Hi, is anybody who could give me an advice? I came legally from Europe, after a couple of extensions I overstayed my tourist VISA and then started working. I made up a SSN, pretended to be an american and worked for 18 months for a construction company. They liked my work and still want me to work for them. But I am fixing on marrying my gf - USC, so I quit and I want to start filing my paperwork. Will I need a fraud waiver in this case? Should I mention my work? I worked under my real name and use a real american DL. Does it mean that I am ineligible by the law? Is it hard to prove an extreme hardship for my wife and her 3 kids? Anybody, give me a hope,.. thanks.
<HI>
Posted
Two quick questions - did you claim to be a US citizen? Are the children yours biologically?
<married worker>
Posted
No, the kids are not mine biologically. I have know my gf (next week my wife) for 6 months. She had them with her ex boyfriend, but they love me as well as her family and everything is real. And I do love them too. Question is if that counts.
<HI>
Posted
What about your "pretending to be an American" - did you at any time claim to be a citizen?
<married worker>
Posted
By "pretending to be an american" I meant signing a clause on I-9 to get the job: The question"Are you a US citizen?" I answered Yes.. and made up a SSN. My question now is if the fraud is or can be found as involving moral turpitude or misrepresenting by INA. I want to go forward and come up with this to INS. I made up a SSN, I feel bad and I would let my company to send new W-2c's to correct my invalid SSN and replaced it with a new on(if I get one). There is a big chance my company would do that because they want me to work for them. I didn't use the wrong number to obtain any immigration benefits, but to get a job "only". Therefore I would think I don't have to use a fraud waiver to get around it, because I am eligible for simple adjustement of my status. Thanks.
<xandtrick>
Posted
Misrepresentation is a pretty serious offence.
Basically you are now deportable and are ineligable for future admittance into the US.
There is no waiver for this kind of offence.
<xandtrick>
Posted
Adendum
Theoratically marriage to a USC would waive any overstay and you would be allowed to Adjust Status but FALSELY CLAIMING UNITED STATES CITIZENSHIP cancels this privilige.
This is one of the few offences where there is no 'good' solution.
<gues>
Posted
ALMOST ALL MISREPRESENTATION HAVE A WAIVER AVAILABLE BUT CLAIMING FALSELY TO BE US CITIZEN IS NO WAIVER.
<Med>
Posted
First off why would you put down a fake SSN on INS Forms?From now on just forget that you ever made up a fake social and state where ever need is:None if you are ask for SSN.There is no way they(INS)will know you did this. Don't tell them you worked period.
<married worker>
Posted
No I never claimed to be an american on any INS form. Only time I did it was on I-9 for my employer, the same place where I used invalid SSN. I don't think the INS would find out, because the information and dismatch of numbers would show up in computers of Social Security and the IRS. But if they do find out they know I laid to the INS which is pretty bad too.
<No problem>
Posted
Married worker: don't listen to those idiots. You have no problem whatsoever - because you are married to an American citizen, INS forgives you for working without authorization. You do not need a waiver - just do not admit to the INS officer that you used a fake SSN to work and that you fraudulently filled I-9 Form. If they ask you, "Did you work?" you answer "Yes, the company paid me under the table, with cash" Green Card approved, believe me I know quite a lot of people who have done so. Good Luck!
<guest>
Posted
Married worker Could you e-mail me please... babycakes08012@yahoo.com I have a question for you....Thank you
<married worker>
Posted
Thank you no problem, I don't really think the INS might catch up and find out about wrong SSN,... even I used my name and DL. My worries are if I just say yes I worked and get paid under table, what questions are gonna follow? When, where, for who, for how long and so on? If there is any investigation that follows? Thanks if anyone has experience.
<to no problem>
Posted
oh sure. the way "around" the problem is more deceit and more lies and then maybe it will go away. this board and its "advice" for dishonesty is disgusting and ought to be reported to the INS.
<For Fun>
Posted
http://www.jbum.com/liedetector/decoderring.html
<to married worker>
Posted
Please, please ignore "no problem". Lying to the INS, although tempting and an apparent solution, will only worsen your situation. You claimed citizenship on a government form: there is no waiver or solution to that. Don't let the INS fool you. They are linked closely with the IRS and this will be found out through multiple SSN mismatch letters and returns. What if your company is audited and they review your I-9? There is a false claim and fake SSN right there on a federal form. There is a statement on the form too, where you acknowledge that you are responsible for the information in section 1 and understand that you will be held liable for inaccurate/false information. Get an attorney for a FREE consult. You've made yourself deportable, and I wouldn't waste much money on a lawyer if they can't help you. I'm very sorry you did this.
<they say>
Posted
I guess the name on the fake SSN is supposed to be misspelled, isn't it? At least that's what some guys say,
Don't give up worker. My opinion is that your false statements on I-9 form are not crimes involving moral turpitude and therefore you are eligible to adjust your status. If you didn't use the wrong SSN for any other illegal behavior, but the work you should be fine.... But I am not a lawyer. Good luck.
<uscitizen>
Posted
What do you have to lose by not telling the INS that you used a fake SSN? If they dont find out (which is more than likely they case) you are home free. If they do they deport you. On the other hand if you tell them...they deport you for sure.