Can my sister return to the US with a work permit? 8 Answers as of August 18, 2011

My sister entered US with a 10 years visa. She stayed here for five years and she left the country without been deported. She worked with an American family baby sitting 2 new born babies. Is there any possibility that she can return to the country with a work contract with that family or the only way possible would be if I file a petition for her?

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The Ghosh Law Group
The Ghosh Law Group | Amy Maitrayee Ghosh
Since she has overstayed her visa, she is not eligible for any other visas as 10 year bar will apply to her.
Answer Applies to: California
Replied: 8/18/2011
Baughman & Wang
Baughman & Wang | Justin X. Wang
It looks she overstayed her visa for more than one year and then left. She is subject to the 10 year bar(she cannot return to the US for 10 years) unless she receives a waiver.
Answer Applies to: California
Replied: 8/15/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
If her overstay was after April 1, 1997 and on certain visa types, then when she returned home she has triggered a 10 year penalty before she can return. Not a question that can be answered generally without knowing the specifics of your sister's case, when she came to the U.S., when she left, type of visa. In any case she would need to qualify for a new visa and likely also get a waiver of the 10 year bar before she can return.
Answer Applies to: California
Replied: 8/15/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
She is subject to 10 year bar. She will not qualify for a visa unless a waiver is approved and it is almost impossible to get the waiver for a non-immigrant visa. If you are a USC and over 21, you may file a petition for your sister but she has to wait for her priority date.
Answer Applies to: Nevada
Replied: 8/17/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
Yes she could try to re-enter as a nanny, but if she previously overstayed then she will need a waiver also.
Answer Applies to: Florida
Replied: 8/15/2011
    441 Legal Group, Inc.
    441 Legal Group, Inc. | Gareth H. Bullock
    Yes it's possible but she may require a waiver.
    Answer Applies to: Florida
    Replied: 8/15/2011
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    It appear that your sister was illegally in the U.S. for more than one year. She cannot get a visa for 10 years if the Consulate finds out about her priorstay.Otherwise, she may be eligible for aJ-1 visa as au pair.
    Answer Applies to: California
    Replied: 8/15/2011
    Fong & Associates
    Fong & Associates | William D. Fong
    With a long term overstay and unauthorized employment she will not qualify for a waiver for any employment-based petition.
    Answer Applies to: Texas
    Replied: 8/15/2011
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