Domestic Worker Who "Jumped the Gun" is Forgiven by Customs and Border Protection

A Canadian Domestic Worker who had worked for a Canadian family for over 15 years had entered the United States only as a B-2 in order to prepare her own family for the upcoming temporary transfer to the U.S. (i.e. find housing, locate a school for the Domestic Worker’s child, etc.) , with the intention of simply resuming her Domestic Worker duties once the Canadian family entered the U.S. in H-1B status. Unfortunately, the Domestic Worker believed that she could remain in the U.S. in B-2 status while commencing her employment duties as a Domestic Worker [which is a permissible B-1 activity, but not a permissible B-2 activity] and simply apply for B-1 Domestic Worker upon her subsequent re-entry into the U.S.

Unfortunately, the Domestic Worker learned the error of her ways when she attempted to re-enter the U.S. and was denied entry. While chastising her for commencing her B-1 activities without first properly obtaining B-1 status, CBP also questioned whether her daughter, a Canadian citizen, had a right to attend a public school while she was accompanying her mother to the U.S., with her mother being the principal B-1 Domestic Worker and the daughter having derivative B-2 status.

Our research, supported by various provisions of the Foreign Affairs Manual, gave us the ability to demonstrate to CBP that the daughter, whose sole purpose of being in the U.S. was to accompany her mother, was allowed to attend public school as a B-2 derivative. After advocacy on our firm’s part, fortunately, the Domestic Worker was admitted as a B-1 Domestic Worker and her daughter was admitted and documented as a B-2, permitting her to attend public school.