Smith & Kramer, P.C., White Collar Criminal Defense Attorneys

Expert Legal Advice for businesses and managers under ICE investigation for Immigration Law Violations including employment of undocumented workers.

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Our Firm provides pro-active, hands on, client-oriented representation

 

Smith & Kramer, P.C.
801 Grand Avenue
Des Moines, IA 50309-8004

 

 

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515.246.5884

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Are you in need of expert legal representation in an immigration related case? Call us today!

Immigration Crimes

Immigration and Customs Enforcement (ICE) formerly Immigration and Naturalization Services (INS) investigate crimes related to:

  • Employment of undocumented workers
  • Falsifying, counterfeiting or altering immigration or identification documents
  • Identity theft
  • Making false statements on immigration applications

Employers cannot knowingly or recklessly employ persons who do not have authorization to work in the United States. Employers who do so can be charged with a federal misdemeanor or felony. All United States citizens are allowed to work in the United States. Citizens of foreign countries who are permanent resident aliens (those who have “green cards”) are also authorized to work in the United States. In addition, citizens of other countries can obtain work authorization on a temporary or permanent basis under a variety of federal programs. Employers are required to verify that their employees are authorized to work. To do this, starting in 1986, every employer is required to complete an Employment Eligibility Verification form (I-9 Form) for every new employee. Completion of these forms can be simple or complicated depending on the circumstances and the documentation presented by the employees. An employer’s obligation is to review original documents and determine that the documents presented appear genuine on their face and appear to relate to the person presenting them. Completing I-9 forms correctly provides a limited defense to charges of knowingly or recklessly employing illegal aliens. An attorney experience in immigration law compliance can assist in reviewing I-9 forms and an employer’s procedures for completing I-9 forms to provide the maximum protection allowed by the law. Employers are always obligated to take action and, if necessary, terminate an employee if they learn that employee is not authorized to work.

Have Questions? Call us at (515) 246-5884

Balancing the obligations to avoid the employment of illegal aliens with the employer’s obligations not to discriminate against applicants and employees based on national origin or race can be difficult and confusing. Employers face sanctions from different agencies of the federal government for failing to walk that line correctly. An attorney experienced in immigration law compliance and in employment law compliance can assist an employer in meeting its obligation to not discriminate while ensuring that it is not employing illegal aliens in violation of the law.

Falsifying, counterfeiting or altering immigration or identification documents is a federal crime. Providing false information on an immigration form or application is also a federal crime. Particular care must be taken in completing forms related to hiring foreign workers or assisting a foreign worker in obtaining a work visa.

Identity theft is a crime often in the news and brings to mind the theft of personal information and the fraudulent use of credit cards and bank account funds. Identity theft is also often charged when workers use another person’s name and social security number to gain employment. To constitute identity theft the person may but does not have to steal money or property from another, but must know they are using the information and identifying numbers that belong to another person. If the identity theft is done in relation to another crime such as an immigration offense, false citizenship crime, social security fraud, theft of government money or bank, mail or wire fraud there is a mandatory 2 year prison sentence upon conviction.

A person under investigation for or charged with an immigration related crime needs effective and experienced attorneys to investigate, advise and defend and to protect their personal and business interests.

Have Questions? Call us at (515) 246-5884

 

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Agricultural Law and Business Law legal representation including White Collar Criminal Defense for Tax crimes, False claims (Qui Tam issues), Enviromental violations, FBAR and foreign bank account issues, Immigration crimes, Health care crimes, Fraud and similar claims against businesses and their owners.

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801 Grand Avenue, Suite 3700
Des Moines, IA 50309-8004
1.515.246.5884