Visitor visa rejected stating status violated

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caimmigrant

Registered Users (C)
Recently we applied for extension of tourist visa for my mother who was visiting us after I had my first child. In the extension application we provided the following reasons for extension:
"My daughter gave birth to a baby and I was offering her emotional and physical support to take care of her child and so I couldn't visit places that I wanted to visit."

INS rejected this indicating that the applicant claims that she was taking care of her grandchild for the past 6 months which is illegal employment and she has violated her status as non immigrant visitor. Although the employment identified was with a relative it nonetheless be employment and therefore not be authorized under the visitor for pleasure non immigrant classification"
I am very scared at this illegal status statemnet that it might effect my mom's future entry to USA. She wasn't doing any employment with me and how can they infer it as employment and state her total stay as illegal which sounds scary. Please help. I am very scared that they will not allow my mom to USA in future though she has 10 yrs multiple entry visa.

My mother was providing me the support that any mother typically provides to her daughters during her motherhood. She wasn't doing any employment. But INS interpreted as employment.

What should I do to clarify this to INS and how can I remove this illegal status mark from my mom's records. Please help me. Thanks in advance.
 
“INS rejected this indicating that the applicant claims that she was taking care of her grandchild for the past 6 months which is illegal employment and she has violated her status as non immigrant visitor”

---- INS(BCIS) is correct, your mother should have not attached the reason that she is taking care of the baby. That is illegal work on B1/b2 visa and she may not get any visa in future for US as her record of illegal work is in BCIS computer, she may be denied entry to US in it has effected her future entry to US. She did unauthorized work. You can’t do anything ask good lawyer like Sheela Murthy (she is in India at this time and will be back on 14-15 October) or contact our host Rajiv Khanna. Your mom record will stay with BCIS and she may not be allowed in US. You should discuss the options with lawyers and it is serious matter if she intends to visit US in future. Who gave you the advice to write that she is taking care of the baby?
 
ginnu is correct.

Contact a good lawyer to challenge their ruling now otherwise there can be problems later with you mother's future visits. "Lending emotional and physical support" may not constitute illegal work. The lawyer can probaly tackle this better
 
I guess we weren't good at constructing the sentence and also made the mistake in not communicating properly. Please read the sentence more closely. The intention was to say that my mother was providing emotional support to her daughter, which is me. She was in no way supporting nor taking care of the grandchild. Since there were too many "her" phrases in the sentence, the sentence ended up misinterpreted. Also what we meant by physical support was by providing emotional support she (my mother) was giving her daughter (me) the encouragment that her daughter (me) needs for her to gain physical strength that is needed to overcome the tough and strenuous times of first motherhood. I didn't meant that she is physically helping me or my baby. I guess we didn't stated clearly in the letter.


This was the sentence that was written in the letter.

"My daughter gave birth to a baby and I was offering her emotional and physical support to take care of her child and so I couldn't visit places that I wanted to visit."

Thanks a lot for the replies.
 
"My daughter gave birth to a baby and I was offering her emotional and physical support to take care of her child and so I couldn't visit places that I wanted to visit."

------ BCIS conclusion is correct, from the above statement she was taking care of the child and it is WORK according to BCIS. You should have never mentioned about “take CARE of child”
According to BCIS it is unauthorized work. Your mother may not be able to visit US in future. Go to good lawyer and see if they can do something it may not be possible to change BCIS decision. BCIS have the above statement from your mother in the record and no lawyer can change this statement now and it will be time consuming and wastage of money to challenge BCIS decision.

I know a similar case and that lady was not allowed next time to enter US she had 10 year multiple entry visitor Visa stamped in PP. she was sent back to India from JFK airport when at POE inspector checked her name, DOB in BCIS computer system. For your peace of mind you can discuss it with good lawyer. By writing the above statement to get extension of Visitor visa you have committed a mistake. You should have taken the services of good lawyer to file her visa extension; I hope you wanted to save lawyer fees and created trouble for your mother’s future visit to US. Don’t blame BCIS it is your mistake and you are responsible for the problem.
 
If only you had used the phrase " spend time with my daughter and grandchild" you would have been OK.
 
It's a pity that you have to pay a heavy price for being honest. Where are those people who advise honesty when dealing with INS?
It's a known fact that most mothers come here to help in the period around child birth. As long as you say that your mother has some more places to visit you will go scotfree. But if you are honest and say the truth, then they will punish you hard. And it's well known that Indian mothers don't get paid by their own daughters and sons.
I think if it means ban on re-entrty then I think it should last for 3 years or so. Please make a search on the internet to find out when a person can re-enter after being charged with illegal employment. Take the case to Sheela Murthy Or Rajiv Or Lorenzo M. Lleras /José E. Latour of usvisanews.com and fight it out.
It's not your mistake to not to consult an attorney before filing for extension, as most of us don't do it.
Relax as there will a way out.
 
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