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Oklahoma City, OK asked in Employment Law and Immigration Law for Oklahoma

Q: Afghan refugee terminated for EAD birthdate error. What are my options?

I am an Afghan refugee and have been legally in the US for 3.5 years. Upon my arrival, I was issued an Employment Authorization Document (EAD) with an incorrect birthdate. I recently received my green card and ensured that my corrected birthdate was on it. My employer noticed the change and terminated me, claiming my initial EAD was fraudulent. I confirmed with the local resettlement organization and its immigration attorney that the document was not fraudulent, and they are willing to provide a letter. Despite this, my employer insists that my case is closed, and I have received no formal documentation of my termination. The Human Resources department handled my case. What can I do to address this situation and prove my document was never fraudulent?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: What you are experiencing is very difficult, especially since the error on your Employment Authorization Document was not your fault but a government mistake. An EAD issued with the wrong birthdate is still a valid government document, and the fact that you now hold a green card with the corrected date confirms your lawful status. Your employer’s claim that the original EAD was fraudulent is not accurate, and you already have support from the resettlement organization and their immigration attorney to back this up.

Your first step should be to request written documentation from your employer about your termination, since you are entitled to know the official reason. At the same time, provide them with the letter from the immigration attorney or resettlement organization confirming that your EAD was valid and government-issued. This may help correct the misunderstanding and encourage them to reconsider, especially if their decision was based on confusion rather than malice.

If they still refuse, you can file a complaint with the Department of Justice’s Immigrant and Employee Rights Section, which handles cases of wrongful termination or discrimination based on immigration status or documentation errors. You may also want to consult with an employment attorney, as you could have grounds for wrongful termination. By gathering your documents, requesting clarity from your employer, and contacting the proper authorities, you will be in a strong position to clear your name and defend your right to work.

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