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Help ! Help !! Out of status and Passport retained by employer

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  • Help ! Help !! Out of status and Passport retained by employer

    Our family friend came to USA about 4 years back on G5 visa. On arrival her employer grabbed and retained her passport. She was given a nany job and she was forced to pay back to her employer a major share of her income. This continued gor 2 years when her initial visa expired. She was never returned her passport. She kept on working without status with another family as a nany and now she is out of status for about 2 years. She did not share this information to anybody out of fear. Now she is fearing deportation.

    Can she get any legal help from any organization? Professional lawyers are out of question as she cannot afford them.

    Can she apply for a duplicate passport? (She has a photocopy of her original passport with visa stamping )

    Will the new law (in process) for illegal immigrants be of any help?


    ANYBODY ANSWER THESE QUESTION FROM HUMANITARIAN POINT

  • #2
    Originally posted by newdiamond
    Our family friend came to USA about 4 years back on G5 visa. On arrival her employer grabbed and retained her passport. She was given a nany job and she was forced to pay back to her employer a major share of her income. This continued gor 2 years when her initial visa expired. She was never returned her passport. She kept on working without status with another family as a nany and now she is out of status for about 2 years. She did not share this information to anybody out of fear. Now she is fearing deportation.

    Can she get any legal help from any organization? Professional lawyers are out of question as she cannot afford them.

    Can she apply for a duplicate passport? (She has a photocopy of her original passport with visa stamping )

    Will the new law (in process) for illegal immigrants be of any help?


    ANYBODY ANSWER THESE QUESTION FROM HUMANITARIAN POINT

    Thats a very unfortunate situation........I live in the DC/MD/VA area and last year a couple of African diplomats were prosecuted for the same thing.
    Your friend unfortunately switched employers after her visa expired and that hurts her a bit. But anyway, she could probably get justice.........but not wihtout consequences...........she is currently undetected and could possibly continue to live and work like that but once she makes a complaint against her former employers, that would surely change.
    Despite the employers behaviour, she has remained illegally in the US..and worked. USCIS is not going to just come and pick her up so she has to make a choice as to what is more important to her right now............going after the employers or remaining undetected...

    But if she wants to report them, the place to start is the Embassy/NGO to which the employers are assigned. But on that note..other than getting a passport what does she want?...............she cannot chnage her status any other way, since she's out of status, except through marriage and thats just the unfortunate truth. Once a person remains illegally, it colours evrything!
    There are many charitable nad reputable free/cheap immigrtaion clinics around........what state does she live in?..........catholic Charities is a popular one an dthe attorneys are evry expereinced. Check the Bar association for your state and a lot of them have immigration clinics staffed by their members who offer their services pro bono

    She can report her passport stolen/lost and request a new one from her embassy.

    Comment


    • #3
      Thanks

      Thanks a bunch, curiousone! This girl is christian (protestant from India) and what she is looking for is a valid working status so that she may apply for a GC. If you can suggest any charity which will legally help her that will b great! I am a hindu and have no knowledge or experience of any christian charity. I am trying to help her out because she blongs to my native place.

      Your help shall be highly appreciated. Thanks a lot.

      Comment


      • #4
        Unfortutately, unless and until there is achnage in immigration law she will not be ble to get a green card without leaving the US becasue she has remained and work wihtout authorization.........both illegal and that bars her from getting a green card (exception being if she marries a USC or has a USC parent/child filing for her)

        Google "Catholic Charities".......thats the actual name of the organization. I beliv etheir consulattion is around $60 but theres not much that can be done...becasue of her status

        Comment


        • #5
          Similar question...

          I have a similar question. The nanny we would like to hire has a G5 visa but is no longer working for the family that sponsored her. She left just the family 2 months ago and she has all of her papers (I-94, passport, social security card, visa), which are all valid (none expired).

          Is there any chance that she can apply for permanent residency or is she precluded given that she no longer works for the diplomat family and she has remained in the States? Is she still out of status given that 1) none of her paperwork as expired and 2) she has not worked since leaving the diplomat family.

          We'd appreciate any advice you can offer. Thanks!

          VaMommy

          Comment

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