Issue around having filled out an I9 form for employment?

[Abbie.S 1]

I'm a little surprised our attorney is unsure about this, but we live in Vermont and 601A waivers aren't commonly done up here.

 

My husband has been with the same employer for the last 15 years. He was 15yo when he came, spoke no English and so he of course has no idea what paperwork they had him fill out when he started working. It wouldn't surprise me if he didn't fill out an I9, but we don't know and he was hired through a 3rd party that did all his paperwork. His employer has never had him re-fill out an I9 at any point in the last 15 years.

 

He is looking to leave this job. I asked our attorney if him filling out an I9 at this time for a new employer, knowing that he would be forced to fill it out with false information, would potentially jeopardize his case once it reaches consular interview stage (we're well into the I-601A, receipt date was 2/10/20). I can't imagine it's an uncommon thing for most undocumented immigrants and therefore wouldn't be grounds for denial of a visa in and of itself, but I don't know. She is also unsure.

 

Anyone run into this in the interview stage (or anywhere else?) We have an otherwise flawless case, but my husband is hesitant to leave his current job because of this. 

Edited May 6, 2021 by Abbie.S

[canadian_wife 1,823]

5 minutes ago, Abbie.S said:

.

 

He is looking to leave this job. I asked our attorney if him filling out an I9 at this time for a new employer, knowing that he would be forced to fill it out with false information, would potentially jeopardize his case once it reaches consular interview stage (we're well into the I-601A, receipt date was 2/10/20). I can't imagine it's an uncommon thing for most undocumented immigrants and therefore wouldn't be grounds for denial of a visa in and of itself, but I don't know. She is also unsure.

 

 

I am sorry for my confusion, but why would he be forced to fill out an I-9 with false information?

 

Good luck 

[Abbie.S 1]

1 minute ago, canadian_wife said:

I am sorry for my confusion, but why would he be forced to fill out an I-9 with false information?

 

 

On the form there are four boxes, and it states "I attest, under penalty of perjury, I am..." and you must check one of the following: US citizen, a noncitizen national, a lawful permanent resident or an alien authorized to work. He is none of those. There are no other options. 

[Crazy Cat 41,974]

5 minutes ago, Abbie.S said:

On the form there are four boxes, and it states "I attest, under penalty of perjury, I am..." and you must check one of the following: US citizen, a noncitizen national, a lawful permanent resident or an alien authorized to work. He is none of those. There are no other options. 

I hope he has never claimed to be a US citizen.  That is an extremely serious offense.  

Edited May 6, 2021 by Lucky Cat

[Chancy 6,241]

5 minutes ago, Abbie.S said:

He is looking to leave this job. I asked our attorney if him filling out an I9 at this time for a new employer, knowing that he would be forced to fill it out with false information, would potentially jeopardize his case once it reaches consular interview stage (we're well into the I-601A, receipt date was 2/10/20). I can't imagine it's an uncommon thing for most undocumented immigrants and therefore wouldn't be grounds for denial of a visa in and of itself, but I don't know. She is also unsure.

 

It seems that your husband has no work authorization.  As such, he is not supposed to be working at all.  You'll probably need to consult elsewhere as VisaJourney's Terms of Service explicitly prohibits members from instructing, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities.

 

[Abbie.S 1]

4 minutes ago, Chancy said:

 

It seems that your husband has no work authorization.  As such, he is not supposed to be working at all.  You'll probably need to consult elsewhere as VisaJourney's Terms of Service explicitly prohibits members from instructing, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities.

 

I'm not asking anyone to help me or him commit fraud. I of course understand he's not supposed to be working if he has no authorization to do so. Neither do the other 11 million undocumented immigrants who are working in the US, and yet they are doing just that, which means some portion of them have filled out all kinds of required paperwork falsely. We can't be the only ones in this situation. 

[Crazy Cat 41,974]

16 minutes ago, Abbie.S said:

On the form there are four boxes, and it states "I attest, under penalty of perjury, I am..." and you must check one of the following: US citizen, a noncitizen national, a lawful permanent resident or an alien authorized to work. He is none of those. There are no other options. 

No one here will advise him to either continue to work illegally or to falsely claim to have authorization to work with a new employer.  The Terms of Service here prohibit that.

Edited May 6, 2021 by Lucky Cat

[Boiler 45,647]

If none of the boxes apply then he should state that.

 

I am not sure what you could expect a Lawyer to say.

 

No end of Employers do not require an I9.

[belinda63 3,038]

Your attorney cannot ethically advise him to do something that is illegal. 

[mushroomspore 3,044]

56 minutes ago, Abbie.S said:

I'm not asking anyone to help me or him commit fraud. I of course understand he's not supposed to be working if he has no authorization to do so. Neither do the other 11 million undocumented immigrants who are working in the US, and yet they are doing just that, which means some portion of them have filled out all kinds of required paperwork falsely. We can't be the only ones in this situation. 

If he can't work, then he can't work. Why is he looking for a job or trying to fill an I-9 when he does not have employment authorization? And what do the "11 million undocumented immigrants" have anything to do with YOUR case? Their decisions are their own and have nothing to do with your and your husband's decisions.

[Ontarkie 14,264]

Thread locked to further replies for TOS Violation - Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method. One post also removed for the same TOS. This thread is not to be restarted or referred back to.~~