By Staff Report
Feb. 3, 2015
After losing his student visa status because of financial reasons, Raymond Dakura remained in the United States in the hopes of returning to school. He obtained two jobs using the identities of U.S. citizens, and completed the U.S. Department of Homeland Security’s employment eligibility verification Form I-9 using those identities and attesting that he was a “citizen or national of the United States.” Dakura was reported to the authorities and removal proceedings were instituted. While those proceedings were pending, Dakura married a U.S. citizen and applied to the Department of Homeland Security for recognition of their marriage and to adjust his status to lawful, permanent resident.
An immigration judge denied Dakura’s application and the U.S. Court of Appeals for the 4th Circuit agreed, and held that Dakura was inadmissible because the Immigration and Nationality Act’s false-claim bar provides that an alien who falsely represents himself to be a citizen of the U.S. is inadmissible for citizenship status.
The court held that private employment is an “immigration benefit,” and it does not matter that Dakura did not claim that he, himself, was a U.S. citizen because his purpose was to obtain employment. Dakura v. Holder, No. 13-2246 4th Cir. (Nov. 24, 2014).
IMPACT: Employees should be cautioned of the consequences of falsely claiming to be U.S. citizens. Also, employers should ensure that Form I-9 documentation is finalized by applicants.
We build robust scheduling & attendance software for businesses with 500+ frontline workers. With custom BI reporting and demand-driven scheduling, we help our customers reduce labor spend and increase profitability across their business. It's as simple as that.
ComplianceMinimum Wage by State in 2022 – All You Need to Know
Summary The federal minimum wage rate is $7.25, but the rate is higher in 30 states, along with Washing...
federal law, minimum wage, pay rates, state law, wage law compliance
LegalCalifornia’s push for a 32-hour workweek explained, and how to prepare
Summary: California is considering a 32-hour workweek bill for businesses with over 500 staff 4 day wee...
32 hour workweek, 4 day workweek, california, legislature, overtime
LegalA business owner’s guide to restaurant tipping law
Business owners in the restaurant industry are in a unique position when it comes to employee tips. As ...
restaurants, tip laws, tipping