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Should SS# and Work History be Disclosed During AOS Process?

Should SS# and Work History be Disclosed During AOS Process?

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Old Apr 24th 2002, 1:40 am
  #1  
Pasama82
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Default Should SS# and Work History be Disclosed During AOS Process?

My girlfriend and I are planning to marry and petition the INS for an adjustment of
status. She entered the US with a tourist visa which expired a year ago. During her
stay here she obtained a Social Security number and a driver's license (she used the
driver's license at the Social Security office as proof of her eligibility). She used
the Social Security number to get a job that she has had for over a year. Both the
I-485 and I-130 ask for information about Social Security number and employment
history. What are the risks if we disclose this information? Could our petition be
denied because she has a SS# and has been working illegally? What are the risks of
witholding this info? Our hope is that we can navigate this process open and
honestly. We would really appreciate any advice. Thanks
 
Old Apr 24th 2002, 3:40 am
  #2  
Alvena Ferreira
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Default Re: Should SS# and Work History be Disclosed During AOS Process?

pasama82 wrote:
    > My girlfriend and I are planning to marry and petition the INS for an adjustment of
    > status. She entered the US with a tourist visa which expired a year ago. During her
    > stay here she obtained a Social Security number and a driver's license (she used
    > the driver's license at the Social Security office as proof of her eligibility).
    > She used the Social Security number to get a job that she has had for over a year.
    > Both the I-485 and I-130 ask for information about Social Security number and
    > employment history. What are the risks if we disclose this information? Could our
    > petition be denied because she has a SS# and has been working illegally? What are
    > the risks of witholding this info? Our hope is that we can navigate this process
    > open and honestly. We would really appreciate any advice. Thanks

You need to consult an immigration attorney. while illegal work is forgiven for the
spouse of a US citizen, the using of fraudulent documents can be an issue. See an
attorney and find out where you stand. Alvena See the Doc Steen site here:
http://www.mindspring.com/~docsteen/...o/visainfo.htm I am not a lawyer, and this
is not immigration advice. The information I provide is mostly gleaned from old
newsgroup posts and visa links on the internet. If you want or need a lawyer, go to:
http://www.aila.org
 
Old Apr 24th 2002, 12:40 pm
  #3  
Andy Platt
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Default Re: Should SS# and Work History be Disclosed During AOS Process?

"Alvena Ferreira" <[email protected]> wrote in message
news:[email protected]...
    > pasama82 wrote:
    > > My girlfriend and I are planning to marry and petition the INS for an adjustment
    > > of status. She entered the US with a tourist visa which expired a year ago.
    > > During her stay here she obtained a Social Security number and a driver's license
    > > (she used the driver's license at the Social Security office as proof of her
    > > eligibility). She used the Social Security number to get a job that she has had
    > > for over a year. Both the I-485 and I-130 ask for information about Social
    > > Security number and employment history. What are the risks if we disclose this
    > > information? Could our petition be denied because she has a SS# and has been
    > > working illegally? What are the risks of witholding this info? Our hope is that
    > > we can navigate this process open and honestly. We would really appreciate any
    > > advice. Thanks
    >
    > You need to consult an immigration attorney. while illegal work is forgiven for the
    > spouse of a US citizen, the using of fraudulent documents can be an issue. See an
    > attorney and find out where you stand.

Unless she used fake documents, either the SSA made a mistake or the employer is at
fault. When applying for the social security card, the driver's license is only half
of the documentation needed - the other half is proof of either US citizenship or
immigration status. If she supplied the correct immigration status she should have
received a card that was ineligible for work (which it is unlikely the SSA would
provide). And if she got that, the employer was at fault for not using it.

In any case I agree with Alvena that if there was any fraud on the part of your
girlfriend, an attorney is a must.

Andy.

--
I'm not really here - it's just your warped imagination.
 
Old Apr 24th 2002, 3:40 pm
  #4  
Mrtravel
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Default Re: Should SS# and Work History be Disclosed During AOS Process?

Andy Platt wrote:
    >
    > Unless she used fake documents, either the SSA made a mistake or the employer is
    > at fault.

So, the question is, "What kind of SS card did she get"? Did it state that it wasn't
valid for work? If it was the unrestricted kind, then SS made an error. If it was the
restricted kind, then the employer made an error.

Did she file an I-9 with the employer? On this form, it has boxes to check your
immigration status.(citizen,LPR, or alien authorized to work until __/__/__) To the
left of the boxes, and below the address part of Section 1, it says:

"I am aware that federal law provides for imprisonment and/or fines for false
statements or use of false documents with the completion of this form."

Below that is a signature line.

How did she fill this form out?

The penalty for NOT telling INS and having them find out could cause her to
be deported. It would be far safer to report it and try to get it waived.
Hire an attorney.
 
Old Apr 25th 2002, 9:40 pm
  #5  
John
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Default Re: Should SS# and Work History be Disclosed During AOS Process?

Please let me know what happens and what the attorney tells you since your situation
is one I will face soon.
 

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