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Did anyone bring/sponsor distant relative to USA ? Help needed

Discussion in 'Parents & Siblings' started by KavithaUS, Nov 9, 2012.

  1. Rihana

    Rihana Moderator Staff Member IL Hall of Fame

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    Even with mother/MIL visiting everything is fine as long as nothing goes wrong. If pissed off MIL calls up cops, unmentionable will hit the fan!!! Just because having mother/MIL over for help with babsitting, delivery etc is the norm with Indians, doesn't make it 100% safe and right.

    And if we are talking about doing the 'right thing', then, when mother/MIL go for visitor visa interview, they should state that they are going primarily for babysitting, and have already seen Grand Canyon, Niagara.. : ) so no tourism involved beyond local Hindu temple, and if there was no babysitting involved, they wouldn't be going to the U.S. : )
     
  2. whatisaguytodo

    whatisaguytodo Gold IL'ite

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    I was thinking more along the lines of violating labour laws, being charged with slavery (working without pay, mandated breaks every x hours, days off) etc. All the person has to do is make a 911 call if she gets angry about something.
     
  3. justanothergirl

    justanothergirl IL Hall of Fame

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    So taking bribes is legally ok as long as they are done in some un-numbered account in swiss carefully?

    FYI..the website you referred to is non-lawyer website...please refer to the foot note. So much for the expertise.
    Small tip..a lawyer will never give suggestions like the ones there esp on a website.
     
  4. justanothergirl

    justanothergirl IL Hall of Fame

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    Yes my mom came twice for my delivery and both the times she told the officer her daughter is pregnant and she needs help. He even joked and asked her if she was taking laddus.
    Americans understand that its a part of our culture.
     
  5. Rihana

    Rihana Moderator Staff Member IL Hall of Fame

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    Having distant relative over is legally as OK as having mother/MIL over. Providing mother/MIL lodging, food and taking care of their day-to-day expenses is legally considered payment. So, legally both are subject to same scrutiny, both are sort of breaking the spirit of the visitor visa's purpose, and both could land visa sponsor in trouble in situations like 911 call/police chat.

    Well-known immigration attorney Sheela Murthy's site has similar advice from her and her team of attorneys.

    Whether or not to mention the P word (daughter/DIL's pregnancy) in visa interview is a whole discussion. And it is a discussion for a reason. A lot depends on the discretion of the consular officer and how he interprets the laws.

    OP, I am assuming this is not hijack, and discussion helps your query! :)
     
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  6. justanothergirl

    justanothergirl IL Hall of Fame

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    No ....getting a parent who also helps at home as a part of daily routine
    is not the same as hiring cheap labor and paying them overseas illegally....trying to equate the two is
    a twisted argument at best trying to justify the unethical bending and skirting of laws.
    Lets just agree to disagree .
     
  7. KavithaUS

    KavithaUS Silver IL'ite

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    My close friend had her SIL come for delivery. And she gave her gold coins in return for her help. SIL readily accepted. So paying/gifting what ever you name it, it exists.

    To give more background- My aunt is from rural area and she is major bread winner for her family. Hence my mom agreed to compensate for her income to which she reluctantly agreed. My mom and MIL have no choice to help me out, they can't come to USA. Hence they both came up this idea to send aunt.
     
  8. 1Sandhya

    1Sandhya Platinum IL'ite

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    Rihana, you are comparing apples and oranges. The 2 cases are not comparable.

    IF MIL or mom gets pissed and calls the cops, the case, if it gets filed at all, will be filed as domestic disturbance. Reason, this is a dispute between family members. It will be processed also differently. Jail time may or may not be involved.

    If the illegal help gets pissed and calls the cops the case is treated as violation of labour laws, illegal entry into US etc etc. Jail time, deportation, and massive fines are involved.

    Similarly OP gifting her sister-in-law in gold coins is very, very different from what she is proposing which is highly illegal the way she is proposing to do it. A gift between relatives provided it is within the maximum amount allowed per year, is fine. It is your choice. There is no legislation regarding it.

    If people, even very famous people, do it they get caught and punished. I am sure you remember the headlines. There were even people nominated for high positions recently ( in the last decade) and because they had illegal housekeepers there was a big scandal and they had to withdraw from the post.

    It.is.simply.not.worth.it. <--- my opinion :)
     
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  9. 1Sandhya

    1Sandhya Platinum IL'ite

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    Kavitha,

    I do understand your plight. If you have any relatives in US try to take help from them. Or try to make an arrangement with a close friend in your city. Or hire a live-in nanny here. You and your husband will have to adjust and make do but it is not impossible. It will be a very good bonding experience for the new family. There are many cases where the mom or mil was supposed to come and visa got denied in the last minute so the couple had to make do on their own.

    But this is not such a big problem that you have to risk deportation , jail-time etc for it.
     
  10. Rihana

    Rihana Moderator Staff Member IL Hall of Fame

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    Sandhya, maybe I am not very familiar with immig. laws, visitor visa and 911 calls.. and I am not trying to suggest meticulous sticking to the law.

    If documents to invite distant relative are same as for mother/MIL, visa is the same, how will a call to 911 from either be treated as different? One is dispute between family members, and other is dispute between visa sponsor and visitor who came of her own free will. What written proof will pissed off distant relative aunt have that she is an illegal worker being denied employee privileges? won't the first thing to happen be that aunt will be deported if she says she is here on visitor visa and 'working'?

    How is gold coins to SIL different from money to distant relative? Op's friend gifted gold coins to SIL in return for coming over and helping. OP is thinking of giving money thru her mother to distant aunt for coming over and helping.

    I needed help for 4-6 weeks during a surgery as leaving our toddler daughter with babysitter even for 3-4 overnights was not a feasible option, and didn't want to impose on friends. I had a relative come over on visitor visa, I had helped this relative previously with money and did so again after the visit, things did get sticky during the visit as relative did not like having to really do the work that we do here (no maidservant...), so relative returned before the planned date. but, overall, it worked out fine. I think.

    I do get what you are saying about well-known politicians who got into troubel for cheap nannies from S.American and other countries, but I still don't see difference having SIL over and gifting her gold coins, vs distant relative and mom give her money in India.

    Anyway, hopefully OP has got enough feedback to be able to do her due diligence. Whether or not the risk is worth it depends on person and distant relative and other things.
     
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