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American citizen as a sponsor for overstayed immigrant?
Miami, FL
Viewed 80 times.
Posted about 1 month ago in Immigration
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American citizen as a sponsor for overstayed immigrant? You are a us citizen can you sponsor your illegal worker
Answers (3)Thuong-Tri Nguyen
This attorney is licensed in Washington.
Posted about 1 month ago.
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In general, an alien has to be in a lawful immigration status to change to another lawful immigration status. In general, an alien without legal immigration status cannot be approved for an employment-based immigration status.
The government is starting to crack down on employers who hire aliens without work authorization. You should review your specific facts with your attorney to see what options you have. You should tell your worker to review the worker's facts with the worker's attorney. Scott D. Pollock
This attorney is licensed in Illinois and 1 other state.
Posted about 1 month ago.
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As my colleague suggests, there is often not an easy path for someone who has overstayed their nonimmigrant visa. The question is whether what you propose is impossible or merely challenging. The answer will depend on the type of visa status that the employee was in previously, whether he or she had begun an immigration-related process in the past, and what "equities" the person may have in the U.S. You as an employer should heed my colleague's warnings and determine what exposure you may have to continuing the employment of someone known to you as an "illegal worker", which is a term that I do not personally favor. Both you and the employee would do well to obtain the best possible advice. There are many great immigration attorneys in Miami, but you would not go wrong to give a call to Ira Kurzban's office.
Karen-Lee Pollak
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