Bad prognosis on visa for a live-in caregiver

B.J., Rockville, Md. Your son’s caregiver cannot get a green card based on your sponsorship. That’s true even if you cannot find a qualified U.S. worker to do the job. Before enactment of President Bill Clinton’s Illegal Immigration Reform and Immigrant Responsibility Act, sponsoring live-in household workers for green cards was common. Now, it is almost impossible.

Because your employee is here illegally, she would need to return home for her immigrant visa interview. Under the Clinton-era act, a person who leaves the United States after having overstayed a year or longer is barred from returning for 10 years. The law provides for a waiver of this “unlawful presence” bar only for the children and spouses of U.S. citizens and permanent residents. So, as a practical matter, unless your employee qualifies for a waiver, trying to get her a green card makes no sense. These rules have created a burden on many families, particularly those with two working parents and children who need care.

ALet’s see if Congress addresses this problem as it considers immigration reform.

QTanveer, New York Because you entered the United States legally, U.S. Citizenship and Immigration Services will grant you permanent residence (green card status) even if your student status lapses. A spouse of a U.S. citizen who entered legally can interview here for permanent residence and get the green card even if he or she falls out of status. The exceptions are those entering with transit visas or as crew members — employees on ships allowed to enter while ships are in U.S. ports.

A