Legal Question in Immigration Law in California

Hello.

I came to the US with a J1 visa and I brought with me a nanny from my country, who was granted a B1 visa. I am about to leave the US but she is refusing to come back with me. I would like to know what I risk if she stays illigally. Moreover, I have to come back next year on the same premises as this year. I am worried that when I will apply for a B1 visa for my new employee I will be denied one on the grounds that my previous employee remained illigally in the US. Is this the case? If I go to the police to say that she is staying would my own situation improve?

Thanks,

Emily


Asked on 12/06/12, 7:02 am

1 Answer from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

You cannot force other people to do things such as leaving the country. Your nanny has a B1 visa whereby she promised to leave after a certain period (usually 6 months). If she overstays than it is at her peril, not yours. Lastly, the police has no jurisdiction on immigration law enforcement. So, complaining to the police about this is an exercise in futility.

When you plan to return next time, just make sure to answer questions truthfully and you should be fine. Perhaps you should consider hiring local nanny instead of bringing one with you.

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Answered on 12/06/12, 7:19 am


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