Can I Sponsor My Caregiver for Citizenship?

Introduction

We understand that finding a reliable caregiver for your child is one of the most stressful – and important – parts of being a parent.  Once you find your trusted caregiver, the thought of losing that person because she or he does not have legal status in the United States can be terrifying. As immigration attorneys and working mothers, we are often asked, “How can I sponsor my caregiver for a green card?”

Can I sponsor my caregiver for citizenship?

This question breaks our hearts, not only as attorneys but also as mothers. We know that many families would do anything, and pay any amount, to sponsor their caregiver for a green card.  But the reality is that in most situations, you cannot sponsor your caregiver for U.S. citizenship. If she or he is here illegally (e.g., by overstaying her or his tourist status or entering the U.S. without inspection), the law essentially says that there is no way for that person to become legal.  As immigration attorneys, however, our job is to come up with solutions to help you – and your caregiver.   [Read more…]

Congressional budget analysts said that legislation to overhaul the nation’s immigration laws would cut hundreds of billions from the federal deficit over the next two decades Congressional Budget Office found that the benefits of an increase in legal [Read more…]

On Wednesday House Republicans signaled some willingness to compromise with Democrats but rejected a Senate-passed bill and insisted they would take their time drafting their own version.

GOP legislators said the biggest question was whether to give the 11 million immigrants living illegally in the United States a path to eventual citizenship, as provided by the Senate measure. Participants in the Republican caucus meeting described a 50-50 split over the undocumented immigrant issue, with more consensus on the need to produce some kind of legislation to show the party’s commitment to fixing a broken system and addressing concerns of Hispanic Americans — the nation’s largest minority demographic. [Read more…]

House Republicans are set for a crucial conference-wide meeting on immigration Wednesday, with advocates from across the political spectrum trying to persuade the GOP party on how to handle President Obama’s top domestic priority.  Party leaders scheduled the private session to determine a way forward on an issue that has divided the GOP.   The meeting comes as lines are hardening on the issue following the passage of bipartisan Senate legislation, dimming the prospects for a final bill by the end of the year.

While congressional Democrats emerged from their own meeting Tuesday insistent that a path to citizenship for an estimated 11 million illegal immigrants be part of any House proposal, Republican leaders have also laid down more conditions in recent weeks. [Read more…]

On June 26, 2013 the United States Supreme Court in a 5-4 ruling, released its decision in the case of United States v. Windsor, holding that the Defense of Marriage Act is unconstitutional.  Writing for the majority, Justice Anthony Kennedy stated that DOMA is unconstitutional because it sets same-sex couples apart in a way that violates the due process and equal protection principles guaranteed under the Constitution.

DOMA, which defined marriage as a union between a man and a woman, had prohibited the federal government from recognizing same-sex marriages for the purposes of any visa. Because of DOMA, tens of thousands of citizens in same-sex marriages had not been able to apply for green cards for their partners. [Read more…]