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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 29822
Experience:  Lawyer
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I have received a Card in March of 2015. I have now resigned

Customer Question

Hi,
I have received a Green Card in March of 2015. I have now resigned from this position.
My company made me sign a document that I would have to pay back the cost of the Green Card process (14,700$ for me, wife and 2 kids) if I leave within 3 years.
As we are within 3 years the company requested the money back. I have read that they can't ask me to pay the money back and I'm also aware that other colleagues didn't have to sign such a document.
My 2 questions are:
If this goes to court and I have to pay the GC cost then is there a worse case scenario where I could lose the Green Card altogether?
Do you think my former employer can request the cost of the Green Card back?
Regards
Marcus Hermann
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.

Hi Marcus,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Your employer cannot require you to reimburse the costs of YOUR green card or the costs of obtaining it, because that is seen as a business expenses. 20 C.F.R. 655.731(c)(9). They are entitled to reimbursement for any costs associated with obtaining a green card for your wife and children. The monies spent to bring your children over are not considered a business expense for your employer if they do not also work for the company.

Your employer has no ability to take your green card away because you left employment or refused to repay them, but they could get a judgment against you if you do not reimburse them. You're allowed to ask for a breakdown of the amounts spent to see which amounts were for you versus your family members.

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