Affidavit needed for USC parent that previously worked in the US -illegaly?

[UnaMexicana 153]

Hi All

A question, not my situation but then again not so hypothetical:

I am a naturalized citizen and I want to help my parent immigrate to the US.

In the past, she worked for over 40 quarters (filed taxes though not legally present in the US).

Is an Affidavit of Support needed, or proof of their previously filed taxes would suffice?

I ask because I found this online, but would like your opinion on the matter if you had experience with this or know the requirement.

Note: Persons with credit for 40 quarters of work history in theUnited States (including work performed by a spouse during marriage and parents while the immigrant was under 18 years old) do not need to file an “enforceable” affidavit of support. Children who will automatically become citizens when they immigrate under the Child Citizenship Act similarly do not need to file an “enforceable” affidavit of support.

Thanks,

UnaMexicana

[AnnaMaria 68]

Hello, Could you elaborate more on the following statement:

In the past, she worked for over 40 quarter hours (filed taxes though not legally present in the US)

Did she have an ITIN or was she using an illegal Social Security Number to file these taxes? I may not have the answer right now, but I will try to do some research and find it for you.

[Mollie09 1,543]

It doesn't matter, work performed illegally does not count.

[AnnaMaria 68]

Edit : She worked illegaly.

I was thinking she was filing U.S. taxes and not a citizen or required to.

Edited September 2, 2014 by AnnaMaria

[UnaMexicana 153]

It doesn't matter, work performed illegally does not count.

I just love VJ. Thank you for your replies!!!

You have clarified this for me.

Best,

UnaMexicana

Edit : She worked illegaly.

I was thinking she was filing U.S. taxes and not a citizen or required to.

[Ian H. 207]

Hello, I think it may be a matter of how she filed her taxes, like if she used someone's SSN or had her own ITIN. You'd be surprised how many people living here illegally have valid SSN's, usually people who came on a visa or denied AOS and stayed. It looks like the major issue would be using a fake or stolen SSN. From what I understood, the work itself should count so long as there wasn't any fraud on her part.

I found this link: http://www.nilc.org/07confiscontributions.html

[UnaMexicana 153]

Thank you so much, Ian. Again... so many things we can find by doing a Google search, right? I really appreciate !

Hello, I think it may be a matter of how she filed her taxes, like if she used someone's SSN or had her own ITIN. You'd be surprised how many people living here illegally have valid SSN's, usually people who came on a visa or denied AOS and stayed. It looks like the major issue would be using a fake or stolen SSN. From what I understood, the work itself should count so long as there wasn't any fraud on her part.

I found this link: http://www.nilc.org/07confiscontributions.html