnormal.I wrote to the FIRST LADY that my mother wants to visit us for ONE month as we are not well.

State department responded back by saying the following:
- The refusal of a visitor visa under INA 214 (b) does not mean that Ms.XXXX is permanently ineligible for a visa.She may reapply for a visa at any time, however, we recommend that individuals who wish to reapply do so only if they can present new or more compelling evidencr to overcome the prvious rgrounds of refusal.We ssure you that any future visa application submitted by Ms.XXX will be given every possible consideration consistent with U.S Immigration Law.



We are hesitating to try the visa again because of fear of fifth rejection.

I know Permanent Resident cannot sponsor parents green card.

I have below questions :
1). Based on my situation, what are the options ?

2). Can a US Citizen sponsor anyone for some type of visa so that my mother can visit US ?I heard that US citizen can invite someone for famliy help under some type of visa category. I can ask a close friend or relative who is a citizen to sponsor my mother in that visa category .


3). Can a US Citizen sponsor unrelated (no direct relation) persons green card ? This way , I can ask a close friend or distant relative (no close relative in US) who is a citizen to sponsor my mother's green card.

Thanks,

[Triple Citizen]

A1: Attempt a visit visa for the 5th time
A2: Visit visas do not need any sponsor. This is an incorrect and very common assumption on this forum for some reason.
A3: Not possible

Originally Posted by dhirendra_sh

1). Based on my situation, what are the options ?

2). Can a US Citizen sponsor anyone for some type of visa so that my mother can visit US ?I heard that US citizen can invite someone for famliy help under some type of visa category. I can ask a close friend or relative who is a citizen to sponsor my mother in that visa category .


3). Can a US Citizen sponsor unrelated (no direct relation) persons green card ? This way , I can ask a close friend or distant relative (no close relative in US) who is a citizen to sponsor my mother's green card.

Thanks,

[dhirendra_sh]

Hi TripleCitizen,

Thanks for your reponse. With respect to A2, I know anyone can apply for visitor visa on their own and don't need any sponsor.

But to visit US on your own, a person needs to be fairly rich especially when a person has no strong personal ties which is not the case with my mother.


My understanding was, that a US Citizen can sponsor some other type of visa for help to the US Citizen's family . It is not a tourist visa. It is some form of work visa.

Thanks

[Triple Citizen]

As far as my limited knowledge goes, no such provision exists.

Originally Posted by dhirendra_sh

My understanding was, that a US Citizen can sponsor some other type of visa for help to the US Citizen's family .

[Vegaj]

You can sponsor someone to come work to you like in a maid function. But is not a "Visit" visa since is work related. the sponsor needs to guarantee that the person will have a decent salary, medical insurance and other benefits, that taxes will be paid and that the person won't engage in illegal activities.

This is what they require:

Domestic Employees
Which employers qualify to take an alien domestic to the U. S. in non-immigrant status to work for them during a temporary stay?

U.S. Citizens who reside permanently abroad and are visiting the U.S. temporarily, or who habitually reside abroad in foreign service but are assigned to the U.S. temporarily and returning for a stay of no more than four years.
Non-immigrant aliens (bearers of B, E, F, H, I, J, L, M, O, P, or Q visas) who apply for temporary admission to the United States.
LEGAL PERMANENT RESIDENTS OF THE UNITED STATES (“GREEN CARD” HOLDERS) ARE NOT ENTITLED TO BRING TO NOR EMPLOY NON-IMMIGRANT ALIEN DOMESTIC EMPLOYEES IN THE U.S.


How does the domestic qualify for this special non-immigrant visa?

Each domestic employee applying for a non-immigrant visa must meet the following conditions:

The employee has a residence abroad which he or she has no intention of abandoning;
The employee can demonstrate at least one year’s experience as a personal or domestic employee;
The employee has been employed abroad by the employer as a personal or domestic employee, for at least one year (6 months for employees of American citizens) prior to the date of the employer’s admission to the United States; OR the employer can demonstrate that he or she has regularly employed personal or domestic employees for several years preceding the employee’s application for a B-1 visa;
The employer and the employee have signed an employment contract which guarantees: payment of the minimum or prevailing wages, whichever is greater; free room and board; that the employer will be the only provider of employment to the employee; and that the employer will pay the domestic’s initial travel expenses to the United States, and subsequently to the employer’s onward assignment, or to the employee’s country of normal residence at the termination of the assignment.

How to determine prevailing wage and other employment requirements?

For information regarding prevailing wages in the United States, you can log on to www.flcdatacenter.com and go through the OES SEARCH WIZARD. Choose the state(s) where you will be, and continue the search by choosing the kind of job. The following codes are the most used: 37-2012 Maids & Housekeeping Cleaners; 39-9011 Child Care Workers; 39-9021 Personal & Home Care Aides.


In addition to including the correct wage in the contract, employers are expected to understand and comply with all local employment laws that are in effect in any city/state they might visit (for example, some city/states require the payment of overtime when employees work more than 40 hours/week). To learn what these requirements are, employers should contact the appropriate state Department of Labor using the information available at http://www.dol.gov/esa/contacts/state_of.htm


What else is required if a visa is issued?

If a visa is issued, the employer is also responsible for obtaining work authorization for the employee upon his/her arrival in the U.S. Specifically, the employer must ensure that the employee applies for and receives an Employment Authorization Document (EAD) through the Department of Homeland Security (DHS) Service Center with jurisdiction over where the employee will be working in the U.S. This process requires the completion of DHS Form I-765 and the payment of additional fees to DHS. Information on this process can be found at http://www.uscis.gov/portal/site/uscis under “Employment Authorization.”


NOTE: Consular officers will generally not issue a new B-1 domestic employee visa to any employer or employee who has failed to obtain an EAD (see above) or otherwise comply with the requirements for a B-1 domestic employee visa, including ensuring that the domestic employee departs the U.S. in a timely fashion. Should a domestic employee abandon an employer in the U.S., the employer must report this immediately to Department of Homeland Security and to the Embassy to avoid further consequences to the employer.

[dhirendra_sh]

Hi Vegaj,

Thanks for a very detailed reply. I think this is the information i was looking for !

[Triple Citizen]

You sure this is what you want? You want your widowed mother to apply for a B-1 as the personal or domestic employee of someone else?

Originally Posted by dhirendra_sh

Thanks for a very detailed reply. I think this is the information i was looking for !

[dhirendra_sh]

Hi ,

I definitely wanted to know what the law was for US Citizens to sponsor someone on a non-tourist type visa.

Now, I understand it.I definitely don't want my mother to come this way !!!!!!!!!!!!

[Triple Citizen]

Phew!!! You scared me for a moment with your last post
I sincerely hope your mother gets her visa on her 5th attempt.

Originally Posted by dhirendra_sh

Now, I understand it.I definitely don't want my mother to come this way !!!!!!!!!!!!