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petitioning a nanny

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What is the name of your state? CA

Can I petition a nanny? The nanny can currently be here in CA or in their country.

thanks,
Joseph
 


ImmigAttyLana

Senior Member
You can petition a nanny for permanent residence but it is likely to take at least several years before she will be eligible for this status. If she is already in the US, she must be in valid status throughout the process in order to eventually benefit from this approval.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 
Esq Lana,
Thank you! If I want to petition a nanny and care for my kids then I'd have to go with one that is already here and has a valid status.

Joseph
 

ImmigAttyLana

Senior Member
Yes, but then if she would be already here and have a valid status, most likely you would not need to petition for her in any way; you would simply hire her since having a valid status would suggest that she has employment authorization. If she does not because she is in a valid status that does not permit her to work, then you would petition for her (assuming she can maintain that valid status throughout the process of you petitioning her) but it can take several years before that process would grant her permanent residence.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 
Esq Lana,
Your answers are prompting more questions from me =).
What if they are here and do NOT have a valid status?
On a different note, how are employers able to get nurses here quickly? Can't I do the same for a nanny that is currently located in their country? Can't I get them a working visa or something?

You mention that if I petition a nanny, that is located in another country, it would take several year for them to get permanent residence. Does that mean they can't come to CA and work for me while waiting for permanent residence?

thank you again,
Joseph
 

ImmigAttyLana

Senior Member
If they are already here and are not in valid status, then under the current laws they are not eligible to adjust status to permanent residence within the US even if you do file a petition on their behalf and it is approved. They would have to go to their home country for consular processing but the fact that they have been in the US unlawfully would cause them to trigger a 10-year bar to reentry upon departure which can only be waived by a showing of extreme hardship to a US citizen.

While the petition is pending on their behalf, they cannot get a temporary work visa because as a nanny, essentially an unskilled worker category, there is no temporary work visa available. The reason that nurses can be quickly sponsored from abroad is because this is a shortage occupation and in high demand so that there are visas available for that classification and there is an expedited process for petitioning for foreign nurses.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

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