When does my presence in the United States starts to count as unlawful presence once the judge grants voluntary departure?
Posted by Harsharn Makkar
Once the judge issues the voluntary departure order, you have 90 days from the date of the order to depart the United States. The time incurred between the voluntary departure date and the date you choose to depart does not count towards your unlawful presence. It is advisable though to depart before that period runs out because if you do not leave within 90 days, you will accrue unlawful presence and that unlawful presence will bar you from returning to the United States in the future.
Please note if you want to remain in the United States because you are seeking review from the BIA of the removal order, voluntary departure period will not run while the BIA appeal is pending. However, that is not the case if you appeal to the court of appeals. As you know with anything else, these rules may change. Thus, it is imperative to consult an immigration attorney before forming a decision.
What is E-Verify?
Posted by Harsharn Makkar
E-Verify (Employment Eligibility Verification Program) is an Internet-based system that allows participating employers to electronically verify the employment eligibility of their newly hired employees. The system is designed to confirm employment eligibility with Social Security Administration and check for work visas with Department of Homeland Security. The participation in this program is voluntary and it is free. However, a number of states do require certain employers such as federal contractors to participate and comply with federal work authorization verification program. The program also allows employers to compare photos of new hire’s employment authorization documents (EAD) or permanent resident (Greed Card) against nearly 15 million images stored in the Department of Homeland Security (DHS) databases. In addition, USCIS has improved contact services to obtain program information and assistance. To learn more about the program visit: www.dhs.gov/E-Verify. Finally, employers can learn about the program and training in Atlanta, visit http://www.dhs.gov/xabout/gc_1177436339963.shtm
House Bill 978 may impact your business assets/vehicles
Posted by Harsharn Makkar
The State of House of Representatives recently passed House Bill 978, which allows state authorities to seize any vehicle involved in a traffic violation or accident if it’s driven by an illegal immigrant, which includes rented and leased vehicles if the owner knew, or should have known that the driver is an illegal immigrant. If this bill becomes effective, anyone involved in an accident or even minor traffic infraction would be required to prove that the person is a United States citizen or risk loosing his/her vehicle. On the surface, this law appears to be fair since this would mean that those who break the law would be forced to reimburse the system at least in a small way. The end result, however, would require the state police to become proficient in immigration law since they would be required to seize vehicles based on immigration status. Otherwise, how would they determine if a person with expired greed card or adjustment of status does not mean that the person is here illegally? How would the police be able to determine a driver was illegal immigrant during a traffic stop? Would the inquiry be based on color or accent of the driver? Would the owner of the vehicle be required to prove that they did not know the immigration status of the driver? Would this bill work like the property seizure laws in drug offense cases? If this HB 978 becomes effective, business owners might be required to provide sworn affidavits to prove that they did not know the immigration status of the driver. They may even be required to testify in a hearing or risk loosing their vehicle.
