Visitor Visa rejected stating violation of status

C

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.
 
I would say that the following is a well-known strategy:
Never ever tell INS that the grand-parents come here during the birth of
the grand-childs. INS takes these as serious threat to the childcare jobs.
I

hink, now it is best for you to send her to India right away. That will save
her from having immediate trouble. My 2 cents ...
 
I don't understand this bullshit by BCIS, how can taking care of your family be employment, I got visa for my parents as well as my in-laws twice stating that we need help at the time of the birth of the baby. Also we attaced the letter from doctor's office. Both times we got visa without hassles. I think it depends on individual how they treat each case according their own viewpoint.

But this is a very serious issue and we need to highlight this so that this comes into light and BCIS declare their stand on this.
 
It's bettter to talk to a lawyer to see what you can do. My cent is better to clean this thing up for the future...

Good luck,
 
Hi Caimmigrant

My first impression is that you should not have given such a reason for extension. As previously pointed out, your mother is taking away some ones' job (as a child care provider). Never ever mention that the parents are going to look after daughter or grand children etc. I understand your point from an emotional point of view. But logically BCIS doesn't allow any such reasons.
One of my friend's parents were asked why they are visiting USA every year for four to six months. They replied that they will not visit more frequently hereafter and got away with that.
There are no general rules for BCIS or immigration officers to reject someone's visa or entry.

The best thing is to consult a lawyer and see how nicely this could be resolved. Otherwise there is a potential danger for furture entry for your mom. (We know that people here do lots of dirty things and get away very easily and people like us who likes to keep our slates clean are getting penalised for telling the truth). DON'T VOLUNTEER INFORMATION TILL IT IS ASKED.
(American style to survive).

Hope you get this issue resolved.

All the best
Sekar
 
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