Adjustment of status, still an option?

[Phenom 0]

Hello everyone, my wife (USC) and I (intending immigrant) got some good news in today's mail. Her I-130 has been approved and I am now able to submit form I-485 for adjustment of status. However, we see a couple of issues that may cause some hiccups along the process. First, some history:

Entry:

I am 31 years old and have been in the US since November of 1990 (22 years), I have never left the country in that time.

My family entered the country on visitor visas, through a port of entry, with inspection.

Any I-94s or like documents have been lost or misplaced since our time of entry.

School/Work:

I graduated from a US high school.

I've worked in the US, illegally, and have used a fake SSN.

Marriage/Family:

We were married in Sept 2010 and have lived together since.

Our daughter was born in July 2011.

I-485 Filing:

We filed for adjustment of status concurrently with this I-130 application. USCIS sent us a RFE asking for affidavit of support (I-864). We sent the I-864 plus an additional I-864 from a joint sponsor. My wife is a stay at home mom and has no income at this time. USCIS responded with a second RFE for our joint sponsor, asking for his 2011 tax return, which was not available because he had filed an extension with IRS, therefore, the I-485 application was denied citing lack of evidence (the joint sponsor's tax return) and the money we paid for filing fees is gone.

Now that the I-130 is approved, our joint sponsor has said that his tax return is finally completed, filed, and available if we need it again. My concern is that since I-485 takes a few months to be processed, putting us past Jan 1, 2013, that USCIS will require our joint sponsor's 2012 tax return and he will not have that available until later in 2013. So my question is: is it wise for us to file again, using the same joint sponsor? Technically, his 2012 taxes aren't due to be filed until April 2013, so would it be wise for us to proceed at this point?

[GlobeHopperMama 95]

When the I-485 was denied, did the denial mention anything about the lack of proof of lawful inspection? Normally this is a pretty big part of the I-485 approval. What did you submit to prove lawful inspection? I only mention this because it would be a shame to go through all the expense of re-filing, getting financials together again, and everything else only to be denied again for not having the inspection evidence. I've known a few people who lost their inspection evidence, and in the long run actually had to go through consular processing and the waiver process because they could not prove that they entered legally. Make sure this is not an issue in your case before you invest more time and money in the I-485 part of the process.

[NigeriaorBust 4,087]

At any time did you claim to be a USC to get a job or into school ?

[Phenom 0]

When the I-485 was denied, did the denial mention anything about the lack of proof of lawful inspection? Normally this is a pretty big part of the I-485 approval. What did you submit to prove lawful inspection? I only mention this because it would be a shame to go through all the expense of re-filing, getting financials together again, and everything else only to be denied again for not having the inspection evidence. I've known a few people who lost their inspection evidence, and in the long run actually had to go through consular processing and the waiver process because they could not prove that they entered legally. Make sure this is not an issue in your case before you invest more time and money in the I-485 part of the process.

Oh, I forgot to mention that I still have my passport that was used at the port of entry. It shows a stamp dated Nov 1990 and the nonimmigrant visa.

At any time did you claim to be a USC to get a job or into school ?

I can't say for sure. It's been a while.. It is possible, though.

[Penguin_ie 5,984]

**** Moving from K1 fiance visa to AOS from Tourist visa forum ****

[ceadsearc 515]

Well, if you claimed to be a USC that is a huge problem and you'll never be able to get a green card if USCIS finds out.

Assuming that isn't the case, though - you don't need the 2012 return unless you either file or are interviewed past April 2013.

[epsonderby 85]

Won't the fake SSN be a problem?

[NigeriaorBust 4,087]

If that SSN belonged to a USC yes, as that qualifies as claim to USC and bans the person for life.

[Boiler 43,392]

I does not, there seems nothing the OP has mentioned that would prevent him adjusting.

[Andrea&Henry 311]

Buddy you have more concerns than the taxes. If your interview is BEFORE april 2013, 2012 return taxes are totally fine. But I would be more concern that you have been illegal for years, you have a fake SSN, and you don't remember if you claim to be an US citizen. If I were you I would talk to an immigration lawyer, just in case. Maybe you will have a nice and smooth process with the AoS, but with that background is really hard to think that USCIS would let you walk out away from it,easily.

Don't get me wrong, I'm not judging you at all, but the fact is that you have a lot of in your plate right now and maybe having a good immigration lawyer by your side may helps you in case that things get harder.

The best of lucks pal! :thumbs:

[Sandra G. 5,009]

Regarding being illegal for years and using a fake SSN won't be a problem to adjust your status at all.

Edited October 29, 2012 by sandranj

[NigeriaorBust 4,087]

Sn illegal ( entered without inspection) can usually never adjust status. Overstayers of visas can usually adjust if they are married to a USC. Illegal work is generally also forgiven if the spouse is a USC.

[Boiler 43,392]

Plenty have trod that path.

[Mrs.A2010 4]

Well, if you claimed to be a USC that is a huge problem and you'll never be able to get a green card if USCIS finds out.

Assuming that isn't the case, though - you don't need the 2012 return unless you either file or are interviewed past April 2013.

Agreed. Our lawyer told my brother in law if he ever once stated he was a USC or even just checked the USC box on any form that she had to stop the meeting right then & there and she would not be able to continue speaking to him or be able to take his case.

Good luck.

[JimVaPhuong 4,863]

Boiler is correct about being out of status and working illegally. Both are non-issues for someone who is adjusting as an immediate relative of a US citizen. They are simply not relevant according to the law.

The Social Security number may or may not be a problem. The Social Security Administration considers use of a false Social Security number to be fraud, but it's up to individual states to prosecute. Some states consider it a misdemeanor if the Social Security number was never issued to anyone else, and felony identity theft if it was. Other states require you to go a little further before they'll prosecute you for identity theft. For example, the Colorado Supreme Court recently overturned the conviction of an illegal alien because they determined that although the number he used was actually issued to someone else, the defendant used his real name in connection with the use of the Social Security number to obtain a loan, and never actually tried to assume the identity of the person to whom the number was actually issued.

It's hard to say how USCIS would view this. On the one hand, there have been many people on VJ who have admitted to using a fake number, and they were successful in adjusting status. On the other hand, there have been dozens of ICE raids conducted at places of work, and people arrested for identity theft when it was determined that they had used a fake Social Security number to get the job. Curiously, ICE and USCIS are both part of the Department of Homeland Security. Perhaps USCIS will overlook it if there hasn't been a conviction. Dunno.

Whether or not you ever claimed to be a US citizen is a huge issue. INA 212(a)(6)(C)(ii)(I):

Any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A ) or any other Federal or State law is inadmissible.

Just to be clear, "inadmissible" means you cannot be admitted to the United States, you cannot be granted any immigration benefit, and you can be deported if caught. The inadmissibility never expires, and no waiver is available. The only exception is if both of your parents are or were US citizens at the time you made the claim, you've lived permanently in the US since before you were 16 years old, and you honestly believed that you were also a US citizen when you made the claim.

The exact text of the law is important here. Telling the guy at the 7-11 that you're a US citizen would not constitute a violation of this section of the law. Giving a potential employer an I-9 form where you claimed to be a US citizen would be a violation of this section of the law because you would be claiming a benefit (the right to work) under the law. Same thing if you signed a voter registration card, or even signed a driver's license application with "motor voter" box checked. If there is any evidence that you ever claimed to be a US citizen in order to obtain any benefit under the law, and if USCIS finds that evidence, then you'll probably be taken into custody at your AOS interview, and held for deportation. You should probably think very carefully about every document you ever signed.