By Shah Peerally
While everybody is looking at the diplomatic mess and literally feeling sorry for the “maid” or domestic worker, we wanted to analyze what are her benefits in all this situation. First, we do not condone the actions of the Deputy Consul General from India. On the other hand we wanted to analyze what are the possibilities of the domestic work maid at this point. As such this article is limited to the immigration analysis of the domestic worker at this point.
Since the domestic worker has been victim of a crime, she might be eligible for a U Visa to stay in the United States.
The United States has this special visa (the U Visa) which allows victims of certain crimes to be able to obtain a work permit and ultimately after three years a permanent residence (aka a greencard). Although at this point we do not know if the crime will qualify under a U visa, we can still consider this as an option because it seems that the ‘maid’ is cooperating with the authorities. In case the crime of Mrs. Khobragade fits a U visa crime, and the maid is helping the authorities, she will easily be eligible to file for a U visa.
She might be eligible for political Asylum
Asylum is offered to people who have a well founded fear of persecution to go back to their home country and belong to a protected class. In this case, seeing the comments of the Indian Government and many Indians, it seems that they are not only irritated with the United States but also against the maid. At this point, I think she might well have a good case for an Asylum as a protected class.
She might be eligible to file for a T visa offered to people victims of human trafficking
It does not seem that the maid was a victim of human trafficking but based on the issues presented to the District Attorney Preet Bharara, it is something that she might claim. Depending what Mrs. Khobragade will be charged of, they will decide if this visa is appropriate.
A special Executive Order granting her stay in the United States
In the light of the diplomatic issues and all the controversies revolving around this case, the government might decide under executive order to protect the maid. As such she might be eligible to obtain legal status through a direct order from the executive branch.
The above are but few options that are available to the “poor maid”. There are probably many other options that she can use. While not discounting all her difficulties, it seems that at the end of the day, it will be a ‘happy ending’ for her.
For more information about all the visas, please call us at 510 742 5887 and visit www.PeerallyLaw.com.