Hello, I hope you can help me. I will try to explain my situation as quickly and as plainly as I can. I am 23 years old. I came to the US legally as a child (8yrs)with a tourist visa. I was under the guardianship of my parents and stayed in the US. I finished HS and got my diploma. I worked odd jobs here and there from about 2000 to 2004 with a fake social security card. I haven't been working since. I got married last NOV. 2005 to a Natural Born US Citizen and am looking to apply for my greencard. I am confused as to what to answer in the portion of the BIO application where it asks of previous jobs. I know I cannot apply for the greencard with the fake ss (that's suicide), and I have this gut feeling that I should give my list of jobs i worked and be honest. But if I do... in that page there will be a contradiction -no social sec.# on the top and the list of jobs on the bottom-. My dilemma is -will they charge me a penalty or a fine(of $1,000)? Will they ask me about my jobs and the fake social security # if it's listed? If so what do I say, and what shouldn't I say? Are they sympathetic to spouses of US Citizens in this matter? THANK-YOU VERY MUCH FOR YOUR TIME...
i would suggest you get a good immigration lawyer to handle you case.you broke the law so i dont think it would be wise to do this on your own...i really dont see you having any major problems once the paper work is file correct.
What others on this site have said, and which I'll repeat: DO NOT LIE TO IMMIGRATION AUTHORITIES (or to your lawyer). It is quite likely that the penalties for lying would be greater than those for whatever you've done.
Working without authorization is not a ban when the application is based on IR status. In fact, many judges see a steady history of gainful employment as a positive equity, With regards to the use of the fake SSN, keep in mind the general intent behind 42 USC 408 regarding those who use social security numbers for otherwise lawful activities. Curiously enough, the Senate again showed the very same intent in the construction of CIR, that should be evidence enough related to the proper construction of the statute. There's a fresh case where during adjustment proceedings in district court, an alien informed the IJ that he had misrepresented his status in order to obtain employment using a false license and social security card. The judge replied "I can personally understand why you would do that" and granted a both a waiver and adjustment. The IJ cautioned the alien by stating "You are now a permanent resident and I expect the misrepresentations to stop". This is relevant to the balance of equities issue when you also consider that the person had a conviction related to welfare fraud. This is NOT legal advice and not intended to be used as guidance. If you need legal advice, counseling or guidance please contact an attorney.
Simply put, Marriage to an american citizen is full amnesty and working without proper authorization is really not going to affect you much other than the fine of i believe $1000 (dont quote my figure). Fill out the application including your work history, pay the fine and you will be all set. Basically the only time a marriage cannot help you is when you commit a felony, other than that, either way your issue is common place and your only penalty is the fine. Good luck
The $1,000 fine is a penalty fee charged to immigrants with similar problems to blondiecint and must be paid with the form I-485. bloodiecint would also have to file the 1-485 supplement A form. Cases similar to bloodiecint are:
Alien crewmen Aliens with work without authorization Aliens in unlawful immigrant status Aliens who fail to continuously maintain legal status since entry into the US Aliens who were admitted in transit without visa etc etc....
Most likely the "fine" is the fee related to LIFE Act applications... But immediate relatives of USC do not need to use LIFE to apply. AOS is not some amnesty, it's a very sound provision of law designed by Congress after years of consideration, trial and error and study... it's a balance of equities in consideration of the interest of the USC relative. THIS IS NOT LEGAL ADVICE!!!
lol call it what you want houston, when you get married, a lot is forgiven and legal advice would point back to what ive already said. Read the books instead of saying what you feel and btw the 1000 fine is not part of the LIFE act, it applies to immigrants adjusting their status but who may have had an unlawful status as well. Please refer to the links i have provided above and speak intelligently. I dont argue or make up information, neither do i engage in nonsensical arguments
Indeed. In fact its not a fine at all, but is a fee to accompany form I485A and is the Supplement to Application to Register Permanent Residence or Adjust Status under section 245.
This was required by people who entered the US in transit (C visas), without a visa, or without inspection (such as a nonimmigrant crewman or a stowaway) but its sunset has passed, I believe in 2001.
Specific to blondiecint, unauthorised work will be forgiven when adjusting status as an immediate relative of a US citizen. I'd confer with an immigration attorney, if you're not confident on how to proceed. Then get your adjustment package submitted along with the EAD applcation (I765) and toss that fake soc sec, and get a genuine SSN when your EAD is approved.
Posts: 1176 | Location: ..the natural world | Registered: 06-13-2005
Thank you sappy. I like educated people, makes things smoother. Excuse my use of "amnesty" its just my way of saying forgiveness would be granted to bloodiecint
I'm still confused... there are different answers... I don't know what to think! Has anyone gone through a similar situation? Again, thanx for all the advice.
This is not legal advice of course-but from what I have always read - when marrying a citizen working without permit is forgiven. If it were me I would certainly not use the social on my application. I would list the jobs. Have you done a search on this forum for other posts regarding I-485?
It's not that working without authorization is "forgiven" or some sort of "amnesty" is applied. Under CFR and INA, working without authorization is not a ban to AOS for immediate relatives. This means that, in the exercise of discretion, adjudicators will not "normally" deny an application in the absence of other adverse factors. What would be the point in carving out an exception for immediate relatives if the applications were to be denied as a matter of discretion? Also, according to Ibrahim, "immediate relative status is a very special and weighty equity" This point was already considered by the U.S. Supreme Court, resulting in the current practice. Moreover, the exception exists only for immediate relatives and other special immigrants, in any other case working without authorization is a ban to AOS but not to consular processing provided INA(a)(9) does not come into question. If you want amnesty, look at cuban adjustment. THIS IS NOT LEGAL ADVICE.
1. I-485A and $1000 fee is irrelevant for blondiecint's case
2. spouses of US citizens are eligible to adjust status to permanent resident even if they have worked without authorisation and/or overstayed visa
From the above, blondiecint, you should be OK and don't need to pay extra $1000.
However - if the SSN you used belongs to another person, you may be charged with misrepresenting yourself in order to obtain benefits that otherwise wouldn't be available to you (work). Worst case scenario is that the SS number belongs to a person who is US citizen. If those charges come up, being a spouse of US citizen doesn't help.
So, in order to find out fully what you may expect, contact a lawyer. And check if the SSN you used belongs to somebody else!
And yes, be honest. Otherwise you just dig a deeper hole for yourself.
The use of the SSN could be more complicated than it looks. It may or may not be a CIMT, some circuits now apply the logic of the 9th circuit in Beltran-Tirado after taking a closer look at what Congress really intended. There's also some construction issues that relate to the use of the words "knowingly" and "willingly" together as required by some circuits. More and more courts are now reading some subjective intent to "do something the law forbids", that is, acting with a criminal mind. Obviously, trying to obtain, by fraud or misrepresentation, a benefit that is not available to the person would be evidence of such intent if the person KNOWS about such restrictions and attempts to break the law (therefore acting "willingly") by consciously taking specific steps (i.e. misrepresentations; acting "knowingly"). This is NOT legal advice.
Hmm.. Actually, following the logic used in Beltrain-Tirado, the essence that decided the case lay in the distinction between malum prohibitum and malum in se. Or, a wrong committed only because it is prohibited by statute rather than one that is inherently wrong and evil-intentioned.
Using a fake SSN, it seems, falls under the first category, when the fake SSN is used to gain employment and legally report one's earnings and tax obligations, which is generally not inherently wrong nor considered a CIMT.
The BIA recognised the same distinction between the two motivations also in Flores, 17 I. & N. Dec. 225, 227 (BIA 1980)
Posts: 1176 | Location: ..the natural world | Registered: 06-13-2005
Also, Beltran-Tirado is grounded on the distinction made by Congress inside the statute itself, regarding the conduct of aliens and SSN's. This particular prohibition is not a regulatory offense, not a general intent crime, but rather a specific intent crime. Crimes of specific intent require, by definition, some degree of criminal intent to be alleged by indictment and proven beyond the reasonable doubt.
umm... I understand that this isn't Legal advice,... but thank-u for hearing me out nonetheless. OK. Here's the "kicker"... I started working when I was a *minor* at age 16-17 and I obtained the fake Social thru my parents... I did as I was told and got a job. I was told tid-bits of information here and there and by the time I put it all together I was already working. I stopped working when I was about 20 (in the beginning of 2004). I filled the job application with a school ID card and the fake social... (which I THINK belongs to a deceased person). Will this information change the case?
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