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I have an employee with a social security number and drivers license, but no green card. Is she legal to work in the US?

Corona, CA |

She entered US with Mexican Passport and was given a social security card based on her passport, but no green card.

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Attorney answers 4

Posted

No on these facts

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Posted

She could be eligible for work without having a green card. Consult the guidelines in form I-9 (Employment Verification Eligibility). You can find it on www.uscis.gov, under Forms tab. There are a host of documents that could make a person eligible to work and they are listed in I-9 form.

Posted

What did she check on Section One of the I-9 form?

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Posted

I agree with my colleagues. Read the I-9 instructions closely and, if still in doubt, meet with an attorney.

Be careful about the anti-discrimination law that may 'kick in' if you ask for more documents.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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