NEED HELP ASAP//

[mtracksport 0]

A employee of mine called this morning and has a problem/ he left and went to see his fater in mexico and on the return trip he was stopped in portland oregon by immigration, b1/b2 visa taken, and sent back to mexico. was told they had info that he was living and working in the U.S. they said they had info his wife was working, what company,and that she just had a baby, also had their address. they have 5 children,all citizens only 1 over 21. what will the overstays do to the oldest childs filing of the i-130 and would they be eligible for a waiver if needed for the illegal time?? thanks AL

[SusieK 3]

A employee of mine called this morning and has a problem/ he left and went to see his fater in mexico and on the return trip he was stopped in portland oregon by immigration, b1/b2 visa taken, and sent back to mexico. was told they had info that he was living and working in the U.S. they said they had info his wife was working, what company,and that she just had a baby, also had their address. they have 5 children,all citizens only 1 over 21. what will the overstays do to the oldest childs filing of the i-130 and would they be eligible for a waiver if needed for the illegal time?? thanks AL

An employee of yours???

Edited February 13, 2008 by SusieK

[mtracksport 0]

yes an employee of mine. he ahs worked for me for 4 yrs

[SusieK 3]

A employee of mine called this morning and has a problem/ he left and went to see his fater in mexico and on the return trip he was stopped in portland oregon by immigration, b1/b2 visa taken, and sent back to mexico. was told they had info that he was living and working in the U.S. they said they had info his wife was working, what company,and that she just had a baby, also had their address. they have 5 children,all citizens only 1 over 21. what will the overstays do to the oldest childs filing of the i-130 and would they be eligible for a waiver if needed for the illegal time?? thanks AL

An employee of yours???

Sorry he was here on a visitors visa and he was an employee of yours and you yourself are going thru the process of LEGAL IMMIGRATION? Just want to be sure Im reading this correctly.....

[mtracksport 0]

yes you are correct . i do not pry into the status of my employees and was surprised to see he was on a b1/b2. he has a valid ss# (for work only) and it has been verified with SS every year. i have 650 employees to deal with and have a verification code with the ss administration to verify the ss# before they are employed. i do not understand the b1/b2/ but he has had the SS card for 22yrs

[Minya's wife 25]

Are you serious? You're illegally employing someone on a tourist visa (have done so for 4 years) and you want legal immigration advice? How the heck did this person still have a valid B1/B2 visa(to think he could re-enter) if his oldest child is a 21 year old USC (by virtue of birth in US I suppose)? I thought tourist visas were valid for 10 years....and you must not overstay your I-94....which if he's worked for you for 4 years, I'm assuming he's overstayed it by a little, don't you think?

-P

[mtracksport 0]

what does his situation have to do with mine anyway ? i thought this forum was hear for help and not to judge. thanks AL

[Minya's wife 25]

yes you are correct . i do not pry into the status of my employees and was surprised to see he was on a b1/b2. he has a valid ss# (for work only) and it has been verified with SS every year. i have 650 employees to deal with and have a verification code with the ss administration to verify the ss# before they are employed. i do not understand the b1/b2/ but he has had the SS card for 22yrs

Yes...he can have a SS# and card w/ the name Jose Lopez, when his real name is Jorge Lopez!

Its my understanding that an employer must verify more than just SS#'s before hiring an immigrant, no?

-P

[bakofoil 27]

For waiver info you might want to seek out kitkat1 at ***removed***.com.

That would be family based immigration dot com

Edited February 13, 2008 by babblesgirl

[rebeccajo 14]

The SS number could have been granted from another entry.

[LaL 418]

Hey guys - let's keep respectful here and on the topic of the immigration questions asked.

[Kris and Susiek 0]

what does his situation have to do with mine anyway ? i thought this forum was hear for help and not to judge. thanks AL

Yes its here to help the legal ones OHHHH PLEASE

[Minya's wife 25]

what does his situation have to do with mine anyway ? i thought this forum was hear for help and not to judge. thanks AL

You're right, but its somewhere in the Terms of Service, I think that we can't give advice to someone on how to break the law...which for me personally means not condoning a "blatantly" illegal action. But that's just MO

But to answser your initial question. If your employee has been turned away at POE, it depends on what classification is stamped in his passport. He may very well not be eligible for a waiver on overstay, given that he was told they have information of his illegal employement. Where does the I-130 filed by the oldest child stand? (Has it been approved, still waiting, what?)

[mtracksport 0]

you really need to get your facts straight before making a un verified comment . all that is required is the i-9. because of the size of my company we have to call SS to verify the name, date of birth, and the ss number. that is all// companies under 100 employees do not have any other option than to take the information provided on the I-9 and examine the documents given. if they appear to be genuine then they can hire. it is against federal law to make copies of their i.d. and keep it in the file. we used to do this and it cost me $50,000 to find out it was illegal

[rebeccajo 14]

mtrack -

It's honorable of you to be concerned about your employee.

However, I also believe at this point that you should be concerned about your own hide.

It is your responsibility as the employer (through following the instructions on Form I9) to make certain that your employee is legally work authorized. A SS card with the words "Valid for Employment with USCIS Authorization Only" is only one of the documents needed.

The onus is on YOU as the employer to ask for all documents necessary. If ICE has your employee, they are likely to have you next. You are subject to fines at the least.

The portion of your post about an I130 is unclear. As for the children, if they were born in the US, they will not be deported. The length of time your employee will be barred from the US depends on how long he has overstayed his last I94.