May an undocumented worker, serving as a custodian under his wife’s green card, continue his employment if his wife loses her immigration status?

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May an undocumented worker, serving as a custodian under his wife’s green card, continue his employment if his wife loses her immigration status?

A custodian has been working as an independent contractor under his wife’s green card (payments made to her). A death in the family led to her quick return to her nation of origin, causing her to lose her green card. How long must she wait (especially under the circumstances related to a death in the family) to be issued another green card? What is employer’s legal responsibility regarding employing the undocumented husband? Can he remain in their employ or must he be dismissed?

Asked on May 21, 2009 under Employment Labor Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not an immigration lawyer, but I very much doubt that the husband's work arrangement is legal.  And I'm not an employment lawyer, but I don't know of any exceptions to the legal requirement that an employer has to verify that anyone they hire has to be eligible to work in the U.S.

The employer's duty is something to discuss with an employment lawyer, while the green card for the wife is something an immigration attorney would be able to answer, once he or she had all the facts of the case.  You can find qualified attorneys in a number of ways, including our website, http://attorneypages.com


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