question regarding an illegal holding a job at a E-Verify facility

[CANDELARIA]

I'd like to ask the Community to help me resolve a quite pressing personal matter.
For 16 years I have been a happily married person and my spouse has a Green Card since 2008 planning to apply for Citizenship in 2013.
Unfortunately, due to other unrelated circumstances I am out of status since 2002. [NOT MY FAULT in terms of my legal proceedings then]

I am currently employed by a large company that recently became a member of the E-Verify program and I have been asked to consent to E-Verify background check.
Disclosure is absolutely out of the question, because of legal consequences for me and the company.
I am currently delaying the inevitable - and trying to stay at work maybe a week or so longer but I don't see how I could work there without confronting HR in an immediate future.
When hired I was never required to consent to E-Verify.
Can I expect them to run this check without my consent since I already work there?

What to do about all that?
I mean I am quite sure I should quit my job - but I was hoping there was maybe another way out.
In addition to that please help me understand my situation better in terms of possible detention or arrest at my workplace.
Please - if there is any way out of this - let me know.

 

[speakamericano]

I'd like to ask the Community to help me resolve a quite pressing personal matter.
For 16 years I have been a happily married person and my spouse has a Green Card since 2008 planning to apply for Citizenship in 2013. Unfortunately, due to other unrelated circumstances I am out of status since 2002. [NOT MY FAULT in terms of my legal proceedings then]
Why do you say it wasn't your fault? Were you brought here as a child? Did you overstay your visa? Did you fly here or jump the border?
I am currently employed by a large company that recently became a member of the E-Verify program and I have been asked to consent to E-Verify background check. Disclosure is absolutely out of the question, because of legal consequences for me and the company. I am currently delaying the inevitable - and trying to stay at work maybe a week or so longer but I don't see how I could work there without confronting HR in an immediate future.

As I was hired I was never required to consent to E-Verify and now should I expect them to run this check without my consent since I already work there?

My question is basically - what to do about all that?

I mean I am quite sure I should quit my job - but I was hoping there was maybe another way out.

In addition to that please help me understand my situation better in terms of possible detention or arrest at my workplace.

Please - if there is any way out of this - let me know.

.

 

[CANDELARIA]

I was wrongfully denied a petition for an adjustment of status from B1 to F1 visa.
The denial was based on incorrect legal assessment and was unlawful.
I appealed and did not receive any response.
At the time my lawyer said I have no chances to re-appeal because of the time I waited for the previous response - it was I believe 4 months or so.
This means I overstayed my visa.

 

[speakamericano]

From what I know, if you came here on a visa, then you could still be eligible for an adjustment of status. But if you came here without a visa (usually crossing the border without ANY paperwork) then you have no status to adjust with. I am not sure what could be a possible solution to your situation. But there's many others who might know. They'll probably answer tomorrow.

 

[CANDELARIA]

Thank you for taking your time to respond.
However I am unsure how I could adjust anything being out of status for 9 years....

 

[speakamericano]

It's always better to be here on some sort of status than having no status. Hopefully you can adjust once your husband becomes a citizen. But until then I am not sure. Has your husband tried filing a petition for you as a spouse? I am not sure if he can petition for you before he becomes a citizen or not...But that info. if someone else can confirm could be a way out.

Sometimes the judges are more lenient on people who overstay when they've a family or people who rely on them vs. someone who's single and in the country illegally to begin with.
Good Luck!

 

[CANDELARIA]

My lawyer didn't see any merit in petitioning for anything. Dura lex sed Lex.
I know I could wait 2 years. I am asking what to do in the mean time.

I am truly scared of showing up to work on Monday and being escorted out with police assistance.
I would like to know if they could E-verify me without my consent.

 

[speakamericano]

I don't think they will E-verify... If they wanted to do that then they should have done it when you started work. It's usually the ICE people who do deportation cases, if you see them, run (sarcastic answer).. Most likely they won't be there..due to budget cuts and stuff.

 

[CANDELARIA]

"If they wanted to do that then they should have done it when you started work."

Sir, with all due respect, as I said previously - there was no E-Verify when I got hired.
I wasn't even aware of that problem 2 weeks ago.

I suggest you read here:
en.wikipedia.org/wiki/E-Verify

two excerpts:
"Federal government
As of September 2007, most of the federal government did not use the system when hiring employees, but an Office of Management and Budget directive mandates that all federal government agencies sign up to use E-Verify by October 1, 2007."

"Federal contractors
As of September 8, 2009, employers with federal contracts or subcontracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause are required to use E-Verify to determine the employment eligibility"

 

[speakamericano]

E-verify is an internet tool. Before E-verify employers were supposed to verify the employees documentation manually with a Social Security Number or any other proof of employment authorization. The govt is finally enforcing the E-verify due to the pressure coming from other states on illegal immigration. The employers were just too lazy to verify the employees status before the e-verify kicked in... US companies were never allowed to hire illegals, but many of them did due to the profitability they received from paying low wages to some of the illegals who were just here due to their own circumstances.