Hello everyone. Yesterday, my husband had a phone interview for a job and he was asked a very innapropriate and possibly 'illegal' interview question. The woman asked if he ever planned on becomming a U. S. citizen. The fact that this was a completely innapropriate question never crossed his mind, but he answered it anyway and said, no. She then said that she didn't want to hire someone who would then turn around and go home in 6 months or a year, but he said he had no intention of moving back home. (Again, something else that she had no business saying.) I'm just wondering if anyone else has experienced anything like this where interviewers have asked questions that they aren't supposed to ask and how you've handled it. Has anyone ever bothered to do anything about it whether notifying HR of the company or legally? Just curious. Thanks.

I've never had that asked of me while I've been here. Not only is it inappropriate, I'm sure it's illegal. I would be notifying their HR department, and the State Department if I was you! Grrrrrrr reading this made me so angry!

Best of luck to your husband in finding employment!

The question could be ok in my line of work where you HAVE to be a USC. If the conversation went as stated the interviewer was looking for a quick out. He may have been a pass though so that they could have claimed to have looked at X candidates before they hired someone they already pegged for the job.

When I had a job interview with a State agency here in Mississippi, I was asked a few questions such as:

1) Are you a US Citizen? (I am not)
2) Do you have a Green Card (I didn't at the time, I had my EAD)
3) Can I see your immigration documents?

I knew it was illegal to ask these questions (what you can and cannot ask is outlined in the I-9 Handbook for Employers and that I didnt' have to answer them, however I did want the job.

I explained, as clearly that I could, that I knew it was illegal for the guy interviewing me to ask these questions, and that I was speaking up to deomonstrate that I don't stay silent when I know something is wrong, even when it's a superior breaking rules. The guy interviewing me was not in HR, and admitted that he didn't know the rules on what could and could not be asked in regards to my immigration status. I told him about the handbook, and even sent him a copy of it via email at his request.

Just to get my point across, I also sent him a copy of the State Policy Manual for my state, which specifies the rules for the hiring and employment of legal aliens, and highlighted the parts that said it was illegal for him to make a decision on hiring me based on my immigration status as long as I had an immigration document allowing me to work, regardless of its expiration date.

Eventually he got back to me and said he'd worked the problems out and wanted to give me the job, but I'd found a better job with another State agency and didn't need to accept his offer.

Interestingly, my new boss at the job I did accept had himself come into the US with his spouse from Australia, so he knew all the ins and outs of what I had been through and what paper work I had. That made it a lot easier than I was expecting.

Yes, there are jobs that require you to be a US citizen. If it wasn't stated in the job posting, a quick... "are you a US citizen" would have been more appropriate, and when the answer was no, the interviewer would then state, "I'm sorry...our jobs require US Citizenship...etc.". If it was in the job posting, I doubt her husband would have been applying.




Good for you for speaking up!

This wasn't a job that required US Citizenship at all, he wouldn't be applying for jobs that required citizenship (although an acquaintance stupidly suggested he try the CIA, because they need multi-lingual people, and insisted it would be okay, but we did the research and found you do indeed have to be a citizen for this, but that's another story.) I will check out the handbook link and pass the info on to him. We've had enough problems getting him his driver's license, getting his work permit, and now employers are asking these ridiculous questions. Another HR department from a different employer thought that he wouldn't be able to get a GC because the quota for work-based GCs has been met, they don't know anything about family based GCs and how there's no limits so he had to find the info for them.

However, I told him that if someone asks these questions again, to first say that he is legally authorized for work in the US and if they insist on his status, I told him to ask how such a question is related to the duties of the job. We are thinking about at least notifying the HR department of this company.

I used to work at an office where I had to verify people and sign my name on those I-9s! I would never have been so awful! I'm sorry that that was your experience. Not everyone does that, as I'm sure you know...

Maybe I'm a little more sensitive to this matter too though, as I only became a US citizen 20 years ago.

I had an interview not long after I got my EAD, before I knew what they should or shouldn't be asking. During the interview and this was with a local government agency they asked a number of questions about my "citizenship" my status and if I'd have trouble with immigration. At the time I didn't know they couldn't ask this and told them the truth, I had an EAD and would have a GC interview shortly and shouldn't have any problems becoming a resident... The said they hired someone before that had problems with his citizenship and he had to go home.

They didn't hire me.. maybe I didn't put up a good interview, maybe they didn't want to hire someone that might get kicked out of the country in a few months. Although I should mention this happened at the height of the demonstrations by undocumented immigrants. I don't think that did many favors for me either.

A month or so later I had my GC interview and about a week later I went for another interview with another department with the same government agency and got hired.

Geeez....it's too bad you didn't know that what they asked was out of line. I'm really wondering if people know that they are asking questions they shouldn't be asking and just don't care, or if they have no idea that they can't ask these questions. Either way, it's pretty sad. After all the stuff you have to go through just to come here and be with the person you love, you now have to deal with this sort of discrimination. I hope this post will at least make people more aware of these kinds of questions so they're better prepared, because I'm sure it's something that no one thinks about until it happens.

Yes! Those questions were totally out of line, as an HR gal, the only question we can ask perspective applicants for jobs about their immigration status is "Are you eligible to work in the United States?"

When looking at jobs especially during phone interviews, we are usually at the mercy of the interviewer. So its best to just explain the immigration situation. To point out that its illegal may make the applicants ego high but does not guarantee a job. So use the best judgement.
It also depends from job to job. I know in some position which require international travel, they like people who are willing to become USC because of the all the visa issues for people going to EU nations for third world countries.

I'm not suggesting at all that someone should point out that questions about citizenship status are illegal, because that could make you seem confrontational, but I just think everyone should be more aware of what is okay and what's not okay, in any setting. It's just as inappropriate for an employer to ask me if I'm married, or have children. Just be smart about answering these questions, for example, if you are applying for a job where you do not have to be a citizen, and they ask, just say that you are authorized for work in the US.

I have a friend in HR and unless it is a Federal or State job, yes this is considered discrimination!! Especially on the phone, they are only allowed to bring this issue up once you have filled out the employment forms and if your SSN or Work Visa does not check out (then that is grounds for firing)
Report it and her.