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working illegally and married

working illegally and married

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Old Oct 22nd 2002, 2:53 am
  #1  
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Default working illegally and married

hi, i was a student in the u.s. for years (I-20 and all). i then stayed on and off for a few more years and used the social security number i got as a student to work. i even payed taxes. now i live in canada (i am canadian) and am married to an american and we have a baby. my questions are will my previous (mis)use of my SS# prevent me from getting a green card now? should we apply from canada, or risk moving to the states and having me be rejected? should we get a lawyer, would that help.
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Old Oct 22nd 2002, 6:47 am
  #2  
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Default Re: working illegally and married

I know there are other people who can better address the issues of overstaying your visa - so I'll let them do that. I can tell you that "Falsely Representing Social Security Number" is considered a crime against the government and is therefore considered a crime of moral turpitude - which makes you inadmissible to the US. I'm guessing that using your social security number for employment after your visa expired would fall into that category - however I would strongly urge you to contact an attorney to get legal advise for clarification on that.


Originally posted by krista50:
hi, i was a student in the u.s. for years (I-20 and all). i then stayed on and off for a few more years and used the social security number i got as a student to work. i even payed taxes. now i live in canada (i am canadian) and am married to an american and we have a baby. my questions are will my previous (mis)use of my SS# prevent me from getting a green card now? should we apply from canada, or risk moving to the states and having me be rejected? should we get a lawyer, would that help.
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Old Oct 22nd 2002, 11:09 am
  #3  
Andy Platt
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Default Re: working illegally and married

It probably won't matter. Illegal work is forgiven when adjusting status
based on marriage to a US citizen. What would be a problem is if you used
illegal documents to show employment eligibility or otherwise committed
fraud (for instance, if you explicitly said you were a US citizen that would
be a problem; if the employer just thought you were because you managed to
stop saying "eh" at the end of the sentence that's their problem and it
won't have any impact on you ).

Andy.

--
I'm not really here - it's just your warped imagination.
"krista50" wrote in message
news:450926.1035255230@britishexpats-
.com
...
    > hi, i was a student in the u.s. for years (I-20 and all). i then stayed
    > on and off for a few more years and used the social security number i
    > got as a student to work. i even payed taxes. now i live in canada (i
    > am canadian) and am married to an american and we have a baby. my
    > questions are will my previous (mis)use of my SS# prevent me from
    > getting a green card now? should we apply from canada, or risk moving
    > to the states and having me be rejected? should we get a lawyer, would
    > that help.
    > --
 
Old Oct 22nd 2002, 1:00 pm
  #4  
Andy Platt
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Default Re: working illegally and married

"Jade" wrote ...

    > I know there are other people who can better address the issues of
    > overstaying your visa - so I'll let them do that. I can tell you that
    > "Falsely Representing Social Security Number" is considered a crime
    > against the government and is therefore considered a crime of moral
    > turpitude - which makes you inadmissible to the US. I'm guessing that
    > using your social security number for employment after your visa expired
    > would fall into that category - however I would strongly urge you to
    > contact an attorney to get legal advise for clarification on that.

That depends what you do with it. If the SS card has "Not valid for work
without INS authorization" on it, presenting that to an employer is not a
misrepresentation - the employer needs to check your INS authorization with
the I-9 and that is their responsibility. If the card did not have that
wording it would only be a problem if the person had misrepresented their
status on the I-9 - e.g. if they declared themselves a US citizen or
permanent resident.

Andy.

--
I'm not really here - it's just your warped imagination.
 
Old Oct 22nd 2002, 2:42 pm
  #5  
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Default Re: working illegally and married

Originally posted by Andy Platt:
"Jade" wrote ...

    > I know there are other people who can better address the issues of
    > overstaying your visa - so I'll let them do that. I can tell you that
    > "Falsely Representing Social Security Number" is considered a crime
    > against the government and is therefore considered a crime of moral
    > turpitude - which makes you inadmissible to the US. I'm guessing that
    > using your social security number for employment after your visa expired
    > would fall into that category - however I would strongly urge you to
    > contact an attorney to get legal advise for clarification on that.

That depends what you do with it. If the SS card has "Not valid for work
without INS authorization" on it, presenting that to an employer is not a
misrepresentation - the employer needs to check your INS authorization with
the I-9 and that is their responsibility. If the card did not have that
wording it would only be a problem if the person had misrepresented their
status on the I-9 - e.g. if they declared themselves a US citizen or
permanent resident.

Andy.

--
I'm not really here - it's just your warped imagination.
well this all sounds pretty bad.
does the fact that i paid taxes for years, thus contributing to the system reduce the moral turpitudiness of my character? or . had i better tell my husband to unpack his bags and get out his parka?
thank you all so much for replying,too.
k
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Old Oct 22nd 2002, 4:00 pm
  #6  
Andy Platt
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Default Re: working illegally and married

Tell us in more details how you got work, what you filled out, what you
showed, etc.

Andy.

--
I'm not really here - it's just your warped imagination.
"krista50" wrote in message
news:451524.1035297729@britishexpats-
.com
...
    > Originally posted by Andy Platt:
    > > "Jade" wrote ...
    > >
    > > > I know there are other people who can better address the issues
    > > of
    > > > overstaying your visa - so I'll let them do that. I can tell
    > > you that
    > > > "Falsely Representing Social Security Number" is considered a
    > > crime
    > > > against the government and is therefore considered a crime of
    > > moral
    > > > turpitude - which makes you inadmissible to the US. I'm
    > > guessing that
    > > > using your social security number for employment after your visa
    > > expired
    > > > would fall into that category - however I would strongly urge
    > > you to
    > > > contact an attorney to get legal advise for clarification on
    > > that.
    > >
    > > That depends what you do with it. If the SS card has "Not valid
    > > for work
    > > without INS authorization" on it, presenting that to an employer
    > > is not a
    > > misrepresentation - the employer needs to check your INS
    > > authorization with
    > > the I-9 and that is their responsibility. If the card did not
    > > have that
    > > wording it would only be a problem if the person had
    > > misrepresented their
    > > status on the I-9 - e.g. if they declared themselves a US citizen or
    > > permanent resident.
    > >
    > > Andy.
    > >
    > > --
    > > I'm not really here - it's just your warped imagination.
    > >
    > well this all sounds pretty bad.
    > does the fact that i paid taxes for years, thus contributing to the
    > system reduce the moral turpitudiness of my character? or . had i better
    > tell my husband to unpack his bags and get out his parka?
    > thank you all so much for replying,too.
    > k
    > --
 
Old Oct 23rd 2002, 1:44 am
  #7  
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Default Re: working illegally and married

[QUOTE][SIZE=1]Originally posted by Andy Platt:
Tell us in more details how you got work, what you filled out, what you
showed, etc.

Andy.

i filled out I-9s and said i was a us citizen. i showed a false card with a real number. i had a us drivers licence. i was in the system. i paid taxes. i had a 401K. everybody thought i was american, so not many questions came up. could i go to jail? i wouldn't like that too much. is there any way to spin this that doesn't sound as bad as it looks as i am typing this? i am afraid.
k
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Old Oct 23rd 2002, 2:00 am
  #8  
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Default Re: working illegally and married

No need to be afraid as long you stay in Canada. Don't think there's much chance of you legally immigrating to the U.S.

You burned yourself buddy. At least Canada is a nice place to live.
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Old Oct 23rd 2002, 6:48 am
  #9  
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Unhappy Re: working illegally and married

Hello I'm living in California at the moment originally from the Caribbean I have a few questions I would like to ask.

I was brought to the U.S.A as a child about 7 years old illegally i guess because it was not my identity I have lived here attended school this has been my home.
I am 21 years of age now and my situation is really gettig to me now I am not able to do anything work wise I have dreams and I am not able to accomplish them.
I call the ins phone line all the time and ask them if I'm qualified under any category they tell me No!! The only way is for me to get married...Well I am planning to get married! I don't want to do it but there's just no other way for me!
I met this guy we have been seeing each other like 2 months short of a year now He will be going for his citizenship interview November 15th and well were planning on getting married after that so my questions are.
1) Can He file I-130 petition/I-485/I765/I-131 all at once?
2)Do I qualify for 245(i) , Do I have to submit the supplemental I-485 $1,000 dollars with the original I-485 package?
3)How long does the "relative" process take?

I would really Appreciate it if someone can help me give me some advise..
I pray to god that he will see me through this stupidity I do not understand why I have to go through all of this but such is life but he really see that I just cannot go through this situation any longer so I know he's going to help me soon I just feel suicidal at times like I don't have a life I just can do what i want and it really hurts but i just hope it will be over soon I'm waiting for your advise!
 
Old Oct 23rd 2002, 6:50 am
  #10  
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Default Re: working illegally and married

how I post my own thread I'm not able too?
 
Old Oct 23rd 2002, 6:55 am
  #11  
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Default Re: working illegally and married

Originally posted by blessme:
how I post my own thread I'm not able too?
Hi,

Just click on the button labelled "New Thread" below all the postings in the current thread.

D.
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Old Oct 23rd 2002, 11:33 am
  #12  
Andy Platt
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Default Re: working illegally and married

Get an attorney and tell your hubby to dust out that parka - you'll probably
need to get a waiver which isn't a sure thing and could take a while anyway.

Andy.

--
I'm not really here - it's just your warped imagination.
"krista50" wrote in message
news:452204.1035337497@britishexpats-
.com
...
    > Originally posted by Andy Platt:
    > > Tell us in more details how you got work, what you filled out,
    > > what you
    > > showed, etc.
    > >
    > > Andy.
    > >
    > > i filled out I-9s and said i was a us citizen. i showed a false card
    > > with a real number. i had a us drivers licence. i was in the system.
    > > i paid taxes. i had a 401K. everybody thought i was american, so not
    > > many questions came up. could i go to jail? i wouldn't like that too
    > > much. is there any way to spin this that doesn't sound as bad as it
    > > looks as i am typing this? i am afraid.
    > > k
    > --
 
Old Oct 23rd 2002, 12:53 pm
  #13  
Andy Platt
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Default Re: working illegally and married

I'm not sure what the status is but there is a law working it's way through
congress that would allow those who were brought across as minors illegally
to adjust status. It amounts to "you shouldn't get screwed for mistakes your
parent's made". I would check out Shusterman and see what the situation is:

http://www.shusterman.com/

Until / unless one of these becomes law or section 245(i) is reintroduced
temporaily there's nothing you can do even if you marry a US citizen.

Andy.

--
I'm not really here - it's just your warped imagination.
"blessme" wrote in message
news:452421.1035355737@britishexpats-
.com
...
    > Hello I'm living in California at the moment originally from the
    > Caribbean I have a few questions I would like to ask.
    > I was brought to the U.S.A as a child about 7 years old illegally
    > i guess because it was not my identity I have lived here attended
    > school this has been my home.
    > I am 21 years of age now and my situation is really gettig to me now I
    > am not able to do anything work wise I have dreams and I am not able
    > to accomplish them.
    > I call the ins phone line all the time and ask them if I'm qualified
    > under any category they tell me No!! The only way is for me to get
    > married...Well I am planning to get married! I don't want to do it but
    > there's just no other way for me!
    > I met this guy we have been seeing each other like 2 months short of
    > a year now He will be going for his citizenship interview November
    > 15th and well were planning on getting married after that so my
    > questions are.
    > 1) Can He file I-130 petition/I-485/I765/I-131 all at once?
    > 2)Do I qualify for 245(i) , Do I have to submit the supplemental I-485
    > $1,000 dollars with the original I-485 package?
    > 3)How long does the "relative" process take?
    > I would really Appreciate it if someone can help me give me
    > some advise..
    > I pray to god that he will see me through this stupidity I do not
    > understand why I have to go through all of this but such is life but
    > he really see that I just cannot go through this situation any longer
    > so I know he's going to help me soon I just feel suicidal at times
    > like I don't have a life I just can do what i want and it really hurts
    > but i just hope it will be over soon I'm waiting for your advise!
    > --
    > blessme
 
Old Oct 23rd 2002, 2:11 pm
  #14  
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Default Re: working illegally and married

[QUOTE][SIZE=1]Originally posted by Andy Platt:
Get an attorney and tell your hubby to dust out that parka - you'll probably
need to get a waiver which isn't a sure thing and could take a while anyway.

Andy.



ok, thank you all very much for your help. one last question: can i visit? what about crossing the border? could i get caught and arrested? for my previous life? my inlaws want to show off their grandkid, who is attached to me.
thanks k
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Old Oct 23rd 2002, 2:50 pm
  #15  
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Default Re: working illegally and married

Seems to me that as a Canadian citizen you should have little problem crossing the border if you are simply going to visit friends (your family ARE friends, right? I think I'd leave out the family part when asked why you are travelling)

As usual, don't lie but don't offer ANY extra information.

In your case, you might want to stand real close to the border line so you can hop back across - just in case

I didn't mean to be brutal in my last post. I can understand why you may have done the things you did in the past. It's hard to think long term when we are young. Fortunately, Canada is close by and your child is a U.S. citizen. Maybe some day soon there will be another amnesty program and perhaps you can qualify.

Best of luck to you.
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