NY Woman Charged for Keeping Overstaying Alien Servant

Can retaining an undocumented alien in your house make you responsible for a certain offence? A woman from upstate New York was accused of breaking or violating US immigration law when she was found keeping an illegal foreign national as a servant in her house.

Federal judge decision

Fortunately, the case was dismissed by the federal judge after the prosecutors missed the deadline for filing the case for trial.

The criminal complaint

Records in a criminal complaint filed against the woman employer show that the latter has succeeded in persuading the Indian woman, who was identified only as V.M., to overstay her visa.

According to the details of the complaint, the woman from upstate New York paid too little for the Indian servant’s services that included house cleaning and caring for the employer’s six children.

Immigration officials who have responded to a hotline complaint for forced labor, immediately removed V.M., the alien servant, from the mansion of her employer in 2011.

New Indictment

Although the first complaint was dismissed, United States District Judge Gary Sharpe stated that prosecutors may still file a new indictment.

Defense lawyer’s hope

Defense attorney to the accused, Mark Sacco, who was happy with the dismissal, was hoping that prosecutors would pay attention to other things and the issues be resolved in a civil court. On behalf of the client, attorney Sacco was the one who requested for the dismissal of the initial complaint.

Overstaying visas

The United States is becoming stricter than ever in tracking down illegal aliens or undocumented foreign nationals in the country. Last year, the 9/11 commission made a lengthy proposal on how to trace and efficiently hunt down overstaying aliens in the country.

If found and removed from the United States, these overstaying individuals may be denied entry to the United States during their next visit, or their visa application may be disapproved as a consequence for breaking the immigration law.

Risk of being denied entry?

There are times when foreign nationals, who have records of overstaying or criminal records, can still enter the United States. Although the chances are very slim, however a competent immigration attorney may be able to establish and demonstrate the genuine purpose and intent of a visa applicant with critical records.

In every rule there is often an exemption. This is also true in immigration cases. An alien who overstayed or who has committed a felony may be permitted to travel to the US if his immigration attorney will be able to establish the necessity of the travel based on humanitarian grounds.

Who can help?

Niren and Associates, a firm with offices in New York and other parts of the United States, can help people with critical records to apply for a waiver of inadmissibility or get admission to the City that never sleeps or any part of America.

These types of applications are far from easy. Applicants will really need to retain an efficient immigration attorney who can get them to their destination in the US safely.

Niren and Associates can be reached at  (212) 810-2976 or at [email protected].

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.