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-   US Immigration, Citizenship and Visas (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/)
-   -   L1 approval whilst in the US on VWP (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/l1-approval-whilst-us-vwp-707559/)

lifehouse51 Mar 3rd 2011 10:08 pm

Re: L1 approval whilst in the US on VWP
 

Originally Posted by dwhittles (Post 9216188)
Have just spoken to my lawyer and he has clarified the situation for me. The kids can stay since they will be looked after by their grandparents who are B2 visa holders.

I think practically I can see it as a problem if during your interview at the U.S. consulate/embassy, you were asked about the whereabout of your kids, then it may get a bit too complicated to explain. Just have a good answer in mind.

And I personally wouldn't consider taking care of the kids (especially in the roles of grandparents, not as babysisters or neighbors) as working, even though it may feel like a full time job to some people, but I'm going off the tangent.

The bottom line is, you make the decision on what you wanna do.

meauxna Mar 3rd 2011 10:41 pm

Re: L1 approval whilst in the US on VWP
 

Originally Posted by lifehouse51 (Post 9216451)

And I personally wouldn't consider taking care of the kids (especially in the roles of grandparents, not as babysisters or neighbors) as working, even though it may feel like a full time job to some people, but I'm going off the tangent.

The bottom line is, you make the decision on what you wanna do.

But it is not you, personally, who makes that call. People have in all seriousness been denied visas and entry to the US when they come to the US to 'take care of their grandchild'.

If he makes the decision based on what he wants to do, it doesn't necessarily make it the right decision.
YOU wanted accurate information about your own situation when posting here for yourself, right? Not what was convenient, etc.

Bob Mar 4th 2011 12:05 am

Re: L1 approval whilst in the US on VWP
 

Originally Posted by ian-mstm (Post 9216396)
Your lawyer is an idiot. You can tell him I said so.

Ian

To be fair, the lawyer isn't the parents lawyer and probably saw another potential client in the works...

Bob Mar 4th 2011 12:08 am

Re: L1 approval whilst in the US on VWP
 

Originally Posted by lifehouse51 (Post 9216451)
I

And I personally wouldn't consider taking care of the kids (especially in the roles of grandparents, not as babysisters or neighbors) as working, even though it may feel like a full time job to some people, but I'm going off the tangent.

Unfortunately, looking after someone's kids, or taking care of a unwell relative is considered work, just because you are family and unpaid, doesn't mean that the work ordinarily wouldn't be a paid position.

Flabound oneday Mar 4th 2011 1:05 am

Re: L1 approval whilst in the US on VWP
 
i think its fair to say Ians posts are often blunt and to some people a bit offensive -however this time i think he is spot on.

IMO you are opening yourslef up to potentialhuge problems.
1 as stated 'child sitting' can be considered work and
2 the kids passports will need I94s stamped before the 90 days.

i would serioulsy consider a second opinion as you lawyers first one appears flawed, but thats just my opinion !!

lifehouse51 Mar 4th 2011 1:36 am

Re: L1 approval whilst in the US on VWP
 

Originally Posted by lifehouse51 (Post 9216451)
The bottom line is, you make the decision on what you wanna do.

Don't wanna get in an argument, and there are different ways to look at this issue. What I was trying to say was, no matter what advice other people give, a person would still do what he/she thought was the best thing to do, and as a result, had to bear any potential consequences of those decisions.

If it were me, I wouldn't do what was proposed by dwhittles. Why? There are safer alternatives that would also definitely be legal. Just tell the kids: "Stop whining about being on a long flight and getting over jet lag!"

meauxna Mar 4th 2011 2:06 am

Re: L1 approval whilst in the US on VWP
 

Originally Posted by lifehouse51 (Post 9216779)
Don't wanna get in an argument, and there are different ways to look at this issue. What I was trying to say was, no matter what advice other people give, a person would still do what he/she thought was the best thing to do, and as a result, had to bear any potential consequences of those decisions.

:) We agree there.

crg Mar 5th 2011 9:32 pm

Re: L1 approval whilst in the US on VWP
 
As long as the kids depart within the 90 days they had been granted and reenter with L2 visas, I don't see a problem. If dad departs foreign, gets visas for the kids, returns to the US, and then drops over to Canada and back with the kids, gets L2 I-94 for the kids on the way back, that should do the trick.

dwhittles Mar 7th 2011 3:28 pm

Re: L1 approval whilst in the US on VWP
 

Originally Posted by crg (Post 9220146)
As long as the kids depart within the 90 days they had been granted and reenter with L2 visas, I don't see a problem. If dad departs foreign, gets visas for the kids, returns to the US, and then drops over to Canada and back with the kids, gets L2 I-94 for the kids on the way back, that should do the trick.

That's exactly what I will do crg, although it will be the Bahamas not Canada.

Thanks for all your input.

crg Mar 7th 2011 4:00 pm

Re: L1 approval whilst in the US on VWP
 

Originally Posted by dwhittles (Post 9223533)
That's exactly what I will do crg, although it will be the Bahamas not Canada.

Thanks for all your input.

You will likely clear US customs and immigration in Nassau or Freeport so allow time for that. Check your I-94 to make sure they don't have any errors prior to leaving the inspection area.

BILDER Mar 7th 2011 5:51 pm

Re: L1 approval whilst in the US on VWP
 

Originally Posted by crg (Post 9220146)
As long as the kids depart within the 90 days they had been granted and reenter with L2 visas, I don't see a problem. If dad departs foreign, gets visas for the kids, returns to the US, and then drops over to Canada and back with the kids, gets L2 I-94 for the kids on the way back, that should do the trick.


Who the heck will take care of his kids? The grandparents CANNOT do so. It looks like the OP is ready to commit Federal offenses even before he has any work status here in the US. I cannot see how anyone (who has any comprehension of the laws) can encourage him to do this.
OP do not let the kids' grandparents take care of them in the interim. Take them with you. A little bit of inconvenience is no excuse for committing a serious offense.

Originally Posted by dwhittles (Post 9223533)
That's exactly what I will do crg, although it will be the Bahamas not Canada.

Thanks for all your input.

It looks like you have not bothered to ask your attorney about this. I seriously hope you won't break the law. Proceed with caution.

dwhittles Mar 7th 2011 6:16 pm

Re: L1 approval whilst in the US on VWP
 

Originally Posted by BILDER (Post 9223855)
Who the heck will take care of his kids? The grandparents CANNOT do so. It looks like the OP is ready to commit Federal offenses even before he has any work status here in the US. I cannot see how anyone (who has any comprehension of the laws) can encourage him to do this.
OP do not let the kids' grandparents take care of them in the interim. Take them with you. A little bit of inconvenience is no excuse for committing a serious offense.


It looks like you have not bothered to ask your attorney about this. I seriously hope you won't break the law. Proceed with caution.

Bilder,

Are you telling me that every time for the last 5 years that we have visited my wife's parents in the US and left the house for a few hours leaving our kids with their grandparents that they have been commiting a federal offense?!!?

Get a grip

BILDER Mar 7th 2011 6:25 pm

Re: L1 approval whilst in the US on VWP
 

Originally Posted by dwhittles (Post 9223916)
Bilder,

Are you telling me that every time for the last 5 years that we have visited my wife's parents in the US and left the house for a few hours leaving our kids with their grandparents that they have been commiting a federal offense?!!?

Get a grip

What is/was their status in the United States? Were they here for 5 years on a tourist visa? If they were here on a visit visa, absolutely they (and you) were committing rather serious federal offenses. Maybe you should get a grip. Respect our country? Respect our laws.

Noorah101 Mar 7th 2011 6:27 pm

Re: L1 approval whilst in the US on VWP
 

Originally Posted by dwhittles (Post 9223916)
Bilder,

Are you telling me that every time for the last 5 years that we have visited my wife's parents in the US and left the house for a few hours leaving our kids with their grandparents that they have been commiting a federal offense?!!?

Get a grip

I know it's a bit extreme, but if the grandparents do not have work authorization in the USA, it could be seen as such by USCIS, yes.

Rene

dwhittles Mar 7th 2011 6:31 pm

Re: L1 approval whilst in the US on VWP
 

Originally Posted by Noorah101 (Post 9223939)
I know it's a bit extreme, but if the grandparents do not have work authorization in the USA, it could be seen as such by USCIS, yes.

Rene

Ok. What if we hire a nanny to look after the kids but my Mother-in law cooks the food? Is this a federal offence?

Or would they be "disrespecting the United States and its Laws"?


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