Legal Question in Immigration Law in California

E-verify

Hello,

Thank you in advance for your assistance! My husband of 1 month is from Colombia. He has been in the US for 11-12 years. 2 days ago he received an e-Verify notice from his employer notifying him that his a number is expired. He has been working for several years now with an immigration attorney to facilitate the whole permanent resident and naturalization process for him. Up until this point, he was not aware that his a number was expired, as all of his documents were sent directly to his attorney, and his attorney failed to contact him. He obtained a bachelors degree here, is a homeowner, pays his taxes and just got a great job from Bank of America. Please let me know what steps we can take to get him back on the right track to reopen/renew his employment authorization documents and obtain permanent resident status and finally US citizen. Is there ANY risk of deportation?


Asked on 10/06/08, 9:48 pm

2 Answers from Attorneys

Amy Ghosh Law Offices of Amy Ghosh

Re: E-verify

I am not sure from your description eaxactly what kind of relief he has pending. Please contact me directly. My website is www.amyghosh.com

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Answered on 10/07/08, 6:21 pm
Marc Seguinot Seguinot & Associates, P.C.

Re: E-verify

Okay, stay calm, and take a deep breath! First, what number is he talking about that expired? If he has a social security or ITIN number, those numbers do not expire. If you are talking about his work authorization, yes, that could expire. First, we must find out if has a work authorization, how he got it, and why it expired. If he has been working with an attorney for several years, as you say, it is possible that his employer obtained a labor certification for him and his attorney filed his I-140 and I-765 at the same time. Thus, your husband could have obtained his work permit. Did you husband enter the United States legally? (that is, did he enter with any kind of visa?) Or did he enter without inspection. If a petition or application was filed on his behalf prior to April 30, 2001, he may be protected under 245i and possibly able to adjust to lawful permanent residence here without returning to Columbia IF HE ENTERED WITHOUT INSPECTION. If he entered legally, and you are his wife, a U.S. citizen, then you should file a petition on his behalf and he can file an application for his green card and work authorization. I would, however, like to know more about what is going on, okay. If he has not committed any crimes, it is likely that he will be under the radar for awhile if he has no legal status. On the other hand, if he had some form of application, and the process is at a standstill, he may be picked up -- whether or not he runs the risk of deportation per se is up to the facts and a good review. Good luck!

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Answered on 10/06/08, 10:21 pm


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