Each employer in the United States must have a document on file that verifies an employee’s authorization to work within the country. This is known as Form I-9. An employee must attest on the Form I-9 regarding his or her employment authorization and provide an employer with acceptable documents evidencing identity and employment authorization. Either an employee or employer may be subject to penalties for failing to comply with Form I-9 rules and guidelines.

Possible Penalties for Incorrect Form I-9

Various penalties exist if an employer to fails to properly verify an employee’s identity and work authorization or fails to complete and retain the Form I-9. Employers who violate the law may be subject to civil fines, criminal penalties, and other court-ordered requirements.

What if an employee fails to properly complete Form I-9? What are the potential penalties?

For any individual who knowingly commits or participates in acts relating to document fraud, individuals can be found liable for up $3,200 for the first offense and up to $6,500 for each subsequent offense. More importantly, an improperly completed Form I-9 may be used as evidence in deportation proceedings for immigrants who are not U.S. citizens,

False Form I-9 Supports Deportation

In 2008, a Kenyan native and citizen entered the United States as a nonimmigrant student. In December 2009, the Department of Homeland Security (“DHS”) sought to deport him from the country because he failed to maintain or comply with a condition of his status. In a hearing before an immigration judge, the Kenyan citizen applied for adjustment of status as the beneficiary of a visa petition filed by his spouse, a United States citizen.

The DHS argued that the Kenyan citizen was “inadmissible as an alien who falsely represented himself to be a United States citizen.” In support of its case, the DHS presented two different Form I-9s in which the Kenyan citizen checked the box as a United States citizen. The Kenyan citizen did not believe that he signed the forms; however, the immigration judge did not find the testimony credible. The judge, therefore, found that the Kenyan citizen was ineligible for adjustment status because he lacked good moral character in misrepresenting his legal status.

On appeal of the judge’s decision, the Board of Immigration Appeals held that Form I-9 may be used as evidence to determine an alien’s eligibility for relief from removal. Furthermore, the Form I-9 may be used as evidence in immigration proceedings, including cases where an alien is subject to deportation for making a false claim of citizenship.

Contact a Chicago Immigration Attorney

When you or a family member is subject to deportation proceedings, it can be a stressful time in your life. However, an experienced Chicago deportation defense attorney can help you through this process. Our deportation defense attorneys have extensive experience providing deportation and removal defense services. We will pursue every avenue to protect your rights. Contact our Chicago immigration attorneys today for a free initial consultation.