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worked illegally,recently married to a US citizen

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  • worked illegally,recently married to a US citizen

    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...

  • #2
    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...

    Comment


    • #3
      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.

      Comment


      • #4
        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.

        Comment


        • #5
          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.

          Comment


          • #6
            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

            Comment


            • #7
              What's this about $1,000 fine?

              Comment


              • #8
                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....

                Relevant links:

                http://www.uscis.gov/graphics/formsf.../i-485supa.pdf

                http://www.uscis.gov/graphics/formsf.../i-485supa.htm

                http://www.uscis.gov/lpBin/lpext.dll...b-8cfrsec24510

                Comment


                • #9
                  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!!!

                  Comment


                  • #10
                    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

                    Comment


                    • #11
                      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.
                      The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                      Comment


                      • #12
                        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

                        Comment


                        • #13
                          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.

                          Comment


                          • #14
                            K-
                            Her name is blondie, not bloodie...

                            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?

                            Comment


                            • #15
                              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.

                              Comment

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