About to file for AOS, question regarding illegal employment?

[Mccgill 0]

Hello. My hubby (intending immigrant from visa waiver program) and I (usc) are near close to filing for AOS. We have another question, regarding illegal employment this time. So currently I am unemployed and a full time undergraduate student, and my hubby works full time at a local restaurant... illegally. We were reading up online and understood that illegal employment and overstay are basically forgiven if the immigrant applies for AOS under marriage to a USC. So we thought yay! We can apply for a SSN and a greencard even if we were under those conditions. But we did not realize that there was a difference in types of illegal employment. My hubby is using my sister's name, DOB, and SSN to work, with approval from my sister and our employer (using a fake ssn for employment purposes is very common here in SoCal). Apparently this kind of illegal employment isn't tolerated unlike lets say getting paid with cash under the table? Is this correct? Would it be wise for us to apply for AOS under our conditions or could we face charges? We plan on using hubby's employment to meet 125% of the poverty guideline for the i864 and getting a letter from our employer saying they will continue to employee my hubby. Will we get in trouble or is this going to be forgiven since we are applying for AOS under marriage to a USC? Thanks

[aussie_jason 195]

I think any advice that any of us could provide wouldn't be legal and hence it won't be provided, all I can say is that you can't use his employment on the I-864 and will require a joint sponsor.

[Mccgill 0]

I think any advice that any of us could provide wouldn't be legal and hence it won't be provided, all I can say is that you can't use his employment on the I-864 and will require a joint sponsor.

Okay well we found out today that our employer refuses to put his real name on the proof of employment letter since we're using my sister's and they don't wanna get in trouble with the tax collectors. So we're gonna go through the joint sponsor route which is no issue for us.

[f&c 50]

Hello. My hubby (intending immigrant from visa waiver program) and I (usc) are near close to filing for AOS. We have another question, regarding illegal employment this time. So currently I am unemployed and a full time undergraduate student, and my hubby works full time at a local restaurant... illegally. We were reading up online and understood that illegal employment and overstay are basically forgiven if the immigrant applies for AOS under marriage to a USC. So we thought yay! We can apply for a SSN and a greencard even if we were under those conditions. But we did not realize that there was a difference in types of illegal employment. My hubby is using my sister's name, DOB, and SSN to work, with approval from my sister and our employer (using a fake ssn for employment purposes is very common here in SoCal). Apparently this kind of illegal employment isn't tolerated unlike lets say getting paid with cash under the table? Is this correct? Would it be wise for us to apply for AOS under our conditions or could we face charges? We plan on using hubby's employment to meet 125% of the poverty guideline for the i864 and getting a letter from our employer saying they will continue to employee my hubby. Will we get in trouble or is this going to be forgiven since we are applying for AOS under marriage to a USC? Thanks

You may want to consider consulting with an attorney about your case.

[Merrytooth 5,748]

I hope you all, including the employer get arrested for fraud, identity theft.

[kalbitang 6]

wow... amazing.. you using peoples SSN and name for job ? I dont believe it...... people can do anything these days

anyways good luck on your application

P.S.. if I were you I would seek an attorney looks like you will need one.

Edited March 5, 2014 by kalbitang

[MacUK 983]

Isn't misrepresentation by claiming to be a USC to get employment a lifetime ban?

I think you might need a bit more help than what can be given by anonymous strangers on the internet.

[Mccgill 0]

To be honest we weren't even aware this was such a bad thing to do. Like I mentioned before it is an EXTREMELY common thing to happen here in the Los Angeles area, especially if it's a minimum wage kind of job like working in customer service, retail, restaurants, and hospitality. It's not held up to a huge stigma as it may be in other parts of the U.S. I've heard so many different stories from my friends and coworkers who go through this same situation and use either a fake ssn, made up ssn, or a relative's ssn (with the corresponding name and dob) to get a job and many many employers are aware, and some even help their employees obtain a fake ssn. There was an incident when one of my coworkers in a corporate restaurant revealed by accident to a CORPORATE manager, not the restaurant manager, that he was using his relative's ssn to be employeed there, and the corporate manager just looked the other way. It shocked me when I discovered recently that a lot of people outside the LA area (or maybe just people on the internet) find this to be a criminal act. And I understand that by federal law it is, but it's so frivolously broken here without a care that this came as a culture shock to us. Because we, or at least I, don't see these people as criminals when they use a fake ssn for jobs... they're people like you and me who work to make an honest and ethical living (like not as pimps or prostitutes), who have families and children to care for, who are friendly and kind during the good times and show flaws during the bad times, who contribute to the community, befriend neighbors, and strive for a better future.

Anyway, moving past my rant, we will seek an immigration attorney regarding our situation and hopefully everything will work out for the best. Thank you everyone for your input, I will try to keep it updated here

[QueenComley 295]

I cant imagine this will lead to anything other than deportation and a life long ban from the US surely? Its Fraud and I would imagine Immigration would deem this as massively serious. Am I wrong here guys??? Im not an Immigration Attorney, so I don't know the true legal implications here. I would strongly recommend you hire one though.

[aussie_jason 195]

It happens a lot all across the country, the difference being that most of them don't ever try to become legal here so it doesn't come under the scrutiny of USCIS.

[RhettVoe 282]

You saw nothing wrong with your spouse using someone else's SSN and working without permission?

[jerni 24]

Did your husband complete an I-9 when he started working there?

As other have mentioned I would go see an immigration attorney before you have any contact or file any forms with USCIS.

Edited March 6, 2014 by jerni