Lubbock, TX Immigration Law Firms & Lawyers

Yes. Lawful residents, including conditional residents, may file a relative petition for their son or daughter who are 21 or older as long as they are unmarried when the petition is filed.

No, his misdemeanors do not affect you and he can still file a petition for you. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case, advise you of your options and, if possible, make sure that the necessary paperwork and documentation is presented so as not to delay the process.

In the case of your undocumented employee, she would chiefly be sponsored by her daughter, and I assume that you would act as the financial cosponsor. Such sponsorship would be through your filling out an I-864 affidavit of support form. Under the law, such a sponsor is responsible for providing financial support for up to 125% of the poverty guidelines, and your assets can be deemed hers if she makes application for means tested benefits from a local, state, or federal government. The obligation lasts until the alien has acquired 40 quarters of work, becomes a US citizen, passes away, or leaves the US permanently. Insofar as your liability as an employer is concerned, a driver's license is not sufficient documentation to hire someone in the US. That plus a Social Security card without a limiting date would be sufficient, however, for employment. But even if that was the case, it appears that you were made aware of her illegality a year ago when she informed you that her license was expired. You might be liable for fines, although it is questionable that DHS would be interested in going after you. However, in these days of Trump, there are no guarantees.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.