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Questions about Illegal Immigrant Laws

An illegal immigrant is a non-citizen who has entered the U.S. without government permission or has overstayed the duration of his/her visa. Both acts are violations and punishable under the U.S. Nationality Law. If you fall into this category or know of someone who is illegally in the country, several questions may arise on the laws governing this issue. Below are some common questions answered by Experts on illegal immigrant laws.

How do I report an illegal immigrant engaged in illegal activities?

You can report an illegal immigrant to any of the following entities if you have sufficient and reasonable evidence of their status or the illegal activity they may be engaged in.

1. Immigration and Customs Enforcement (ICE): Contact field offices and report illegal immigrants, employers hiring illegal labor, smugglers and other crimes committed by illegal aliens. Confidential reporting is permitted.

2. Department of Homeland Security (DHS): A message can be sent online on the DHS website and you can contact them if you have any information on terrorist related activity or crimes.

3. Federal Bureau of Investigation (FBI): Contact field FBI offices or leave a lead online. The FBI deals with crimes related to illegal immigration such as government, healthcare and insurance fraud; corruption; money laundering; terrorism and so on. They should also be contacted when personal safety is threatened.

4. United States Department of Justice (USDOJ): The judicial system provides refuge to trafficking victims despite illegal status. Interpreters are available to speak in different languages.

5. Social Security Administration (SSA): Can be contacted to report people selling goods or services using fraudulent SSN numbers, cards, abusing the system of Medicare and Medicaid or employees of SSA abetting fraud.

6. Internal Revenue Service (IRS): Can be contacted to report employers hiring illegal immigrants as day laborers.

7. The Better Business Bureau (BBB): The local BBB chapter can help you deal with issues related to identity theft and employment of illegal labor.

An illegal immigrant was in a de-facto relationship with a U.S. citizen and has a child with him. The relationship has broken and the father is threatening to report the mother’s illegal status to the authorities. The child is adversely affected by this. What can the mother do?

Being an illegal immigrant restricts the mother from enjoying the rights of a legal citizen. But in order to protect her child she could file for an emergency petition for temporary custody as well as a complaint for custody. Though it may seem risky to file a petition, the emergency nature of the situation will get the judge to hear the case “ex parte” or without involving the other party. The court will be more concerned with the welfare of the child, if the environment is harmful due to the extreme and unkind actions of the father. Child support can also be requested if the mother is granted sole physical custody. Failure to take any custody action could lead to the father obtaining sole custody of the child and the illegal immigrant most likely being deported once reported.

Can an illegal immigrant be self employed and thereby obtain a valid social security number in California?

If you are self employed or involved in such a business it will still be regarded as illegal as you will not be permitted to declare or file taxes in order to run the business legitimately. With respect to the social security number, only a legal resident or alien is issued a valid social security number. Therefore, unless you become a legal resident your options to be self employed and have a social security number are limited. .

Can an illegal immigrant divorce a U.S. citizen or another illegal immigrant in the U.S.? Can an illegal immigrant sue for alimony?

Immigration laws come under the purview of federal law whereas domestic issues such as marriage, divorce, child custody and support fall under the jurisdiction of the state law. Based on this, there is no requirement of citizenship in order to get a divorce in the U.S. The parties filing for divorce need not be citizens—they could be illegal immigrants either married to a U.S. citizen or married to another illegal immigrant. If the prerequisites of marriage have been met, both are legally married, have valid IDs and present in the same state, the court has the jurisdiction to hear the case and grant the divorce. If a couple were legally married the illegal immigrant does have the chance to claim alimony or spousal maintenance. Complications may arise with matters of custody. The court will then consider all aspects to decide on the issue.

Can an illegal immigrant claim damages for pain and suffering caused by a hit and run motoring accident?

The law is not open only to citizens or does not discriminate based on national status. As an illegal immigrant you are allowed to sue in court for pain and suffering. However, what you will need to prove is that you were caused substantial pain and suffering leading to tangible losses in order for the court to award your claim.

Living in a country without proper authorization is risky as the laws would not be favorable towards non-citizens. And despite abiding by the laws in other spheres of society, you could face serious repercussions by remaining an illegal immigrant. To know more about the possibilities of citizenship, legal residency or other options available to you, consulting an Expert can prove extremely useful.

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Experience:  JD, BBA Over 25 years legal and business experience.
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Recent Illegal Immigrant Questions

  • My sister and her son live in my house due to her need for

    My sister and her son live in my house due to her need for economical assistance and babysitting, she constantly physically (hitting but not leaving evidence) and verbally (screaming and insulting) abuses of my nephew for any reason at all. She is also a danger to his health in my opinion, as she feeds him happy meals on daily basis so that she won't have to cook for him, and doesn't let him sleep more than 7 hours per night because she keeps him up with her texting and talking on the phone or watching tv. He is only three years old, and has had stitches in his hand and a third degree burn due to her not watching him when she is home with him. Is it possible that I can get custody of my nephew? his father is an illegal immigrant, who also neglects him in other ways.
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    I want to adopt some of the illegal immigrant children now at the FEMA shelter in Anniston, Alabama. Where do I start? Any information you can give me would be appreciated.
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