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Visa Overstay: Woman seeks to work legally, living w/ family earning $ as caretaker (FL)

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  • Visa Overstay: Woman seeks to work legally, living w/ family earning $ as caretaker (FL)

    What type of proceeding would be effective to obtain status/prevent
    adverse action taken against a 65+ Peruvian woman who initially came
    to the U.S. via a tourist visa, but overstayed for the last 13+ years.

    Her sister was (and still is) a permanent resident in CT, so she flew
    there via a tourist visa 13 yrs ago, and never left. She left behind
    her husband and daughter, who are still in Peru.

    After a few odd jobs, she found a job with a woman in MD who needed a
    caretaker for her sick husband, as well as someone to help with general
    household duties. Later, she accompanied the woman & her husband to
    FL, where they moved to retire. She has been with the couple for the last
    12 yrs, providing 24/7 care
    to the husband (incapacitated) as a live-in
    caretaker/maid and remains employed there. She brought her son to visit
    several times (a 35 y/o male with Downs Syndrome) via a visa, but after the last
    visit approx 7 years ago, he never left, meaning he is also a visa overstay.

    She seeks to earn wages legally and avoid any adverse action taken against
    her & her son, though it appears she is not on the government's radar yet.
    Her employer pays her via an ITIN.

    She has a valid Peruvian passport (renewed in MD) and a valid MD drivers license
    (obtained before MD required proof of SS card).

    Her employer is very adament that she is absolutely essential
    to their household. As her husband is completely incapacitated, and both are in their late 80s,
    she provides critical care to both, especially the husband. She has a close relationship with the
    entire family, most notably with her employer's grandson, who calls her "mother", as he is estranged
    from his biological mother. As she is an integral part of the family, her employer would like to
    continue to employ her, but seeks to do so in a legal way.

    What are her

    Thank you in advance for any advice.

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