eighthoursbehind

Hello kindly members.

I am a brit that married an USC six years ago. I jumped enough legal hoops a year and a half ago that I am now very happily living in Hood River, Oregon.

This forum was a huge help in finding out exactly what forms I needed obtain in order to get over here. I didn't need to join up and post as all the info I could possibly need was already asked.

My nephew who I am very close to would very much like to come over and join me for as long as he possibly can, up to a year.

He is 16 and would like to take some time out before starting college.

I part own and manage a family business here. It is a diner/cafe.


My sister assumed that if he comes over and works for me then he will sail through customs with hardly a stumble. I have tried telling her that i'm sure the longest he can stay would be for three months.

She assumes that if we sponsored him and gave him a job it would be plain sailing.. as a friend of a friend studying law managed it.

The only job we could give him, without firing a current member of staff (something I refuse to do..) would be as a busser. I doubt very much that the Dept of Labor would believe that we need to look quite so far afield to find one. And even if they did, i'm not about to fork out 5k to sponsor him!

Would I be right in assuming that he can come over for 3 months? Would I also be right in assuming that he would not be allowed to legally work while over here?

Would he be able to return to the states for another three months and if so how soon?

Kindest Regards,

Mark

ri_mischief

Pretty sure it would be three months only on VWP yes and he wouldn't be able to work. Experts will jump in soon!

Noorah101

That is correct. He can come visit using the VWP for 90 days at a time. Make sure he is honest when filling out the I-94W, there is a question on there about ever having been arrested/convicted. If it applies to him, he needs to be honest about it.

Correct again about not being able to work.

General rule of thumb is spend as much or more time outside the USA than inside. If he comes for 90 days, he should stay outside the USA 90+ days before trying again. The more times he visits, the more he can get questioned about the frequency and lengths of the visits.

Best Wishes,
Rene

meauxna

Hey Mark, how ya liking the weather up the gorge this week?
Seriously, what a drag.

Nephew can come for a lovely 90 day (not 3 month) summer holiday without work. Maybe he can learn some wind surfing?

You can let sister know that the law friend probably had some kind of J visa for this.
For longer term possibilities, you could look into the H-2 visa (seasonal work); you guys *do* have a tourist season there that could maybe work to your advantage. But I am not at all sure this is a do it yourself project.

Actually, sounds like a great research project for the motivated young man!

He could potentially return to the US after a 90 day VWP visit; the general rule of thumb is that he should be out as long as he was in.

/mo in Portland

eighthoursbehind

Thanks mo, I've let the kid and sister know the score. To tell you the truth I was a little concerned with what we would do with him for a whole year!!

Thanks for the link Gstein although it looks like its only applicable for university students and young professionals. Certainly something to kind in mind a few years down the line.

scrubbedexpat099

Gap year at 16?

eighthoursbehind

mhm, between school and college.

scrubbedexpat099

Things have changed since I was 16, we went to 18 and then some did a Gap year at Uni.

Never heard of anyone doing one at 16.

chicagojlo

I suspect it's because there are legal issues with letting a 16 year old go off around the world unsupervised, whereas once they are 18 they are free to do as they wish.