sister wants to visit for 6 months: B visa or VWP?

Eligabex

Registered Users (C)
My sister in the UK (UK citizen, born there) wants to come and stay with me (recent US citizen, born UK) for an extended period of time (6 months) and we have been looking at visa options. We originally thought she could come for 2 3-month visits using the VWP, but a comment on this forum to a previous post suggested otherwise.

As suggested, we looked into applying for B visa. But from our reading on the B2 the overwhelming advice seems to be that if you are still of working age you are likely to be turned down, which then sets up all sorts of problems for entering on VWP again.

She is 39, may not be working when she comes but obviously plans to get a job when she goes back after her ‘sabbatical’ (she is going to see if her company will let her take unpaid leave but they may not so she may just quit her job), has a mortgage, car etc, saving of around $40,000, has parents, sister and nephews in the Uk that she would want to return to, though no spouse or kids of her own.

Generally over the last 3-4 years she visits me regularly for 2 week holidays (3 or 4 times a year) to see my kids (3 ½ year old twins) and her main concern is that she doesn’t end up in a position where she could be denied entry long term and unable to see her nephews who she adores (she’s not that bothered about me:D). She has never overstayed her time here.

So we are thinking again about VWP options and are thinking that she comes for three months – goes home for 2 – 3 months and then tries to come back again on VWP

So the questions are:

- How likely is it that she will be turned down on the second entry on the VWP?

- How much time would be recommended between visits to minimize problems – 2 months, 3 months, longer?

- What sort of evidence would she be wise to bring with on second time (and first time?) – would evidence of a job to go back to be critical here, or will money, mortgage be enough?

- One of my children has severe special needs/epilepsy – would explaining that she is coming to help give me some additional respite support help the case or might it hinder it and in some weird way add to their suspicions? (I am a single mother and her help is a real bonus for me)

- Would citing coming to help her special needs nephew be a positive factor in issuing a B2?

I obviously realize that so much is down to arbitrary immigration officers decisions and no one can say for sure- but I’d welcome peoples thoughts on what they would do.

Thanks for any advice

Eligabex
 
My sister in the UK (UK citizen, born there) wants to come and stay with me (recent US citizen, born UK) for an extended period of time (6 months) and we have been looking at visa options. We originally thought she could come for 2 3-month visits using the VWP, but a comment on this forum to a previous post suggested otherwise.

As suggested, we looked into applying for B visa. But from our reading on the B2 the overwhelming advice seems to be that if you are still of working age you are likely to be turned down, which then sets up all sorts of problems for entering on VWP again.

She is 39, may not be working when she comes but obviously plans to get a job when she goes back after her ‘sabbatical’ (she is going to see if her company will let her take unpaid leave but they may not so she may just quit her job), has a mortgage, car etc, saving of around $40,000, has parents, sister and nephews in the Uk that she would want to return to, though no spouse or kids of her own.

Generally over the last 3-4 years she visits me regularly for 2 week holidays (3 or 4 times a year) to see my kids (3 ½ year old twins) and her main concern is that she doesn’t end up in a position where she could be denied entry long term and unable to see her nephews who she adores (she’s not that bothered about me:D). She has never overstayed her time here.

So we are thinking again about VWP options and are thinking that she comes for three months – goes home for 2 – 3 months and then tries to come back again on VWP

So the questions are:

- How likely is it that she will be turned down on the second entry on the VWP?

- How much time would be recommended between visits to minimize problems – 2 months, 3 months, longer?

- What sort of evidence would she be wise to bring with on second time (and first time?) – would evidence of a job to go back to be critical here, or will money, mortgage be enough?

- One of my children has severe special needs/epilepsy – would explaining that she is coming to help give me some additional respite support help the case or might it hinder it and in some weird way add to their suspicions? (I am a single mother and her help is a real bonus for me)


- Would citing coming to help her special needs nephew be a positive factor in issuing a B2?

I obviously realize that so much is down to arbitrary immigration officers decisions and no one can say for sure- but I’d welcome peoples thoughts on what they would do.

Thanks for any advice

Eligabex

What you propose is illegal work. She is not permitted to enter to babysit for you. It is a factor in many denials of visas and and entry.

At her age, she should be working for her own future. Her past visiting history is appropriate for someone her age; she could continue with this pattern for many, many years.

You should be pursuing assistance for your situation with your special needs child with the schools and local social service agencies. There are respite care options for parents of special needs children as well as enhanced educational opportunities where they receive professional care. Your city might have a referral service to them. If you take advantage of the options available to you, you will not need your sister to work illegally.
 
I would recommend she visits under the VWP. If she applies for a B1/B2 visa and gets rejected, I think she won't be able to enter the US on VWP anymore so you have to be very careful. I know you really want her to come help out but like you can see, there are a lot of restrictions with that. Its very hard for your sister to convince the consular office at the US embassy that you'll be leaving her job behind in the UK and come spend 6 months in the US. With her multiple trips to the US and now asking for a 6 months visa, the consular officer might see her as an Intending immigrant.
 
Thanks for your comments, Concerned4us.

First, as you really don't know anything other than what is written here, you are making some huge assumptions about my sister's career plans, and what assistance I receive and am pursuing for my special needs child, so your advice in that case is rather presumptious and not appreciated. I would be grateful if you could confine yourself to the questions asked directly. But onto your first comment.

As, I am not paying her, I can't see how this is illegal work. I should clarify that 'respite' is the wrong term. It's really that my sons can get to do many more fun things (with or without me) when I have a family member visiting. That is what families do - they help each other for no pay. It will enable my child to some fun things that he wouldn't otherwise do. The disability is really a red herring - it would be the same if he was not special needs child. This is in part what she does when she visits for two weeks, and what my visiting tourist parents do when they visit for two weeks. Are they also illegally "working" (for no pay) when they take my child out, sometimes without me? What about my US citizen cousins and friends who sometimes take my child out. Are they actually 'working' for me too? What difference is it if she does this for 2 weeks, 3 months on VWP or 6 months on B2? Helping me with my special needs child is not the reason she is coming - we just wondered whether it would be helpful to include this factor. But it sounds like it might be the opposite, so the advice is well taken, even if I think it is ridiculous.
 
Visa Waiver Program is valid for only 90 days, and can't be extended very easily until unless its very emergency. So since its for 6 month better to go with visitor visa.
 
She can get her visitor visa while she still has a job and explain that she wants the piece of mind and the flexibility afforded by the visa as opposed to the VWP.

The issue about your sister coming to the US to help you with your child is something to which you should pay attention. You won't be paying her, of course, but then it can be construed as you soliciting free labour from a non-US citizen, resulting in a US citizen not getting that PAID job. It all sounds silly, but I think it's definitely something NOT worth mentioning during a visa interview.
 
Generally, the VWP allows only a 90 day stay with no extension applications (I-539s) allowed, EXCEPT for emergencies, as allowed under 8 CFR 217.3(a) for 30 days (like the recent quake that stranded Japanese nationals) where an exercise of discretion by any "Director" of any of the DHS Immigration Agencies is allowed to be delegated all the way down to the local office director who doles out that authority to the adjudicators. The Secretary has alternate authority to extend stay beyond those 30 days such as TPS and parole.

INA 217 [8 U.S.C. 1187]- VISA WAIVER PROGRAM FOR CERTAIN VISITORS

8 CFR PART 217—VISA WAIVER PROGRAM

Section Contents

§ 217.1 Scope. [62 FR 10351, Mar. 6, 1997]

§ 217.2 Eligibility. [62 FR 10351, Mar. 6, 1997, as amended at 62 FR 50999, Sept. 30, 1997; 64 FR 42007, Aug. 3, 1999; 67 FR 7945, Feb. 21, 2002; 68 FR 10957, Mar. 7, 2003; 73 FR 67712, Nov. 17, 2008; 73 FR 79597, Dec. 30, 2008; 75 FR 15992, Mar. 31, 2010]

§ 217.3 Maintenance of status. [62 FR 10351, Mar. 6, 1997]

§ 217.4 Inadmissibility and deportability. [53 FR 24901, June 30, 1988, as amended at 56 FR 32953, July 18, 1991; 62 FR 10351, Mar. 6, 1997; 74 FR 55738, Oct. 28, 2009]

§ 217.5 Electronic System for Travel Authorization. [73 FR 32452, June 9, 2008, as amended at 75 FR 47708, Aug. 9, 2010]

§ 217.6 Carrier agreements. [62 FR 10352, Mar. 6, 1997]

§ 217.7 Electronic data transmission requirement. [70 FR 17848, Apr. 7, 2005]

Authority: 8 U.S.C. 1103, 1187; 8 CFR part 2.

Source: 53 FR 24901, June 30, 1988, unless otherwise noted.
 
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