3 ms·
My points are: 1. They can deport you anyway. 2. It isn't clear that the LLC is violating any laws for having corporate officers who run afoul with immigrat
by einhverfr 13y ago
My points are:
1. They can deport you anyway.
2. It isn't clear that the LLC is violating any laws for having corporate officers who run afoul with immigration laws.
3. It isn't clear that the corporate officer is subjected to any additional penalties for such work.
If you aren't going to spend an additional day in jail or have additional legal sanctions for certain behavior, then the argument is entirely academic.
In short, yes they can throw them out of the country. My question is.... What other penalties come up for doing the work? If there are none, then it doesn't matter, the only real crime is overstaying the visa, entering illegally, or the like.
And yes immigration can make their lives worse if they want to return. But immigration can do this even if no laws have been broken.
So my question: What, if any, additional penalties attach to an illegal immigrant for the actions of serving as a corporate officer?
- nknighthb 13y ago> 2. It isn't clear that the LLC is violating any laws for having corporate officers who run afoul with immigration laws. Corporate officers are just as much employees as anyone else. Where is this idea that they're something else coming from? By the way, 8 USC 1325(d): "Any individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fined in accordance with title 18, or both."
- einhverfr 13y agoregarding 8 USC 1325(d), the plain language seems to suggest that merely starting a business in order to earn money is not what is barred by the law, but rather trying to fraudulantly start a business so as to engage in fraud regarding entrepreneurship visas. This would seem to parallel 8 USC 1325 (c) which is clearly intended to target straw marriages existing solely for immigration reasons. Note that neither of these provisions only targets the immigrant party. Both appear to target US citizens as well (for example, agreeing to a sham marriage or a sham business deal aimed at an immigrant visa).