Is it possible to sponsor my current au pair so that she can remain with my children?

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Is it possible to sponsor my current au pair so that she can remain with my children?

She has completed her 2 years with an agency and exceeded their age limit so there should be no conflict there. She has been with my children since they were 3 months old and has taught them Portugese. She has recently expressed an interest in staying on to study and work (she has her bachelor’s in nursing).

Asked on February 18, 2013 under Immigration Law, Massachusetts

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You cannot petition for her as an au pair once she is no longer eligible for the program.  If she has overstayed, as long as her I-94 is not expired, she can be petitioned for a green card but a process for a green card for a nanny can take anywhere from 4-6 years, during which she is NOT authorized to be in the country OR to work.


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