>> Host: Welcome to LawCall. We have the answers to your legal questions. Here’s what’s coming up tonight. Call us at 1-855-LAW-1955. We talk about immigration. If you believe someone is an illegal immigrant, what should you do? Can you give them a job? Will you be fined or put in jail? Give us a call. Plus sometimes we hurt those that love us. We talk about who lawsuits really hurt. If you feel your old boss was less than fair when he fired you, there may not be much you can do about it. First, Brett Turnbull is here to look at your e-mail questions. My daughter went on a trip with a friend’s family and was injured at the hotel. She needs several months of rehab. Should the hotel pay for it, or do I have to sue her friend?
>> Brett Turnbull: That’s a great question. The answer is difficult to hone in on. The simple fact is this. If the hotel had an unreasonably dangerous condition on the premises, you may be able to bring a lawsuit or claim against the hotel. Otherwise, if it’s just an accident without unreasonable condition or negligent on the part of the family supervising your child, it’s not a case at all, but there is a possibility it could be, yes.
>> Host: For more info go to deliveringjustice.com. Tonight, Kirby Farris talks about complicated lawsuits, and who lawsuits really hurt.
>> Kirby Farris: After an accident, some people feel uncomfortable pursuing a lawsuit against another person. How does it impact the person sued? If another person is at a fault for your injuries, it’s available for compensation for losses you incurred and may suffer in the future. Long-term care may be necessary. Also, but bringing a claim, you may be able to prevent a similar injury to someone else. Most claims are paid by insurance companies, so the person you sue will likely not have to pay money out of pocket. It’s a civil case, not a criminal case. The defendant will not go to jail, but you may be sentenced to a lifetime of pain and suffering you deserve to be compensated for. I’m Kirby Farris of Farris Riley and Pitt in Birmingham.
>> Host: Once again, we are talking about immigration. Brett, I think we have an expert on the subject today.
>> Brett Turnbull: We sure do. He’s a lawyer who practices here in Birmingham. It’s Alberto Osorio.
>> Albert Osorio: We do family based immigration and business immigration as well. We have an office in Birmingham and Bessemer.
>> Host: We have Brett and Albert. We are ready for your calls. We have Louise from shell pi. How are you?
>> Caller: I’m doing well.
>> Host: You are on with LawCall. What is your legal question tonight?
>> Caller: I have a son-in-law in the country illegally. He has never been in trouble. He works, wants to become legal, but has been told because he tried once prior to enter the country and was stopped at the border, that he could not become legal at this time. What, if any, options does he have?
>> Brett Turnbull: Albert?
>> Albert Osorio: That’s a good question. If he is married to a U.S. Citizen and has been south of the border and returned one time, he can file a 130, a family-based petition. He may also qualify for a waiver. If he entered the country illegally, without a visa, he would have to go through the waiver process here, go to his country of origin and come back in, but he may qualify for a family based visa if he’s married to a U.S. Citizen, there may be a waiver available to him for being returned previously.
>> Host: Louise, we hope that answers your question. Thanks, Albert. The big subject — there are a lot of things to talk about, but if you could give our viewers a glimpse of becoming a legal citizen. Open the door for that?
>> Albert Osorio: There are basically several ways. We have a lot of clients that petition for political asylum. There are other ways to come in. One is through a family-based petition, if they have a family member that’s a U.S. Citizen or resident. They may be able to come in with a legal visa. There are student visas, employment visas. There is a wide spectrum, but in order for the person to immigrate, come in with an immigrant visa, they have to qualify under one of the categories.
>> Host: If you have questions, give us a call.
>> Brett Turnbull: This isn’t my area of practice. Questions I get are from various people about employing someone here illegally, that they know is here illegally, whether it be a construction job or whether it be landscaping. Tell us about that. Can the employer get into trouble for that?
>> Albert Osorio: It is a violation of the law to employee someone that has a status of unlawful presence. It is technically a violation of the law. There are a lot of people in the country illegally, and they get a tax ID Number from the IRS and work that way. They are in the shadows, filing tax returns based on the tax ID, however it is against the law.
>> Host: Once again, we are talking about immigration. If you have questions, give us a call. 1-855-law-1955. You talked about visas. Talk to the viewers about those?
>> Albert Osorio: There is H1VV. That’s the employment visa offered to persons that want to come into the country and they have an employer that wants them to come in. As an example, engineers, or professionals, they can’t come in if they are employer sponsored. They can’t apply for the HV1 visa. There are only 65,000 visas allotted each year with an extra 20,000 for master’s degree and higher participants. They are limited in scope. As an example this year, there are 236,000 applicants for 85,000 visas.
>> Host: Good information. If you have questions, give us a call. We’ll be right back after this break. You are watching Fox 6, WBRC.
>> Host: Has someone you know lost a job for reasons that seem unfair or unclear? In tonight’s legal brief, Bob Prince explains why state law may not be of assistance.
>> Bob Prince: Alabama is at an at-will state. There are few laws for employers. The state has not many laws for hires and firing employers. He can hire and fire anyone he wants to as long as he doesn’t discriminate. That includes age, sex, race, religion, origin or color or disability status. If you think you have been fired unfairly from your job, it couldn’t hurt to talk with the state department of labor or call an attorney. More often than not, hiring and firing is at the discretion of the employer and there’s not much to be done about it. Back to you.
>> Host: Once again, we are talking about immigration. 1-855-LAW-1955. Let’s take a call from our viewers. We have Robin on the line. How are you?
>> Caller: I’m fine. How are you?
>> Host: You are talking to LawCall. What is the question you have?
>> Caller: Is it hard for a person to obtain a visa if they don’t have a job here in the states? Is it hard for them to obtain a visa if they have an American desire?
>> Albert Osorio: It is. If they have a lawful presence and a child that is a U.S. citizen, when the child reaches the age of 21, the child could petition the parent to stay in the U.S. and become a resident. You have to wait until the child turns 21. At this point, it depends on the individual’s situation. They may be able to adjust their status another way. Recently, this issue was taken up by the U.S. Supreme Court with the deferred action for parents of arrivals. It was — there was for parents of U.S. citizens, the president tried to use executive power to defer any removal of parents of children who are U.S. citizens. That was stricken down by the Supreme Court. At this time, there is no relief in regard to that. They have to adjust another way.
>> Host: We’ll take another question. This time we have Michael from alexander city. How are you?
>> Caller: I’m fine. How are you?
>> Host: Just fine. You are on with LawCall. What is your legal question tonight?
>> Caller: Whoever can answer this, you touched on it a while ago. I have heard — you hear different things speaking of different people talking. You mentioned a person having a tax number and working even though he is illegal in this country. How does that take place? I missed that part a while ago. I don’t understand how an illegal immigrant, or however you worded it, can have a tax number and work in this country even though he’s illegal. Can you explain that to me?
>> Albert Osorio: Basically, it’s illegal to work in the U.S. if you have unlawful presence and you don’t have an employment authorization card, however there are millions of people residing inside the U.S. And they have unlawful presence and the only way they can pay taxes is through a tax ID number. If that person later on becomes a U.S. resident, that tax ID number merges with a social security number. It follows the person while they are in the United States. We hope that answers your question. We have Louise from Chelsea. How are you?
>> Caller: I’m fine.
>> Host: You are on with LawCall. What is your legal question for the night?
>> Caller: I would like to ask this question, if a person is illegal in the state of Alabama and they have a drivers license and an address, what is to prevent them from being able to vote in an election like the one we have coming up in November?
>> Albert Osorio: Well, if they are in the state of Alabama, and they have a driver’s license, they are not supposed to have one if they don’t have an employment authorization card or legal status. They may have a driver’s license from other states that issue driver’s licenses to persons with unlawful presence. If they are in Alabama, they shouldn’t have a driver’s license if they are here without an employment authorization card.
>> Host: We hope that answers your question. We have Brett. We have Albert. We are ready for more of your questions. You are watching Fox 6, WBRC.
>> Host: Mark your calendars for the upcoming docket. July 31st, disability benefits. August 7th, nursing home and funeral negligence. August 14th, it’s all about the injuries. If you would like more information on immigration law, call his office or visit his website at osorio.com. If you have questioning for Kirby, Birmingham or Pitt, you can call or follow them on twitter and Facebook.
>> Host: If you have questions on the subject of immigration, call us. Brett, couple of things we talked about.
>> Brett Turnbull: The things I see in our practice, we are a personal injury law firm. Car wrecks, truck wrecks, things of that nature come and go. One of the things that pops up, what happen in the event that you are involved with motor vehicle accident with someone here illegally. If they get deported, does something negative happen if this hurt someone in a car wreck?
>> Albert Osorio: Persons that are in the United States can purchase auto insurance or a home or property. That’s not a problem. In that aspect, they can do that. Because they have a car wreck they don’t get deported. There are instants where people here illegally will be deported as example if he or she commits a criminal offense under the moral turpitude, they can be deported. If the person follows the law, is here unlawfully, works, and doesn’t get into trouble, they are not considered an enforcement priority.
>> Host: Let’s take a call from one of our viewers. David, how are you?
>> Caller: Oh, doing well. How are you doing?
>> Host: Doing well. You are on with LawCall. What is your legal question for tonight?
>> Caller: I’m 41. I was born in Dan. While my parents were traveling. I never really resided there, but when we come back, I have lived in Alabama most of my life. I have been a plumber by trade for years. Recently, within the last two years, I found out I have to get a green card. I was told that I would be granted dual citizenship because my father was born in Montana and I never resided in Canada, but I have gone through the whole — I have had to hire a lawyer and get a green card, which cost a bunch of money. I wonder, is it just because of the way — the way Bentley worded the stuff in Alabama as far as law for immigration or is it — it’s really hindering me right now? I have lived here my whole life and paid taxes and have a social security card my whole life. I don’t understand it.
>> Albert Osorio: The immigration laws are the jurisdiction of the federal government, not of the state government. Governor Bentley doesn’t have anything to do with immigration law. As far as someone that has a parent that is a U.S. citizen, that — you can naturalize through parents — as a matter of fact, you are automatically naturalized through your parents if you have a parent that is a U.S. citizen. You should not have problems obtaining a green card.
>> Host: We’ll take a call from another viewer. Steve from Warrior, how are you?
>> Caller: I’m good.
>> Host: You are on with LawCall. What is your legal question tonight, sir?
>> Caller: I was curious who pays your salary?
>> Pays whose?
>> Caller: Does his clients pay his salary?
>> Brett Turnbull: Typically, we talk a lot on the show, Albert, about contingency fees in the field. He’s asking if you work off of contingency fees, or do the individuals pay you?
>> Albert Osorio: In immigration court, if you are in legal proceedings, you are not entitled to an attorney. That is the difference between a person charged with removal or in custody not opposed to an tournament as opposed to a U.S. citizen. My fees are 100% paid by my clients.
>> Host: We have Pamela from Hoover. How are you? You are on with LawCall. What is your legal question tonight?
>> Caller: I was calling to ask a question in regard to immigration. I believe mike from Alexander City touched on what I’m concerned with ID, driver’s license and registering to vote. I teach voter education. I know the gentleman stated you can have an ID, you didn’t state if they could vote or not. One of the criteria to vote is that you must be a U.S. citizen. If you have a driver’s license or tax ID number illegally, you can’t vote. He said something about tax ID and being able to obtain the tax ID number, but he stated they can get that number even if they are illegal citizens. How can you get a tax ID number if you are illegal?
>> Albert Osorio: If you are here illegally in the U.S. you can get a tax ID number. That tax ID number is a number that you use if you are working to pay taxes. Persons here illegally do not have the right to vote.
>> Host: We hope that answers your questions. Thank you Albert. Thank you Brett. Have a great evening. We’ll see you all next week.