Author: New York Immigration attorney ALENA SHAUTSOVA
What to do if employer hides your passport?
Many undocumented workers have to be very careful and live in the constant fear of being ”picked up” by the ICE. That is why they are trying to stay “under the radar,” never complain to anyone about anything, and tolerate all sorts of abuse and crimes committed against them.
Unfortunately, some “employers” who would like to control an undocumented nanny or a domestic worker, scare her with “Immigration” and sometimes even take her identification documents, like a passport, and hide it. What shall a nanny do in such a situation?
Here is my advice: report it to the police. If upon your request the employer did not return your documents back, and/or tried to extort you or scare you, report it! Taking someone personal identification from them and extorting them is a crime in the State of New York, meaning the employer will face criminal charges. Second, you can always ask your embassy to issue a new passport. Many embassies do so without any reports to the local US authorities.
What will happen after the police finds out that the undocumented worker is illegal here? If the criminal charges are brought against the employer, the person might be eligible for a U visa for victims of crimes. Also, depending on the case, there might be possibility of applying for protection under human trafficking provisions.
If you are worried about your situation please contact us directly at 917-885-2261.
Alena Shautsova is a principal at the Law Office of Alena Shautsova, a full service Immigration Law Firm in Brooklyn, New York. The author can be reached at http://www.shautsova.com and encourages her readers to contact her with questions.