Filing When Undocumented.

[DjEra]

What is the name of your state (only U.S. law)? California

I am working for this pallet company and they still owe me $600.

If I file for small claims, do I risk deportation?

[Proserpina]

Originally Posted by DjEra

What is the name of your state (only U.S. law)? California

I am working for this pallet company and they still owe me $600.

If I file for small claims, do I risk deportation?

Do you mean undocumented as "illegal entry", or undocumented as in "overstayed"? (yes it can make a difference).

And are you asking if it's OK to sue the company who happens to be hiring you illegally?

[DjEra]

Originally Posted by Dogmatique

Do you mean undocumented as "illegal entry", or undocumented as in "overstayed"? (yes it can make a difference).

And are you asking if it's OK to sue the company who happens to be hiring you illegally?

nah, the person who hired me is also illegal... he aslo runs a pallet company without a license.

I wanted to sue for the 600$ he owes me. I live in Los Angeles and I know there is laws that protect me, I am just unaware what they are or who I can go for orientation.

[Proserpina]

Originally Posted by DjEra

nah, the person who hired me is also illegal... he aslo runs a pallet company without a license.

I wanted to sue for the 600$ he owes me. I live in Los Angeles and I know there is laws that protect me, I am just unaware what they are or who I can go for orientation.

Sorry, I cannot help you.

[DjEra]

Originally Posted by Dogmatique

Sorry, I cannot help you.

Don't know much? Or because i'm undocumented?

[Proserpina]

Originally Posted by DjEra

Don't know much? Or because i'm undocumented?

LOL!

Would you humor me please? Why haven't you adjusted status?

[DjEra]

Originally Posted by Dogmatique

LOL!

Would you humor me please? Why haven't you adjusted status?

I can't provide the resources needed to resolve my status in this country.

I wouldn't be in this situation if I haven't got paid.

I just want the 600$ he owes me, I worked hard for them and deserve them, not only that but my children need them.

[Proserpina]

Originally Posted by DjEra

I can't provide the resources needed to resolve my status in this country.

I wouldn't be in this situation if I haven't got paid.

I just want the 600$ he owes me, I worked hard for them and deserve them, not only that but my children need them.

Here's the problem. You are both doing something illegal. A court is simply not going to enforce what is essentially an illegal contract.

Get your status sorted out, then you can work legally and this won't happen again.

[DjEra]

Originally Posted by Dogmatique

Here's the problem. You are both doing something illegal. A court is simply not going to enforce what is essentially an illegal contract.

Get your status sorted out, then you can work legally and this won't happen again.

There must be something I could do...

Anyways I will keep trying.. Maybe CHIRLA can help.. Thanks for you're knowledge

[Proserpina]

Originally Posted by DjEra

There must be something I could do...

Anyways I will keep trying.. Maybe CHIRLA can help.. Thanks for you're knowledge

CHIRLA are not above the law (and what you're trying to do is enforce an illegal agreement - again the courts are not going to do that); they cannot trump State and/or Federal regulations.

(and please be aware - this is a LEGAL board. It's not set up to aid illegal actions, y'know?)

[DjEra]

Originally Posted by Dogmatique

CHIRLA are not above the law (and what you're trying to do is enforce an illegal agreement - again the courts are not going to do that); they cannot trump State and/or Federal regulations.

(and please be aware - this is a LEGAL board. It's not set up to aid illegal actions, y'know?)

I never said CHIRLA was above the law. Please quote me with bold letters on that. I wll only go there to seek advise. According to some lawyers in the state of California Immigrant workers have laws that protect them from employers.

I am not here to beef, I am just here to seek advise as told before.

CHIRLA might not be above the law.. but GOD is..

At the end we all pay for our wrong doings...

have a blessed day

[Proserpina]

Originally Posted by DjEra

I never said CHIRLA was above the law. Please quote me with bold letters on that. I wll only go there to seek advise. According to some lawyers in the state of California Immigrant workers have laws that protect them from employers.

I am not here to beef, I am just here to seek advise as told before.

CHIRLA might not be above the law.. but GOD is..

At the end we all pay for our wrong doings...

have a blessed day

In this country God isn't above the law - sorry. But back to the point....

Yes, there are many laws protecting both immigrant workers and immigrant employers. Yes, he can be penalized for employing you - and yes, you can be penalized for working illegally.

Honestly? You really need to sit down and figure out if $600 is worth your family being apart, and you being deported.

Call a few local immigration attorneys and see what they say. I am aware that though the law can say one thing, in South Texas, California, New Mexico and a few other places certain rules are not as heavily enforced.

[DjEra]

Originally Posted by Dogmatique

In this country God isn't above the law - sorry. But back to the point....

Yes, there are many laws protecting both immigrant workers and immigrant employers. But as you are not a legal immigrant to begin with you're going to find your options very, very, very limited. Yes, he can be penalized for employing you - and yes, you can be penalized for working illegally.

Honestly? You really need to sit down and figure out if $600 is worth your family being apart, and you being deported.

Call a few local immigration attorneys and see what they say. I am aware that though the law can say one thing, in South Texas, California, New Mexico and a few other places certain rules are not as heavily enforced.

hence the reason I will keep asking

[Proserpina]

To clarify:

Quite honestly if you're to be successful the only avenue where you stand a chance is by with employment laws. Small claims cannot help you with your situation but yes, there are protections available under labor/employment rules although these laws cannot protect you from eventually ending up in deportation proceedings.

Be careful. Ask yourself if it's truly worth it.

(and I can't emphasize enough the importance of you adjusting your status as soon as possible - I'm hoping that you overstayed versus entering the country without inspection)

[DjEra]

Originally Posted by Dogmatique

To clarify:

Quite honestly if you're to be successful the only avenue where you stand a chance is by with employment laws. Small claims cannot help you with your situation but yes, there are protections available under labor/employment rules although these laws cannot protect you from eventually ending up in deportation proceedings.

Be careful. Ask yourself if it's truly worth it.

(and I can't emphasize enough the importance of you adjusting your status as soon as possible - I'm hoping that you overstayed versus entering the country without inspection)

Thanks for the heads up, I am sure my status should be resolved asap but atm economy is hitting us the hardest. I well know I have all the requirements to become a producing resident... It's all about my resources, mainly cash... And ofc I won't risk being deported... My kids are citizens of this country, I don't think what they would do in a foreign country.


Thanks For You're Help Again *Cheers*