Can my immigration lawyer disclose my information to my employer?

Question

My employer has filed some immigration cases on my behalf in the past. Each time, the company lawyer would ask me to fill out a questionnaire asking all sorts of details, including whether I was ever arrested. I have a DUI arrest from long ago which I did not disclose because I knew it was not required on the actual immigration form. Now they are about to file a case that does require that information. If I say 'yes' now, can they report to my employer that I had not been truthful on previous occasions? Does attorney-client previledge apply here, since they are the company's lawyers, even though they are representing me with a signed power of attorney?

Answer 1

Your attorney cannot disclose anything, to anyone, unless you authorize it.  Be honest when filling out these forms.  Discuss everything with the lawyer.

Answer 2

This is actually complicated case, in your case the Lawyer is actually company representative, so all depends upon his contract with ur employer. The normal legal practices dont apply in ur case. DUI shouldnt be a big deal for ur employer as far as ur previous behaviour is OK with ur employer but again all depends upon what u have signed & what are the employer's guidelines etc.

Answer 3

First of all, the criminal record is required in I-485 form. USCIS does ask you about past any convictions or arrests and they have total right to check the system. Since you had DUI if will show up the system and once USCIS finds out that you lied, it will be a big trouble getting approval. Never lie anything regarding immigration to USCIS.

Here is the I-485 Form and check Part 3. 1.

http://www.uscis.gov/files/form/i-485.pd...

Second of all, if you are filing Permanent Residency based on employment, because the petitioner is employer and you are the beneficiary and the company hired and paid the attorney to prepare filing forms, the attorney is representing the employer not you. So the attorney in this case has obligation to disclose to the company about your information.

You might want to hire your own lawyer to give you check up on filing process. You might need Waiver on DUI. Good luck!