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How do we begin the process of getting someone who lived in

the Philippines a VISA to...
How do we begin the process of getting someone who lived in the Philippines a VISA to come to the United States to live with my husband and I? She is currently in Dubai and her visa is due to expire in July. Is this question a 4 part answer? My husband works as a civilian contractor in the middle east for USCENTCOM. He met this woman while working in Qatar, but she lost her job and was deported. Where do we begin? What documents are needed?
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6/20/2013
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 12,634
Experience: Write FOR JAMES to get my help!
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Thank you for using Just Answer/Pearl. Please note that I earn my living by helping customers like you. I only ask that once you've received your answers, you rate me positively based on the customer service I provide you, and not the outcome, for which the law sometimes does not have a good solution. If you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further.

For what purpose is she coming to the US?

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Customer reply replied 4 years ago

I am disabled and she will be coming to live at our home and be our housekeeper. We will be providing her a place to live, food, clothing, basic essentials plus a salary of $250 a month. All her needs will be met by us.

Hi Kathleen,

And you and your husbands are US citizens?

When do you want her to come to the US?
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Customer reply replied 4 years ago


My husband and I are both US Citizens. My husband is a US Army Reservists and I was formally a corporate law paralegal. We want to get her here ASAP, as she has no family that she can live with. We want her to live with us here in Land O Lakes, FL.


 


 

Hi Kathleen,

So just to clarify, will you and your husband be living here permanently and you want her to come and do the same?
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Customer reply replied 4 years ago


Yes; however my husband lives in Qatar 330 days out of the year, as he is on a contract to work there for 3 1/2 years. He comes home twice a year

So will she be coming to the US to live permanently, as your housekeeper helping you, even when he is outside of the US?
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Customer reply replied 4 years ago


Yes. I am unable to clean a 3,000 square foot home and I have to have a double lung transplant within 2 years. I will need care after the surgery as well. We want to provide her with an opportunity she will not get anywhere else. We need to know what documents we need to complete and what documents we need from her?

Hi Kathleen,

Bear with me here. I am going to tell you everything you need to know, but you should understand first that I do not write the law, nor can I change the law. I am only a messenger of information. So please don't hold it against me that the news I'm about to share is not good news. Again, I am only providing you with information about the law as it currently stands.

A temporary working visa for a maid or housekeeper is not available to a US citizen who is living in the US permanently. So if a person is moving back to the US, he can't bring a domestic employee with him. Now in your case, while your husband is not coming back permanently, his intent is to leave the US again for work, and the employee is intending to stay with you. That will not work. If she were to travel back and forth with him, that might work, but that is not the situation in this case as you describe it.

 

In other words, requesting a B1 visitor visa for a housekeeper has to be for a temporary stay in the US. By US regulations, domestic employees of US citizens who permanently reside in the US cannot obtain non-immigrant domestic employee visas.


But if the employer is moving back on a temporary basis, then the employer can petition the domestic employee to come to the US, but only for those times that the employer is present in the US temporarily. So this will not work.

Now there may be an option for the employee to get an immigrant visa as a domestic employee to live and work here permanently. But this will take years for her to be eligible for this, and the process is quite expensive and labor intensive. In fact, right now, the US government is currently reviewing immigrant visa applications for Philippines nationals in this category who had their employment based petitions filed on their behalf on or before September 22, 2006. So the wait time to be eligible to come to the US and live permanently, as a national of the Philippines in this employment category, is just under 7 years.

I'm very sorry. Believe me, I wish I had better news to share with you. But unfortunately, the law does not provide you with an option to do what it is that you want to do in this case. Please remember that often, the law does not provide a satisfactory solution for every scenario. As much as I would like to, there simply is nothing I can do about that, as is the case here. Again, I'm very sorry.

I hope I have answered your questions. Please reserve your rating for the very end of our conversation. If at that time you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. The bottom two negative ratings are reserved for pros who are rude and/or bad at their job, and I'm confident you'll find me to always be professional and truthful with you.

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If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!
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Customer reply replied 4 years ago


How temporary is "temporary?" Can she come here for 6 months and then apply for an extension like a vacation visa?

Entering on the B1 visa (which is the temporary visa) gives a visitor up to 6 months in the US, but ultimately, the officer at the border will set the limit for her entry. She can apply for an extension for only up to 6 more months, but that is not guaranteed. She cannot be in the US for more than 1 year. Remember, she can only be here when your husband is here, since he is the one who will temporarily be in the US.

She can try to apply for a B1/B2 visitor visa on her own, as a visitor and not a domestic worker; but she cannot work and cannot get paid while she is in the US. This is a violation of US immigration laws.

You really would be better off finding someone in the US who can take care of you. I realize you are trying to help her out, but if she violates immigration laws, she will face far worse harm than the good that will come out of helping her in the short term.

I hope I have answered your questions. Please reserve your rating for the very end of our conversation. If at that time you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. The bottom two negative ratings are reserved for pros who are rude and/or bad at their job, and I'm confident you'll find me to always be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!
Expert James
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