What would happen to my boyfriend if he reported that he was illegal in order to get money owed to him? 8 Answers as of January 31, 2011

What happens if an illegal alien reports themselves and the company that illegally employed them which owes them a large sum? My boyfriend isn't taking care of this matter. He is now back in his country but he worked as an independent contractor illegally and is owed a large sum of money. What would happen if he turned himself in and reported the company?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
He can make a Wage claim with the Department of Labor to be paid what he is owed regardless of his immigration status or even that he is still in the U.S. An employment lawyer would be best suited to do this. Since he is overseas anyway there is nothing that can be done to him from an immigration status. Any illegal time in the U.E. or illegal employment may affect a later petition by you but the wage claim itself would not affect that or his rights to have you apply for him, apply for an immigrant visa and if applicable a waiver. If you want a consultation on the specific facts of his case, then contact me as indicated below.
Answer Applies to: California
Replied: 1/31/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
Nothing much. Simply reporting would probably result in little. Perhaps you should consult with an attorney that specializes in employment\contract/wage type cases to see if anything can be done from the outside.
Answer Applies to: Virginia
Replied: 1/25/2011
Pauly P.A.
Pauly P.A. | Clemens W. Pauly
If he worked as an independent contractor then this is most likely simply a contract matter between your boyfriend and the company and he would have to file a civil lawsuit to demand his money back. The government will not assist with that.

If he was really not an independent contractor but rather should have been considered an employee then the government could pursue sanctions against the company for I-9 violations but in order for that to happen, the violations would have to reach a larger level than "just" your boyfriend's case.
Answer Applies to: Florida
Replied: 1/25/2011
The Vega Law Firm
The Vega Law Firm | Linda Vega
If your boyfriend feels that he should report a company for illegal activity I would suggest that he. An attorney before he does so. This would protect him and perhaps allow him to apply for a visa should he be entitled to such protection.
Answer Applies to: Texas
Replied: 1/24/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Sorry for the ordeal. The company is going to be punished for negligently hiring illegal immigrant. A lawsuit has to be filed in order for your boyfriend to get his money back. Good luck!
Answer Applies to: Florida
Replied: 1/24/2011
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    He will be deported.
    Answer Applies to: Tennessee
    Replied: 1/24/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Turned himself into whom, the local gendarme in Dominica or perhaps the U.S. Consulate? Nothing would likely happen at all except, perhaps, a few members of the local constabulary of his country scratching their heads as to what your boyfriend was up to before they sent him on his way.
    Answer Applies to: Virginia
    Replied: 1/24/2011
    Marie Michaud Attorney At Law
    Marie Michaud Attorney At Law | Marie Michaud
    I would need more facts to answer this one correctly.But why wasn't he paid? Did the company go bankrupt or was it some threats such as the company representative telling him they will have him deported if he complains? This might be a possible T visa.
    Answer Applies to: California
    Replied: 1/24/2011
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