My_question_is: US-specific
Subject: Residing in the US over six months
Expert: taxman at centa.com
Date: Thursday January 18, 2007
Time: 11:31 PM -0500
QUESTION:
My mom and sister have been in the US for over six months. My sister is in
the entertainment industry as singer / actor and has not worked up until
this point.
My concern is that when they come home to visit and try to re enter the US
they might run into some difficulties. Can you suggest a legal way for them
to apply for a green card or some sort of visa that would allow them to be
down there for an unspecified amount of time to enable my sister to work
legally in the entertainment field. Also, they do not have any family or an
employer that would be able to sponsor them in the traditional sense. Any
suggestions would be very much appreciated.
-------------------------
david ingram replies:
They are in the US illegally if they do not have a specific visa allowing
them to be there that long. They are therefore subject to arrest and a
$5,000 bail amount and will likely be banned for 5 or 10 years when caught.
They should leave immediately if they do not want to be treated the same as
any other person found in the US without a valid visa.
If they came home for a while, they could likely go back as visitors but if
they are found to have overstayed sometime in the future, they can be
punished retroactively, just as if they had robbed a bank.
The easiest way for either of them to get a green card would be to marry an
American.
Otherwise a B1 status allows them to go to apply for a job, etc. However,
they can not stay longer than the time allowed when they crossed the border
and that is never for more than six months without a paper visa.
If they are offered jobs, it is up to the employer to get the visa for them.
While your sister may be able to get a job as an actor or singer, neither
she nor your mother can work as a server, clerk, salesperson, mechanic,
truck driver or any other non-professional or non specialized knowledge
occupation although electricians, bricklayers, carpenters, boilermakers and
seasonal agricultural workers can get temporary work visas.
Goto www.centa.com and read the "entering the US" section in the second box
down on the right hand side for an idea of what visas do exist.
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