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If a persons permanent residency card expired months back, without his/her knowledge and he or she is still employed at their

White Plains, NY |
Filed under: Immigration Green cards

Respective job in which they were hired before the expiration of the residency card..Can the person still be working and employed there? In other words, because the legal status is the same (only the card expired) . What issue would there be? Since the employee would not want to lose his/her job? And how would the employer come to know this..? And if the employer does find out.. Does this give them reason to terminate the employee? Even if the employee did not know of the expired permanent residency card? And if the employee files or plans on filing to renew their residency card will it be suffice to keep them currently employed? Also, consider the fact that there is a valid s.s. # Thanks

Attorney Answers 2

Posted

An expired green card is not a legal basis to terminate an employee. In fact, this may be considered a violation of the law so-called citizenship discrimination.

Mr. Asatrian's practice is dedicated to the area of immigration and nationality law. Please note the information provided herein does not constitute legal advice and should not be construed as such by anyone. It should not be relied upon as legal advice as more specific facts, research and analysis may be required to formulate a proper strategy and action in your matter. Please note this does not create an attorney-client relationship whatsoever. You should seek the assistance of an experienced immigration attorney to review your matter thoroughly and gather all of the necessary information and documentation to provide you with the best possible legal solution.

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Posted

One's LPR status does not end with the expiration of the card. As a result, the work authorization is still valid, and there is no basis to terminate an employee ONLY for that reason. You ask how the employer would know about the expiration of the card. The I-9 the employee filled out upon hiring would have the expiration date of the card, and the employer would ask for the updated card.

This advice was intended to be general in nature and not to be taken as a legal opinion or legal advice and was not deemed to create an attorney-client relationship

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