What explanation and documents should I include with Form I-539 to demonstrate B1/B2 visa compliance?

Lexi, Chatbot

I understand that ensuring your aunt's activities align with her B1B2 visa status is important. Can you share what specific activities she plans to engage in while in the U.S.?

Lexi, Chatbot

Has your aunt previously held a B1B2 visa, or is this her first time applying for it?

Clay G., Esq.

Hello! I am Clay H. Greenberg, an immigration attorney with several years’ experience, and I will be assisting you with your question today. Just a note--our conversation is for general legal information only and does not establish an attorney-client relationship. I understand you have a question about whether your aunt's planned activities are permissible on a B visa. Is that correct?

Clay G., Esq.

I see. Thank you for clarifying that. What are her proposed activities during her extended stay?

Clay G., Esq.

Got it, thanks for sharing that. While the idea of a family member visiting to help out seems natural, using a B-1/B-2 visitor visa specifically to provide childcare and perform household chores is generally not permissible under U.S. immigration law.

The U.S. government views regular childcare and housework as unauthorized employment, even if the family member is not being paid a salary. The reasoning is that these tasks are typically performed by paid workers (like nannies or housekeepers) in the U.S. labor market. If a visitor performs these duties, they are seen as displacing a potential U.S. worker, which violates the terms of a tourist visa.

Clay G., Esq.

Sure, I can provide some examples of activities that are permissible, but of course it is crucial that everything stated in her response is true and honest. If she says one thing in her response but then does something else, it could cause serious problems for future U.S. visa eligibility. For a B1/B2 visa, it is important to focus on activities that are clearly within the scope of tourism or visiting family without engaging in work. (8 U.S.C. § 1101) Here are some examples:

1. Tourism and sightseeing: Mention that she plans to visit local attractions, museums, parks, or other tourist sites.
2. Cultural activities: Attending cultural events, festivals, or community gatherings can be a good fit.
3. Family visits: Emphasize that she is here to spend quality time with family, such as attending family gatherings or celebrations.
4. Personal interests: If she has hobbies or interests, like photography or painting, she could pursue these while visiting.
5. Short courses or workshops: Participating in short, non credit courses or workshops related to her interests can also be appropriate.

These activities align more closely with the intent of a B1/B2 visa. You can frame her stay around these types of activities to support her extension request. Let me know if you need more details on any of these options.

Clay G., Esq.

You're very welcome. Best of luck to you. It was my pleasure to assist you. Have a great day!