Immigration and Employment Question?

Question

I know Immigration is a hot topic now and my situation is probably hopeless, but I need some general answers. Here is my situation, I came to the United States around 15 yrs ago on an F-1 Student Visa and due to the great impression this country left on me, and I decided to stay. I was able to get a Drivers License and a Valid SSN. I know I should have left a long time ago, but this Country left a great impression on me and I foolishly decided to stay. I have a made a life here and have no more ties to my original country. My problem stems from the following:

First of all am I technically an Illegal Alien or Undocumented Alien
Second of all, I have a job with an Operations Company and they are working in the harbor and require me to apply for a customs identification card. I don’t want to break any more laws but will I be considered illegal resident and subject to arrest. Third of all , if I tell my employer that I have some immigration problems but that I still have valid document for employment, are they obligated to fire me and my last question is , considering the current political climate, what are the best options for regularizing my stay ?

Desperate

Answer 1

It seems that the old adage, "You reap what you sew", would apply here. The crux of your problem is your Illegal status which is not going to change until you do something about it. You chose to commit an illegal act, as well as break ties with your country of origin, and now you must face the consequences of those actions. If you apply for a customs ID, you will be discovered and, yes your employer is obligated to fire you, as no employer is allowed to employ illegal immigrants.

You might want to talk to an attorney that specializes in immigration law, but petitioning for legal status will be a long and drawn out process and, given your situation, you will most likely be found out before you attain legal status. Your best option is to go back to your country of origin and come back legally, as you should have done in the first place.

Answer 2

You ask several questions, so I'm going to answer them one at a time.

Q1. Are you illegal?
A1. Yes, with qualifications. Under the terms of the F-1 visa category, you are admitted for a period called "duration of status". That means you are legal as long as you are enrolled as a full-time student. Once you stopped attending school, you fell out of status. Also, your work authorization, if granted while you were a student, ended when you fell out of status, so you are not authorized to work in the U.S. Due to the length of time that has passed and your unauthorized employment, you are not eligible for reinstatement as a student. The good news is that you are not accruing unlawful presence unless you have been notified by the government that you must leave the country. That matters because you are barred from reentering the US for 3 years if you have 6 months of unlawful presence and for 10 years if you have 1 year of unlawful presence.

Q2. Customs ID Card
A2. I'm afraid I don't know the details of the Customs ID Card, but if asked you should not answer that you are a citizen nor that you are here legally or authorized to work. Lying is not only bad in general, it will be used against you in any future attempt at changing your immigration status. If ICE becomes aware that you are still here and out of status, you will be issued a Notice to Appear [NTA] and may be taken into custody. The NTA is a charging document - kind of like an arrest warrant - and will be presented to the court when you are brought before the Immigration Judge for removal proceedings.

Q3. Your employer
A3. Your employer has an obligation at hiring to have you complete an I-9 form showing that you are authorized to work. Your employer is not required to go back and reverify the information on that form. In addition to being required, the I-9 protects the employer from charges of knowingly hiring unauthorized workers as long as there is no information that makes the employer aware that you may not be authorized. If the employer becomes aware that you may not be authorized, the employer can face monetary or even criminal liability if it continues to employ you (this is called constructive knowledge). Often, the employer will give an employee 30-60 days to resolve any problem with the I-9, but if they think you are not authorized to work, they can and most likely will fire you. Bringing your situation to the employer's attention may result in them asking you to provide proof of work authorization.

Q4. How can you get yourself straight with the law?
A4. To apply for a green card, you will need some sponsor. That can be a family sponsor - e.g., if you are married to a US citizen - or it can be a work sponsor - e.g., if your employer wants to sponsor you. Your big problem, after finding a sponsor, is whether you can adjust your status in the US or whether you will have to leave the country first. If you are filing as the spouse of a US citizen, you should be able to adjust in the US [INA 245(a)]. Otherwise, you will probably have to leave the country first. The exception is if you entered before Dec. 20, 2000 and have been here since AND if anyone filed papers for you to get a green card (asylum, family, work, etc.) before April 30, 2001, you qualify to adjust status in the US if you pay an additional $1000 fine [INA 245(i)]. Depending on the facts of your situation, you may also be eligible for cancellation of removal if you have been here for more than 10 years, have no disqualifying criminal history, and can show an "extreme and unusual hardship" to your US citizen or permanent resident spouse, parent, or child. [INA 240A(b)]. You should speak with an immigration attorney about your specific situation to see what options you have.

Your best bet at this point, other than leaving the US, may be to hope for a change in the law. The various proposals from the Senate from last year involved a path to legalization for persons who have been in the US for more than five years, who can find a sponsor, who have paid or agree to pay their back taxes, and who have clean criminal records. If there is a change in the law, you may be eligible. In the meantime, you should gather documents from each year showing your physical presence in the US and showing you have paid taxes.

Answer 3

Well,

First of all, you should have corrected the issue long ago.
Second of all, you are seriously "endangering" the company you are currently working for by remaining there employed as an Illegal Alien. They will be fined, penalized, and their reputations will be tarnished if it is ever discovered.
Third of all, when you applied for your job, by signing the application and accepting the job, you stated that all information provided was true to the best of your knowledge. You lied on your application, which is a violation of the contract. You will be fired for that alone.

I think it is best that you attempt to correct the wrong. It is the only thing you can do to try and save face. If you don't, you will be screwed either way.

Answer 4

What a stressful situation!

Find a good immigration attorney that can assist you with the proper advice! I am a legal resident alien to the US (married to an American - I only recommend this is you really are in love with the person - :-) ) and I know how hard they can be on non-citizens, attempting to make a life here.

The American Immigration Lawyers Association is a good place to look for someone {qualified} to help: http://www.aila.org/

Good Luck!

Answer 5

You've seen how ICE is cracking down particularly on airports and base workers and ports, haven't you?

Even if you managed to get a customs identification card (and that is an 'if') you open yourself up to enforcement and criminal prosecution if you use it. I think all illegal immigrants should be subject to true enforcement. Bush doesn't seem to think so, but is totally on board in bases and airports and ports.

Your employer will be subject to his own criminal sanctions if he keeps you on when he knew you were illegally here.

Some people do apply for and get 'waivers' and regularization, however, others apply and get deported from things I have read.

Answer 6

i am sorry to tell you, but all your blathering about our country making an impression on you count for naught. if you are as noble as you profess to be, turn yourself in and go back to your own country. then, you can stand in line with the rest of the others who want in our country. besides, you are now violating homeland security by working in the harbor. go home.

Answer 7

First of all hows SS # did you steal? second of all if you love this country why havent you made yourself legal?

Answer 8

either you are legal or illegal.... your "hearts & flowers" prose means nothing.....

your employer is not obligated to fire you but rather to turn in to ICE...