Legal Question in Immigration Law in Arizona

Character letter.

The husband of one of my employees was recently deported to Mexico because he was here illegally and got into some sort of problem with the law...drinking was involved...I do not know the whole story. My employee want me to write a letter as a character reference. I know him and I think he is good man and a good father. I did not know he was here illegally, my employee is not. They have three daughters....all very nice girls, one who also works for me. I would be willing to give him a job and would like to know if that is something I should put in the letter. I am not familiar with the legal process for getting a work permit or whether or not this letter would be futile, given the fact that he was arrested (or at least was in jail and then deported). Is there even any chance that he would be allowed to return to the U.S.?Apparently he was here illegally for at least 10 years. I have known him and his family for 3 1/2. I own a restaurant and would be happy to give him a job. I know he has helped his wife, who has cleaned my restaurant and been a dishwasher for me for that long. Is there something else I could put into the letter that might help?


Asked on 6/21/09, 2:01 am

1 Answer from Attorneys
John Messing Messing Law Offices, PLC

Re: Character letter.

As a general rule, deportation poses a bar to re-entry and obtaining a work permit for a period of years. Overstay alone of one year can make the person inadmissible (unable to enter legally) as a general rule for ten years. There is a possibility to obtain a waiver (a type of pardon) for someone who has a US citizen or permanent spouse and/or certain family members in the same category who will suffer substantial hardship because of the family division and separation, but such matters require a detailed analysis of the facts and skilled legal advice from a qualified immigration lawyer with deportation experience. There are many variables, including the nature of the offense that led to deportation, the history of the prior entries into the US, and the legal status of the relatives remaining here: if they are permanent residents and not citizens, it may be a long time in any event before a visa becomes available to the husband/father, during which time he may be required to wait outside the US in any event, even if he is able to overcome the inadmissibility bar.

Writing a character reference letter stating that you are willing to offer employment if the husband were allowed to return legally and was eligible for work authorization is appropriate and probably will earn the gratitude of the family; but alone it probably will not affect the outcome of the situation significantly. Probably a more effective way of helping in the short run is to encourage the family to seek the help of a qualified lawyer on the possibility of obtaining a waiver and legal re-entry.

No attorney-client relationship is created by this exchange of postings and this is not legal advice. Best of luck to your employee and her family.

Messing Law Offices website: http://www.messinglawoffices.com

Read more
Answered on 6/21/09, 10:24 am


Related Questions & Answers

More Immigration Law questions and answers in Arizona