Legal Question in Immigration Law in West Virginia
Illegal aliens working???
What steps do you need to take to: get illegal aliens currently working in the united states (kitchen work) legal????
3 Answers from Attorneys
Re: Illegal aliens working???
Unfortunately you need to wait for immigration reform unless the alien is under 245 (i) from a prior petition filed before April 30, 2001. Then you can sponsor the alien.
Re: Illegal aliens working???
An employer can file with the Department of Labor a Labor Certification (PERM program)for the employee and, if approved, the potential employee may be able to apply for a green card. However, whether the potential employee can apply in the United States or outside of this country would depend on how the person entered the U.S., or if the person left the country after a year and then reentered illegally, or if the person entered the U.S. with a visa and then overstayed. check with http://immigrationflowchart.com (a free service) and search for 245(i) or 245i and adjustment of status. The best thing to do is for the employer and the potential employee to have an interview with an immigration attorney to figure out the best strategy. Glen
Re: Illegal aliens working???
Before anything else, thanks for writing me at LawGuru.com
Is necessary get a job's permission. You can get it if Labour Department gives you the permission, previous explanation of case and no criminal records of workers. Later, you can contact to USCIS for get a 'pardon'. USCIS may gives pardon and a green card or request to workers for leave US and await for an answer from their country.
Sometimes is possible get a worker's visa and may be a better option. Depends of specific case.
You may visit www.uscis.gov
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