QUESTION
Can my sister return to the US with a work permit?
Asked on Jul 29th, 2011 on Immigration - Texas
More details to this question:
My sister entered US with a 10 years visa. She stayed here for five years and she left the country without been deported. She worked with an American family baby sitting 2 new born babies. Is there any possibility that she can return to the country with a work contract with that family or the only way possible would be if I file a petition for her?
6 ANSWERS
Bankruptcy Attorney serving Los Angeles, CA
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The Law Offices of Amy Ghosh
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Since she has overstayed her visa, she is not eligible for any other visas as 10 year bar will apply to her.
Answered on Aug 18th, 2011 at 5:23 AM
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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She is subject to 10 year bar. She will not qualify for a visa unless a waiver is approved and it is almost impossible to get the waiver for a non-immigrant visa. If you are a USC and over 21, you may file a petition for your sister but she has to wait for her priority date.
Answered on Aug 17th, 2011 at 4:11 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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It looks she overstayed her visa for more than one year and then left. She is subject to the 10 year bar(she cannot return to the US for 10 years) unless she receives a waiver.
Answered on Aug 15th, 2011 at 2:06 PM
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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If her overstay was after April 1, 1997 and on certain visa types, then when she returned home she has triggered a 10 year penalty before she can return. Not a question that can be answered generally without knowing the specifics of your sister's case, when she came to the U.S., when she left, type of visa. In any case she would need to qualify for a new visa and likely also get a waiver of the 10 year bar before she can return.
Answered on Aug 15th, 2011 at 9:50 AM
It appear that your sister was illegally in the U.S. for more than one year. She cannot get a visa for 10 years if the Consulate finds out about her priorstay.Otherwise, she may be eligible for aJ-1 visa as au pair.
Answered on Aug 15th, 2011 at 7:27 AM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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With a long term overstay and unauthorized employment she will not qualify for a waiver for any employment-based petition.
Answered on Aug 15th, 2011 at 6:32 AM