Legal Question in Immigration Law in Iowa

Immigration Problem

Situation -An employer agrees to sponsor the immigration process of an employee including and up to a green card. The employer hires a lawyer to handle the process. The lawyer does not file the appropriate paper work to renew a work permit which expires. Prior to the work permit expiring the employee notified in writing the attorney it was about to expire. In the meantime the employee has been advised by the attorney to basically just wait for approval of H-140 application which has been with the INS since last fall, but not say anythign to the employer. So the employee follows the advice of the attorney, but is very afraid of working illegally, but is afraid to say anythign for fear of being deported and denied re-entry (The employee has been working and following the appropriate steps for almost 10 years (including schooling) toward becoming a citizen of the U.S.).

Questions:

1. Does the employee (an immigrant) have any rights under the law.

2. Does the employer have responsibilities in this?

3. Is there any legal advice would you give to the employer and employee seeking immigration in this situation.

4. Any other legal advice?


Asked on 4/28/03, 4:25 pm

1 Answer from Attorneys
Myron Morales Lee Lane Smith LLP

Re: Immigration Problem

If this has been going on for ten years, then you may want to consider seeking advice on malpractice. The I-140 does not afford any immigration status, as the alien must maintain an underlying nonimmigrant status until the Permanent Residency is approved. You need to obtain an immigration status as soon as possible, if still possible.

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Answered on 4/28/03, 7:33 pm


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