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Visa Advice- Want DH's Niece to Nanny and Learn English

post #1 of 11
Thread Starter 
I don't know where else to ask this, so here goes.

Basically, we want to bring over one of DH's nieces to the U.S. like an au pair. We would enroll her in ESL classes at a local high school and she'd take care of my daughter and perhaps a newer baby (if all goes well) for four hours per day, naturally with days off etc. These young ladies have extensive child care experience but nothing formal or paid, since that is not the norm in DH's home country. Our motivations are that we do not want a non-family member caring for the children, and it would also be cheaper for us, and we would like to help out his family members, who would not otherwise have the chance to learn English and see part of the United States.

B-1 looks like it's not available to us, since I'm staying here and do not have specific plans to leave the country and moreover this young woman (actually there are a couple we have in mind, we have to decide) was not working for me before. One young woman was working for us, but not for pay, just in exchange for English lessons. But she is the youngest. Is there a floor for the age of the student or babysitter, beyond of course the limit for working age?

J-1 looks like you have to go through an established agency.

A student visa for a high-schooler seems impossible as DH and I know many people who applied for that in his home country and they were all denied. The only people we know who did get visas all lied like the devil on all the forms and during the interviews and we just know that these young ladies couldn't do that (not that we'd want them to).

A green card seems unlikely since the young lady would be DH's niece, or our neighbour, not an immediate relative.

Any advice? Anyone else sponsor someone with a visa? I hate immigration!
post #2 of 11
I'd consult with a good immigration attorney. Sorry I can't be of cheaper help.
post #3 of 11
Thread Starter 
Well, yeah, that's an option, but uh... It's going to cost us a little more than we want at this stage. It might be unavoidable, though. Thanks anyway.
post #4 of 11
If you enroll her in an ESL program prior to her coming to the US theyll give you al the papers for her to get a student visa. Call some ESL schools and ask around.
post #5 of 11
Right, but her niece's country has a high denial rate for student visas for whatever reason. An ESL program would be little different. She would also have to prove ties to her own country and that she generally has no immigrant intent (a bit tricky in this case when the uncle is offering the job and a place to stay) and probably would not be allowed to work outside of the school environment. It is why it is best to consult a lawyer on this one.
post #6 of 11
Thread Starter 
Yeah, we know of several ESL schools and colleges, and people were denied, denied, denied. I think because the outlandish lies people invent are so much more convincing than, "I just think a year abroad would really enrich my life and English is such an important skill!" DH's brother tried himself. He has FOUR KIDS and a JOB WAITING in the home country, and they still refused. But, they accepted an entire fake special olympics team. (I'm not making that up- they gave the visas to people from a country that sent no actual athletes- all the documents were fake.)

She doesn't have immigrant intent, but yes, this is impossible to prove.

I'm on some immigration boards to see if anyone else has had success, but we will have to contact a lawyer otherwise. You'd think that hiring a relative for childcare would be a valid reason- that is a special qualification- but somehow, knowing our system, it probably doesn't count.

Thanks again.
post #7 of 11
Unfortunately it probably won't be possible. We've tried several times to get DH's nephew over using various schemes, but being from a country with a high denial rate (Iran) it's just impossible. I don't know what more to say.
post #8 of 11
Try http://immigrate2us.net

There are volunteer lawyers on this website that will answer your questions and lots of informative people going through the same process.

It was a 2 1/2 year immigration nightmare for us when we were getting DH's green card. I did all the paper work myself after we fired the lawyer (he even went to jail and can no longer practice)
I know that DH can sponsor anyone in his family to come here, aunt, uncle, grandma, niece whoever as long as they are family. Our friend sponsoring his uncle.
post #9 of 11
Thread Starter 
We didn't have any issues with getting DH in, but that was a green card and it was a spouse visa. He can not invite anyone besides parents and children until he becomes a citizen himself, though.

And DH's country should have a high acceptance rate- seems they just take the jerks. I will try the website you recommended, and be sure to get recommendations in advance for the lawyer.
post #10 of 11
It was expensive to get Dh's green card, we had a lawyer do it for us. BUT we looked through the paper work and knew we didnt want to deal with getting documents returned, or notices for this or that need by this or that dead line and have us figure it all out ourselves. Everything happened smoothly, fairly hassel free but DH is from taiwan. Dont know if they have high or low denial rate.
Basically, I would advice the lawyer. SORRY! I would never do it any other way. the headache isnt worth it.
post #11 of 11
Your best bet is through a student visa for ESL or through a plain-old tourist visa for a shorter stay. However, if she comes from a country with a high denial rate and if she doesn't have strong ties to her home country (aka she owns a house and has a job and other investments) or SUPER rich parents, I would say don't waste your time/money because it is extremely unlikely to happen. I wouldn't even pay to go see an immigration lawyer. We researched the options for getting my boyfriend to come from Peru and found that as a young person with few ties to his home country (even though he has a daughter there and all of his family lives there) and without being in the extreme elite upperclass, he had virtually no chance of coming here temporarily.
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