IMMIGRATION MATTERS
A Column by Kimberley A. Chandler, Immigration Attorney
October, 2009
IMMIGRATION LAW AFFECTS
EVERYONE There
is a widely-held perception that only undocumented
folks are affected by United States immigration
law. I recently contacted an attorney friend
about a personal injury legal matter involving
my family. In an effort to support my immigration
practice, she enthusiastically offered to refer
potential clients to me, because, she said, “Even
illegals get hurt.” I chose not to launch into
a lecture about most of my clients being legally
in the United States, but her comment continues
to trouble me. This is why.
There is a huge, intricate body of immigration
law and regulations developed to control the
movement of people into, and out of, the United
States. These laws and regulations touch, in
some way, the lives of nearly every person living
in the United States, citizens included. Subjects
addressed by these laws and regulations include
travel documents required of United States citizens,
procedures United States citizens must follow
to bring foreign-born adopted children, fiancees
and spouses to the United States, the activities
in which non-citizens may participate and for
how long they may stay, and tax and estate planning
issues, to name just a few.
There are innumerable immigration laws affecting
companies doing business in the United States.
Employers must verify the identity and work authorization
of every new employee, including U. S. citizens.
The forms that employers complete during that
verification process are subject to review by
state and federal government agencies; and employers
who are not in compliance are subject to hefty
fines. Immigration laws regulate tax and benefits
issues relating to non-citizens, and they control
the structure of business entities that include
non-citizen owners. Employers wanting to bring
foreign workers into the United States must comply
with complicated procedures set forth in the
immigration law.
There
are, of course, many skilled and dedicated attorneys
who represent persons who are in the United States
without authorization. To assume, however, that
all immigration lawyers must represent “illegals,” as
my attorney acquaintance did, represents a gross
misunderstanding of the breadth of United States
immigration law. This article should not be relied upon as
legal advice. Consult an immigration attorney
for advice specific to your situation.
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