Section 1 of Form I-9, Employment Eligibility Verification, warns new employees that the representations they make while completing the form carry the weight of declarations, and the law imposes penalties of civil fines and/or imprisonment upon the use of false statements and/or documents in completing Form I-9. For instance, Form I-9 asks whether the new employee is: a citizen or national of the United States, a lawful permanent resident or an alien authorized to work until a date specific. What if the new employee, who is also a foreign national, does not answer these questions truthfully?
This article explores the potential adverse consequences of an untruthful declaration made on Form I-9 by a newly hired foreign national employee. The adverse consequences may include both civil and criminal liability. Perhaps more important, the may consequences include a finding of inadmissibility that may or may not be overcome by a waiver, or, in cases involving false claims to U.S. citizenship or a finding of document fraud, permanent inadmissibility.
Click below Link for complete article.
** Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Member of Cyrus D. Mehta & Associates, PLLC in New York City. He is also an Adjunct Associate Professor of Law at Brooklyn Law School where he will teach a course on Immigration and Work. Mr. Mehta has received an AV rating from Martindale-Hubbell and is listed in Chambers USA, International Who’s Who of Corporate Immigration Lawyers, Best Lawyers and New York Super Lawyers. Mr. Mehta is a former Chairman of the Board of Trustees of the American Immigration Law Foundation (2004-2006). He was also the Secretary and member of the Executive Committee (2003-2007) and the Chair of the Committee on Immigration and Nationality Law (2000-2003) of the New York City Bar. He is a frequent speaker and writer on various immigration related topics.