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  • Need some help

    My boss wants to sponsor one of our guys who is came here illegally. What forms do I fill out first?

  • #2
    My boss wants to sponsor one of our guys who is came here illegally. What forms do I fill out first?

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    • #3
      Why are you filling out the forms? Your boss needs to consult an immigration lawyer.

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      • #4
        there is no law that says i can't fill them out

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        • #5
          No - but I suspect a consultation with an immigration lawyer would help. Employment applications can be complicated. Usually, businesses get lawyers (or have them on staff) to deal with employment and immigration.

          If you don't know where to start, got to the USCIS and Dept. of State website and do some research. It would be best to get a lawyer. It could be a tax deductible expense -

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          • #6
            Neeake: If this guy is in America illegally, why is your boss employing him? Doesn't he realize that it is illegal to employ an illegal alien...or doesn't he care? I guess that he doesn't care. The American people care, however, and are fed up subsidizing your company's "cheap" labor.

            I'm amazed by your arrogance regarding the filling out of the forms. When asking for advice, it's polite to answer the questions as asked...especially as you don't appear to have a clue about immigration.

            It is my opinion that you will be wasting your money to consult with a lawyer...and you will be wasting your money to file immigration paperwork for your illegal worker. Only those who have legal status in America, unless they're grandfathered under 245i, can change their status (obtain immigration benefits) through employment.

            It's better to save your money to help pay the fines for knowingly employing illegal workers.

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            • #7
              And believe me - it is tough enough trying to shuffle through the paperwork legally!!!

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              • #8
                Chances are it'll come down to the actual amount of time this person has been here "illegally". There's very few exceptions to this rule but the general idea is that employment-based AOS requires the alien to hold legal status at the moment of the application. Immigration law is way too complicated and even some corporate attorneys do not understand it; there's plenty of myths and misunderstandings surrounding INA; some come out of confusion, some out of ignorance like the idea that a port inspector can approve a waiver when in reality if the person is inadmissible the inspector at the port will simply remove the alien. Port inspectors do not care nor they have authority to approve a waiver, they will remove ALL inadmissible applicants and instruct them on the proper steps to overcome the inadmissibility (if any). This simple myth has caused many aliens who are inadmissible to show up at the POE hoping the can get some waiver approved "right there" only to get quickly removed. Waivers should be filed "IN ADVANCE PRIOR TO THE APPLICATION FOR ENTRY" and even non-immigrant waivers can take several months for processing.
                The myth that a job can earn an illegal alien a green card is a long standing one, but it's no longer valid. Overstays and EWI's are NOT eligible for employment-based AOS, with very few and limited exceptions. This is NOT legal advice.

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                • #9
                  Neeake, if you feel you can do the filing yourself then go ahead and do it...make sure you do some reseach, and gather as much info has possible.

                  Good luck with everything,and remember the simple rule. DO unto other, so it will be done unto you

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