Immigration Law

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A family friend that I know since 2013 recently began

Customer Question
working with me. He is...
A family friend that I know since 2013 recently began working with me. He is a very responsible law abiding individual with plenty of potential. He is has a DL and has filed taxes (ITIN) since entering. It wasn't until recently that I found out that is all and only documentation he currently has.
Is there any possibility that I can help/sponsor/petition him to continue working/ stay here?
Are there any special forms # to fill?
Would doing this impact me negatively?
If at all possible, I plan on doing this on my own. Unless advised otherwise.Thank you
Submitted: 11 months ago.Category: Immigration Law
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9/8/2017
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 11 months ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 30,042
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

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Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 11 months ago

Welcome to JustAnswer! I have 34 years experience as an immigration attorney and I am here to help resolve your immigration issue. Tackling these issues can sometimes get confusing. Should you need to chat on the phone or document review, I am able to do that for an additional cost. Let me know at any time during our question and answer session if you are interested.

You are not allowed to sponsor someone who has been in the US illegally for more than one year because they have to return to their home country for visa processing.

Their departure would trigger a 10 year bar to them returning.

A DL and an ITIN is not legal evidence of the right to work. They have to have a DL and a social security card for you to hire them legally.

You can face fines of up to $2500 for hiring someone without a work permit.

Well, if you are considered their employer because you are paying them, you could be fined for employing illegals. There can also be tax consequences to you because you are getting an income from those payments made to you.

Here is a link to the I-9 so you can see what is needed to be able to work in the U.S.:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

There are civil and criminal penalties for hiring illegal aliens. Sec. 274A of the Immigration and Nationality Act (INA) and 8 U.S.C. 1324a, makes it unlawful for any person knowingly to hire, recruit or refer for a fee any alien not authorized to work. An employer that violates these laws can face penalties of:

  • $2000 to $5,000 fine for each unauthorized individual;
  • $2,000 to $5,000 for each employee if the employer has previously been in violation; or
  • Two (2) strikes and the employer is out

The employer could also be fined $1000 to $25,000 for each individual "paperwork" violation.

The criminal penalties for a pattern and practice violation is $15,000 for each unauthorized alien, imprisonment of not less than one year, or both.

ICE Fines Company $1 Million for Knowingly Employing Undocumented Workers

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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