need help to bring my sister like a babysitter
- Thread starter natacha
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Triple Citizen
Registered Users (C)
Concerned4us
Banned
Not possible. Place your child in day care.
A visitor may NOT work - and that includes child care. If you cannot afford to pay child care, go when your spouse is at home to provide care.
A visitor may NOT work - and that includes child care. If you cannot afford to pay child care, go when your spouse is at home to provide care.
Jackolantern
Registered Users (C)
It's not illegal for a visitor to the US to care for a young relative without being paid (assuming they don't overstay the visa, of course).
Absolutely. Otherwise moms and dads of thousands of people would be "illegal" that way.
Concerned4us
Banned
Many people knowingly violate the law by babysitting while on B2 visa. It is considered working. If you do not believe it, have her appear at the consulate and give that reason as why she needs a B2 VISITOR visa.
If you cannot abide by US law, go where the laws are more to your liking.
If you cannot abide by US law, go where the laws are more to your liking.
Al Southner
Registered Users (C)
Who died and made you the king? There are people who violate laws in this country on a day to day basis, and I don't see you complain about it.
This gentleman can bring his sister to take care of his child, and just butt off him case, unless you are proving advise, just leave him. Do you remember Mark Foley, Jack Abramoff, Scooter Libby, Duke Cunningham, Jefferson $$ in the Freezer? 
Invictus, it is not nice to ask to ignore somebody, especially if you are not a lawyer yourself, and are dead wrong in this case. The monetary compensation in itself is not a direct issue here. It is considered to be an illegal employment, even if UNcompensated, to partake in activity that is USUALLY compensated or paid for. Thus, babysitting is a job, and is illegal on a B2, or any other non-immigrant visa without employment authorization.
TheRealCanadian
Volunteer Moderator
It's a slippery slope which easily falls into the realm of the absurd.
Let's say you have someone come to the US on an H, with a non-working H4 spouse. During the course of the day, that spouse drives the H1 holder to work, cleans the house, tends to the garden, looks after the kids, cooks dinner and gives the H1 holder a "little something special" after the kids have gone to bed. That's five (or six) activities that thousands of Americans make a living performing for money.
Clearly, common sense needs to be applied. I suspect that the sister is unlikely to get a B visa for looking after the kids. But incidental relatives looking after children isn't an issue.
It's illegal if you bring her here and pay her. If she comes as a visitor and HELPS FOR FREE there is nothing wrong with it. The only problem here is that she can't come for long time and will have to leave pretty soon.
Concerned4us
Banned
She is coming to care for a child so that a parent can go to school. This is far different than a visitor watching a child while the mother goes to the grocery store or the movies. One is clearly working and not permitted unless she has proper work authorization; the other is what a typical American family member or neighbor would do as a favor without the need for wages. A vistor visa will not be granted if that is the reason given for the visit.
It can be discovered during a naturalization review since a person with a child would either be claiming a child care tax credit or be receiving government assistance to pay for it. Scrutiny of a tax return will not show the expected items of a student with a small child. Are you willing to take that risk and answer any questions that might arise. Remember, lying to immigration officers is a very serious offense if you are not yet a citizen. Remember too that your sister may be adversely affected in the future if she tries to immigrate to the US. Illegal work is viewed quite harshly.
If cost of child care is an issue, OP would be far better off investigating programs providing assistance rather than pursuing the original proposal.
On the other hand, young people are viewed very suspiciously and have few ties to their home country as required; there is certainly a big question as to whether the visa would be granted.
It can be discovered during a naturalization review since a person with a child would either be claiming a child care tax credit or be receiving government assistance to pay for it. Scrutiny of a tax return will not show the expected items of a student with a small child. Are you willing to take that risk and answer any questions that might arise. Remember, lying to immigration officers is a very serious offense if you are not yet a citizen. Remember too that your sister may be adversely affected in the future if she tries to immigrate to the US. Illegal work is viewed quite harshly.
If cost of child care is an issue, OP would be far better off investigating programs providing assistance rather than pursuing the original proposal.
On the other hand, young people are viewed very suspiciously and have few ties to their home country as required; there is certainly a big question as to whether the visa would be granted.
Again, the question of pay or no pay is secondary. For example, it is illegal to take a volunteer non-pay (!) position in a company as, let's say, a secretary on a B-1 visa, because usually secretaries at private companies are being paid for their services, while it is perfectly legal to volunteer in a soup kitchen for homeless, because it is usually an unpaid, volunteer position. But hey, the OP's sister can knock herself out and tell the consulate officer that she needs a visitor visa for babysitting. Let's see how that works out for her.
Jackolantern
Registered Users (C)
If you tell them that is the primary purpose of the trip, yes you'll probably be refused.
But once you get here, nobody is going to harass you for looking after a young relative who lives in the same place where you are staying, even if USCIS is told about it. H4 holders (spouse and children) and visitors also regularly do other things like cook and clean and wash dishes and mow the lawn of the house where they stay, and that is not going to be classified as "work". If a teenage son applying for an H4 told the consulate the reason he needs the H4 is to mow his father's lawn every week and water his mother's flower garden every day, yes he'll have a problem with getting the visa. But once he gets here and does those chores as part of his regular household duties, no ICE officer would ever charge him with unauthorized "work" even they knew about it. If he mowed lawns or did babysitting for the neighbor that would be a different matter.
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Triple Citizen
Registered Users (C)
Just to let you know, there are visas for Au Pairs but there is an age cap for that. Thus I wanted to know how old she is.
Concerned4us
Banned
A child mowing the family lawn or washing dishes is not "working". (I'm sure a lot of teens would like to get out of their chores with this excuse.) If he did not do the task, it would likely be done by the parent.
i dont want to bring my sister like a visitor , i travel all aver the world and i never defraud the law and i dont need to . its not about money but i can not trust a babysitter specially my little baby need a lot of attention , he is not eating easily no babysitter will stay 3hours with my son to feed him a meal ...