Legal Question in Immigration Law in California
Unauthorized Domestic Worker Rights
A young friend of mine was solicted to come to this country to work as a nanny for a family. They made a verbal promise to sponsor her so she can become a legal citizen once her visa ran out. She arrived here seven years ago and has worked for this same family the entire time. They reimbursed her travel expenses and paid her a salary in cash. They reniged on their verbal agreement regarding sponsorship and she became illegal once her visa expired. She has resently left her nanny position with them and would like to remain here in this country. What should she do?
1 Answer from Attorneys
Re: Unauthorized Domestic Worker Rights
Nothing can be done about the verbal promise as it was too speculative. Your friend is in a tough position and there's not a whole lot she can do. As a domestic worker, she won't qualify for some employment visas such as H-1. She might try being a student at a college or university and change her status at US consulates in Mexico or Canada but that's hard. If she hasn't been illegal for too long, probably the best recommendation is for her to go back to her country and try to get another kind of visa and come back.
Liem Doan, Esq.
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