Came on Visa Waiver 2001, got SSN 2004, married USC 2005, now needs to start on papers

[dorson 0]

Hello All,

I need some advice (would be to find some was in the same situation as I am) on how I should I approach applying and processing my papers.

My story is that I came on a Visa Waiver (NZ passport) in November 2001 and overstayed. In 2004 I learned that someone(Samoan) got there SSN just by going apply for it at specific Social Security Office.

I went and present my Samoan passport and Samoan birth certificate. They look Samoa up in the system and they asked is this American Samoa? Yes. I got my Social Security Card in mail two weeks later. I found a job and has been working ever since. In 2005 I got married to a US citizen but never did my papers. The state I'm in approved a new law that to renew drivers licenses they will investigate throughly to see if you are legal or not - meaning I have to provide 2 evidence of proof. My DL expires next month.

So now I need to do my papers but not sure of the steps involved/forms to submit and if we should hire a lawyer due to how I got my Social Security Number - lied/misrepresent?

I'm married to a US citizen and we have a 3 and 2 years old children. She has to quit her job next month to take of her sick(hospitalized)and ageing parents so I will be the sole provider - will this help my case? - the hardship card?

To do my papers we would have to max out our credit cards and sell our car, so wondering if there is a cost effective way of doing this - no need for a lawyer maybe?

I'm also wondering if I will likely loose my job when processing my papers due to an investigation or whatever, like getting detained?

What forms should I file and how long will be the process at each step?

Thanks in advance for any advice.

The over-stayer procrastinator.

[NigeriaorBust 4,087]

First advise is get a good lawyer. There are several complicating factors in your case. That being said. If you go it on your own. Never lie to the government, it may come back to bite you. Do you have any documents that show you entered the country legally. Proving you entered legally is key what path you will follow. Your looking to get an IR1 but you will have to prove you make a certain amount of money. I am sure others will chime in but you have several negatives to overcome

[dorson 0]

First advise is get a good lawyer. There are several complicating factors in your case. That being said. If you go it on your own. Never lie to the government, it may come back to bite you. Do you have any documents that show you entered the country legally. Proving you entered legally is key what path you will follow. Your looking to get an IR1 but you will have to prove you make a certain amount of money. I am sure others will chime in but you have several negatives to overcome

Yes I still have the I94? stabled in my passport. I filed tax return each year I worked.

[JimVaPhuong 4,863]

You have several problems.

You misrepresented yourself to get a Social Security number, and signed the application under penalty of perjury. You represented yourself as an American National in order to get a benefit from the US government (the SSN). You worked illegally in the US. You overstayed your entry pass by over 8 years.

Normally, the overstay could have been forgiven by virtue of your marriage to a US citizen, since you entered legally. The other problems are much more serious.

DO NOT ATTEMPT TO DO THIS WITHOUT AN ATTORNEY! YOU MAY FIND YOURSELF DEPORTED WITH A LIFETIME BAN FROM THE US!

[john_and_marlene 162]

Were you actually born in American Samoa?

[dorson 0]

Were you actually born in American Samoa?

NO

[TracyTN 237]

Then I find Jim's post (post #4) VERY relevant...

[canadian_wife 1,785]

Agreed, conslulte a qualified lawyer before proceeding. Laurel Scott is fantastic, she offers free chats on Wednesdays so you can ask your questions and find out where you stand.

scottimmigration.net

[canadian_wife 1,785]

Agreed, conslulte a qualified lawyer before proceeding. Laurel Scott is fantastic, she offers free chats on Wednesdays so you can ask your questions and find out where you stand.

scottimmigration.net

[sachinky 464]

Unless I'm mistaken, false claim of US citizenship is a lifetime ban with no waiver.

Don't even think about proceeding without a lawyer.

[VanessaTony 3,567]

As stated by Jim, you DESPERATELY need a lawyer, but I will answer your questions anyway... best I can.

My story is that I came on a Visa Waiver (NZ passport) in November 2001 and overstayed. In 2004 I learned that someone(Samoan) got there SSN just by going apply for it at specific Social Security Office.

I went and present my Samoan passport and Samoan birth certificate. They look Samoa up in the system and they asked is this American Samoa? Yes. I got my Social Security Card in mail two weeks later. I found a job and has been working ever since. In 2005 I got married to a US citizen but never did my papers. The state I'm in approved a new law that to renew drivers licenses they will investigate throughly to see if you are legal or not - meaning I have to provide 2 evidence of proof. My DL expires next month.

So now I need to do my papers but not sure of the steps involved/forms to submit - if you didn't have the fraudulently obtained SSN you would use this process: http://www.visajourney.com/content/i130guide2 which actually is pretty easy, if not a little expensive.

....and if we should hire a lawyer due to how I got my Social Security Number - lied/misrepresent? - even though you WOULD have used the above guide, because of the SSN, you desperately need a lawyer to "fight" the lifetime ban issue

I'm married to a US citizen and we have a 3 and 2 years old children. She has to quit her job next month to take of her sick(hospitalized)and ageing parents so I will be the sole provider - will this help my case? - the hardship card? - nope, not at all. Most of the time the "proof of hardship" (that I've read) is also in proving that your spouse (and in your case kids) cannot move to your home country. Now whilst the elderly parents do present a problem, they aren't a hardship because you COULD put them in care... you might not want to but there is that option. Plus NZ is hardly an awful place to live, I don't know enough about Samoa to know

To do my papers we would have to max out our credit cards and sell our car, so wondering if there is a cost effective way of doing this - no need for a lawyer maybe? - absolutely not. You very much need a lawyer. If you left the US now you would have a 10 year ban... but the issue of the SSN is still there... Of course having two passports could make you think you could give up your job and your current SSN, and apply for the GC using your NZ passport and it would be like it never happened.. and you would always hope the system wouldn't match it to your Samoan passport/illegal SSN... but they would match your name and birthdate and birth certificate... so you would constantly live with that fear.. even after obtaining citizenship of being "found out"...

I'm also wondering if I will likely loose my job when processing my papers due to an investigation or whatever, like getting detained? - well.. you are currently working on an ILLEGALLY obtained SSN, it would be best in my opinion to stop work altogether. It shows that you are doing the right thing now that you know better... maybe that will work in your favour. It is likely that deportation proceedings will commence as soon as they "marry" your name with your SSN. Even if the process somehow goes through, you don't tell them you've been working, and you don't declare the SSN, it MIGHT be linked to you at some point and even if it's 10 years from now and you have a US passport they will revoke the passport because you wouldn't have got it had you not lied on your application to GET the greencard (i.e. not telling them you had an SSN) not to mention lying to GET the SSN which are all lifetime bans...

What forms should I file and how long will be the process at each step? - The like I posted is the one you need but I would not even waste my money until I had spoken with a lawyer who will be able to tell you if its even worth trying or if you should start planning your return to NZ (or Samoa)

I'm sorry I couldn't give you better news but you truly are in a difficult position where I feel the ONLY way forward is to try and correct things by telling the truth, and to do so and stand even the SMALLEST chance of success you will need an exceptionally good lawyer. Laurel Scott as suggested is a popular one (and i assume expensive as well).

Good luck!

Edited May 4, 2010 by Vanessa&Tony

[Darnell 8,478]

I went and present my Samoan passport and Samoan birth certificate

These were fraudulent documents, right?

[VanessaTony 3,567]

I went and present my Samoan passport and Samoan birth certificate

These were fraudulent documents, right?

I believe the OP is a Samoan/New Zealander. So no, I believe these are actual documents. The issue is SAMOA is different to AMERICAN Samoa ( http://en.wikipedia.org/wiki/Samoa ) and the OP presented himself as a citizen of American Samoa which is part of the US, rather than "Samoa" which is not. He basically relied on the idiocy of the SSA to not realise what they were looking at when looking at his documents.

Which raises the question, is it REALLY the OP's fault? Or did the SSA office "confuse" him by giving him an SSN which until now he may have thought was legit?

[LIFE'SJOURNEY 970]

I believe the OP is a Samoan/New Zealander. So no, I believe these are actual documents. The issue is SAMOA is different to AMERICAN Samoa ( http://en.wikipedia.org/wiki/Samoa ) and the OP presented himself as a citizen of American Samoa which is part of the US, rather than "Samoa" which is not. He basically relied on the idiocy of the SSA to not realise what they were looking at when looking at his documents.

Which raises the question, is it REALLY the OP's fault? Or did the SSA office "confuse" him by giving him an SSN which until now he may have thought was legit?

Don't blame the receiver for the false message he gave. Your question wouldn't stand a chance in the courts.

[john_and_marlene 162]

NO

Then I have no advice to give. You won't get permanent residence--ever. Despite the suggestions from others to get a lawyer, it will not help. You have committed a crime that has a consequence that no lawyer can minimize for you. Even if immigration reform is passed, your situation will not find relief. I suggest you start looking at a life in NZ.