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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 102143
Experience:  Private practice in several areas, including immigration
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Home land security did an audit on our company 60 of our

Customer Question

Home land security did an audit on our company 60 of our workers are on the suspect list many of them have worked for us for over 10 years some of them 20 years. Is there anything we can do to help them and retain them as employees?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) please wait to rate until I ask you to do so. It may take a few replies for me to be able to render an complete answer. I will let you know when I do.

I am sorry to hear about this. What do you mean a "suspect" list? A suspect list for what? Being in the country unlawfully? Or, being tied to terrorist activities? Etc. I am guessing this has to do with immigration, but I want to be sure.

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
it immigration related documents cant be verified.
Expert:  Ely replied 1 year ago.

Thank you.

Because every person's status and case is different, it is impossible to provide a "blanket" answer as to "do this and everything should be okay."

Generally speaking, the employees basically fall under the following categories:

ENTERED WITHOUT INSPECTION - generally can do little for them;

ENTERED WITH VALID VISA BUT OVERSTAYED VISA - may be able to claim lawful residency status via color of law doctrine but this is very hard. See HERE. This works best if they have been paying taxes;

Aside from that, it is very hard to say which employees CAN be made "legal" for residence and which cannot since every story is different. The best the company can do is retain counsel for those in question.

Good luck.

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