E-Verify is an Internet-based system that can be used by an employer to confirm employee identify and employment eligibility of job applicants before hiring them. The system compares information from an employee's Form I-9, Employment Eligibility Verification (which every employer is required to have every employee fill out), to data from U.S. Department of Homeland Security and Social Security Administration records. 

Upon completion of the form I-9, the employer uses E-Verify to confirm the information provided on the Form I-9, which is usually based on documentation provided by the employee. E-verify provides instant results for the employer and displays case results within a few seconds of submission. 

A rejected employee has 8 days after rejection within which to file an appeal to demonstrate that he or she has the legal right to work.  As an employer, it makes good sense to advise the employee about their rights.  Otherwise the employer is then duty-bound to terminate the employee, or face sanction from ICE for knowingly hiring an undocumented worker.

The good news is that E-Verify is free and the fastest online service of its kind that verifies employees' data against millions of government records and provides results within as little as three to five seconds. For interested employers, follow this link to download the E-verify user manual.

It is important for businesses at risk to create a process for using e-verify, with templated and compliant notices given so that in case of an ICE audit, there is a written record of compliance.  This can help avoid fees and lengthy court battles with OCAHO.

Many businesses are concerned - especially with the ongoing legislation to make e-verify mandatory - about these compliance issues and E-Verify. Indeed, in many states, it already is mandatory. Like almost anything related to immigration, E-Verify is controversial for its potential to reject properly authorized workers.  Nevertheless, for businesses concerned about getting hit with an ICE audit or raid, knowledge about the system is key.  Be proactive and protect your business.

Have you ever voted in any sort of elections as a Greencard Holder? If yes, then you may have sabotaged your chances of applying for US citizenship in the future by making a false claim to citizenship, because only a US citizen is entitled to register and vote. Green card holders (lawful permanent residents) have no such right. INA § 212(a)(6)(C)(ii) states “an alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United for a purpose or benefit under the Act is inadmissible.” INA § 237(a)(3)(D)(i) states “any alien who falsely represents, or has falsely represented, himself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any Federal or State law is deportable.” 

The dangerous thing about this subsection is that there is no waiver.  That means if USCIS finds that you did make a false claim to citizenship, you lose your green card, and there is no defense.  You have to prove that the false claim was either recanted, or not a false claim as a matter of law.

On the form N-400, Application for Naturalization (citizenship), Questions 1, 2, & 3 under part 11, all pertain to making a false claim to citizenship by way of registering to vote or actually voting. Many people assume that the answer to question number 1 under Part 11 of the N-400 form is “No”, when it should in fact be marked “Yes” if you have ever registered to vote or voted. 

Our firm has successfully won approvals and gotten citizenship for a series of our clients who made a “False claim to citizenship” by way of inadvertently registering or voting in elections. Many people have made the error of registering at the Department of Motor Vehicles by marking “Yes” to one of the questions on their application for a drivers license. Not knowing that one small oversight can create a huge problem in the future.

We can help.  First, we have a process that entails several steps to get you successfully de-registered as soon as possible. And then we put a case together for you and argue that even if a false claim to citizenship has been, it has been recanted in a timely manner. If you fear that you you may inadvertently registered or actually voted, contact our firm as soon as possible.  At the very least, you will want to check all voter rolls in all counties you have lived to make sure there is no record of you ever having registered to vote.  But the time to do it is now.  Every case is different, so if this c