What is she supposed to do?

Miqie

New Member
Our company is being taken over by another company and everyone needs to fill out a new job application, drug test, background check, etc. My coworker has been working there since 2018. She is from a Middle East country (2014) and had a valid green card up until last year when it expired.
In 2015, she associated with a group that had an in home healthcare company. They would bill Medicade for services that were not performed. The lady that she was supposedly taking care of would travel a lot, and would pay my coworker an amount to keep her mouth shut. The whole group got busted and my coworker got a felony charge reduced to misdemeanor, got 5 years probation, and had to pay a fine of $60,000. The immigration courts never got wind of this, so she's kind of under the radar. But, it is considered fraud against the government and she was advised by immigration lawyers to lay low and not to try and get her green card renewed, until 2035!
Next week she will find out if the new company will hire her without a valid green card. Probably not. What is she supposed to do? She needs a green card to legally work, but is being advised to continue to lay low and not renew it. She is an excellent employee and I feel so bad for her. BTW, she has a paralyzed, (waist down) husband and an 8 year old and 10 year old. She wants to put all of this behind her and get her U.S. citizenship. Any advice would be greatly appreciated.
 
she was advised by immigration lawyers to lay low and not to try and get her green card renewed, until 2035!
This sounds very suspect.

in any case, how does it help her to live here without valid proof of status, especially now (with the current administration)? And yes, new employers will need an unexpired green card for I9 verification.
 
A green card is not required for her to do I-9. She can also use her unrestricted Social Security card (a List C document) plus her state driver's license (a List B document) for the I-9. It is completely the employee's choice which set of acceptable documents to present for the I-9. It is illegal for the company to request one set of documents over any other acceptable set of documents. Does she have an unrestricted Social Security card and valid driver's license? If she got or updated her Social Security card after she got her green card, it will be an unrestricted Social Security card.
 
A green card is not required for her to do I-9. She can also use her unrestricted Social Security card (a List C document) plus her state driver's license (a List B document) for the I-9. It is completely the employee's choice which set of acceptable documents to present for the I-9. It is illegal for the company to request one set of documents over any other acceptable set of documents. Does she have an unrestricted Social Security card and valid driver's license? If she got or updated her Social Security card after she got her green card, it will be an unrestricted Social Security card.
Assuming the DL is unexpired. It’s my understanding that many (most?) states set DL to expire when green card does. And most states require an unexpired green card or i90 receipt notice to renew the DL.
 
Permanent resident status does not goes away by not renewing green card, permanent resident status can be revoked only by immigration judge or USCIS.

She should be able to renew green card but naturalization is doubtful b'coz of misdemeanor conviction.
 
naturalization is doubtful b'coz of misdemeanor conviction.


good moral character is a 5 year period before naturalization. Even if the crime is seen as fraud and therefore CIMT, it’s not a permanent bar. It’s not clear when she got convicted.

I do think she could use a lawyer, and one who gives better advice than ”fly under the radar for 10 years”.
 
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