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DAP Forums > DREAM Act > The Lounge

Falsely claimed to be US citizen for job

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#1
09-03-2012, 10:59 PM
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I just read this in another thread and have become EXTREMELY worried:



[Q. I have been working with an invented social security number. Will that be a problem when applying for deferred action? I plan to use pay stubs to prove my presence here.

J.C., The Colony, Tx.


A. The USCIS won’t deny your application because you worked with a false number. That’s clear. My only concern is if you claimed U.S. citizenship to get your job. A person who makes a false claim of U.S. citizenship to get any federal or state benefit may face a bar to becoming a permanent resident. That includes claiming citizenship on the I-9, Employment Eligibility Authorization form employers should complete for all new employees. The “false claim to citizenship” applies to claims of citizenship made beginning September 30, 1996. The law provides an exception for an immigrant whose parents are or were U.S. citizens, who resided in the United States since before the age of 18, and who reasonably believed he or she was a citizen. If you did make a claim on form I-9, that won’t bar you from getting deferred action. However, the issue may come up somewhere down the road if you ever apply for permanent residence.]



In addition to using a fake SSN, I claimed to be a US citizen when filling out the I-9 Employment Eligibility Verification form for my last two employers. I didn't really have a choice; the other options (Lawful Permanent Resident or Alien Authorized to Work) also asked for an alien number which I did not know how to make up. I had no idea it made a difference what status I put on there--especially US citizen--since no matter what, I would be falsely claiming something I am not.

I realize claiming false US citizenship will not affect my DACA application, but I am very worried that my chances of one day being able to attain permanent residency and a green card are gone. That is a completely devastating and disheartening thought.

Has anyone else done the same or know more about this? I just emailed my attorney on this matter. I will have to wait until she replies tomorrow. The ultimate dream is to attain legal residency.
If my chance is gone, I will be completely broken. I hope that is not the case.


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#2
09-03-2012, 11:09 PM
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Listen, talk to your lawyer about this one. DACA didn't ask about this so you probably won't have any trouble getting EAD since it's not legal status. However, falsely claiming is like the kiss of death. It's stupid in my opinion because wife beaters can get waivers but trying to get a job is unwaiverable, unexcusable, and permanent.
Yes, you won't ever get legal status because of it...from the way the law is today. It may change in the future (immigration reform will definitely have to overlook this).
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#3
09-03-2012, 11:39 PM
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Talk to an attorney!! On your DACA application, omit any W-2's or check stubs or anything work related that might make USCIS ask for those I-9 forms either now or in the future.

P.s. how were you able to claim US citizenship on work application? They usually ask for ur social and drivers license or state I'd when ur a USC and since ur not then how'd u get the ID?
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#4
09-04-2012, 12:22 AM
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I've claimed citizenship on work applications before... oh well
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#5
09-04-2012, 12:51 AM
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Don't give up hope, if the actual dream act passed, I think it will provide some sort of relief for DREAMers because claiming to be USC among undocumented immigrants is more common than you think.
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#6
09-04-2012, 12:56 AM
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Quote:
Originally Posted by will_con View Post
Listen, talk to your lawyer about this one. DACA didn't ask about this so you probably won't have any trouble getting EAD since it's not legal status. However, falsely claiming is like the kiss of death. It's stupid in my opinion because wife beaters can get waivers but trying to get a job is unwaiverable, unexcusable, and permanent.
Yes, you won't ever get legal status because of it...from the way the law is today. It may change in the future (immigration reform will definitely have to overlook this).
It makes no sense to me why they would disqualify someone for this if they are probably very aware that the majority of us that work do so through the use of false information (i.e. fake SSN, etc). Work is a necessity, there is no way around having to lie. Yes, seems like my attorney will be the one to give me a definite answer on this.

Quote:
Originally Posted by GiveMeAChance View Post
Talk to an attorney!! On your DACA application, omit any W-2's or check stubs or anything work related that might make USCIS ask for those I-9 forms either now or in the future.

P.s. how were you able to claim US citizenship on work application? They usually ask for ur social and drivers license or state I'd when ur a USC and since ur not then how'd u get the ID?
My application has already been completed and sent. It did not include any W-2s (my attorney didn't feel they helped since they don't show the timeframe of employment, only the year and wages) but did include almost all my weekly paystubs (about 6 years worth) I had saved up and yes, half of them showed the fake SSN that I was using. My attorney said it didn't really affect anything; they are aware we use fake SSN to work. Even on the USCIS site, where it lists what type of proof to submit it includes paystubs, so they obviously know we are working illegally.

When you get a job, an employer has you fill out a W-4 tax form (to calculate your tax withholdings) and the I-9 (in which you attest you are authorized to legally work) for which you also have to present a document establishing identity (such as an ID) and one establishing work eligibility (such as a SSN card). The employer is supposed to photocopy both documents you present; some do, some don't. For one of my jobs, they just had me fill out the I-9 without having to present the two supporting documents. For the other job, I presented a fake SSN card and a fake CA ID.
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#7
09-04-2012, 12:58 AM
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I didn't submit any pay stubs or anything with my fakies. How else will they know it's me? I have only been employed once.
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#8
09-04-2012, 01:05 AM
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#9
09-04-2012, 02:14 AM
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If I'm not mistaken those that have made claims after 1996 might not be eligible for DACA in addition to all immigration benefits due to how the law is structured as there is no waiver.Falsely claiming US citizenship is indeed the biggest problem that any undocumented can face while trying to stay permanently,a lawyer is definitely required.
Quote:
Effect of Previous Immigration violations

During the Conference Call today USCIS has also pointed out that previous immigration violations, such as repeated illegal entries, false claims to U.S. citizenship, etc. may impact your ability to qualify for DACA benefits even if you otherwise fit all the criteria. However, USCIS will consider all the facts under the totality or circumstances to determine on a case-by-case basis if your case merits the grant of deferred action.

At this point, it is unclear how USCIS will exercise its prosecutorial discretion in such cases. Therefore, we recommend anyone considering Deferred Action Request to first investigate your immigration and criminal history before applying for DACA.
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#10
09-04-2012, 02:28 AM
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Quote:
Originally Posted by will_con View Post
Yes, you won't ever get legal status because of it...from the way the law is today. It may change in the future (immigration reform will definitely have to overlook this).
There are waiver's of inadmissibility, QUIT scaring people.
I-9 citizenship issues are the most common when AOS.
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