Used false SSN for work but ITIN to file taxes (split topic)

[Elguero5 4]

I never thought about any of this until reading this thread.  I used a fake social security number for employment but used my ITIN when filing my taxes.  I have not used the fake social security number for anything other than to get a job. My spouse and I filed our taxes jointly so both of our W2's (and both social security numbers) will be included with our taxes when we submit the affidavit of support.  My lawyer either did not think that this was an issue or was oblivious to the potential problem.  We just turned in the taxes to our lawyer last week so I guess I'll be e-mailing him tomorrow to ask about this before anything is actually submitted.  Any further thoughts about this?  I know from reading the previous responses that there seems to be a big disagreement if this is considered a CIMT or not.  Thanks for your help.   

 

Edited February 16, 2017 by Elguero5

[Unicornbubbles 0]

Elguero5, I know, right? I'm thinking of everything that can go wrong before we actually file because it's a LOT of money for us!

 

People who have had waivers approved have obviously worked in the States without a real SSN and MOST need one to work. So I like to think the USCIS turns a blind eye to this because how else would people have their waivers approved after living in the country for so long. 

 

I've got my fingers crossed either way. I hope you can shed some light on this when you speak with your lawyer, too.

[Pennycat 880]

14 hours ago, Elguero5 said:

I never thought about any of this until reading this thread.  I used a fake social security number for employment but used my ITIN when filing my taxes.  I have not used the fake social security number for anything other than to get a job. My spouse and I filed our taxes jointly so both of our W2's (and both social security numbers) will be included with our taxes when we submit the affidavit of support.  My lawyer either did not think that this was an issue or was oblivious to the potential problem.  We just turned in the taxes to our lawyer last week so I guess I'll be e-mailing him tomorrow to ask about this before anything is actually submitted.  Any further thoughts about this?  I know from reading the previous responses that there seems to be a big disagreement if this is considered a CIMT or not.  Thanks for your help.   

 

 

12 hours ago, Unicornbubbles said:

Elguero5, I know, right? I'm thinking of everything that can go wrong before we actually file because it's a LOT of money for us!

 

People who have had waivers approved have obviously worked in the States without a real SSN and MOST need one to work. So I like to think the USCIS turns a blind eye to this because how else would people have their waivers approved after living in the country for so long. 

 

I've got my fingers crossed either way. I hope you can shed some light on this when you speak with your lawyer, too.

 

 

Hey, I asked a question on this thread about an issue some people I know are having but it got split off. I do not want to make anyone worry, so I'm going to start right off saying that it's entirely possible that there is some critical detail that makes their case different than yours that I don't know about.

 

That said, I know a couple in which the foreign national was here having overstayed and was working with a fake SSN. They saw two lawyers before submitting AOS, neither of them prepared them for what happened at the interview (which was shortly after the inauguration). What happened was that the IO saw the list of placed worked in the past 5 years, asked the whens, whys and hows, then asked about papers, and the whens and hows they were gotten. They were totally honest. They were thanked for being honest because the IO says they already knew, but that the fake papers meant that they were inadmissible and now they're going through the 601 waiver of inadmissibility process. These people are  under the impression, from the IO, that had the interview happened a few weeks earlier, things may have been different. I came here asking if this was true or if my friends misunderstood the IO (because I'd always been under the impression that fake papers meant inadmissibility), and there is no real consensus to that but most people here seem to think that this would have happened under any president, and they should have been prepared for this. 

 

Now, again, I very well could be missing some details in there. I don't think so, but who knows. Also, for all we know, this was always a possibility that doesn't usually happen and these folks just got unlucky. Or maybe things HAVE changed so soon. 

 

This is all to say, definitely check with your lawyer. The end of the day is that regardless of what may or may not happen in the interview, your only real shot at normalizing your status is to go through AOS and be completely honest about your history. 

[Elguero5 4]

i sent an e-mail to my lawyer last night and pointed out (in case he had missed it) that the W-2 I had submitted did not have a valid social security number.  I explained that I knew using fraudulent documents and/or information can cause serious problems and wanted to make sure that there would not be any issue.  He called me back today and said that there should not be any problems because of the social security number that was used.  No matter how much we prepare for the interview and ensure all of our documents are in order I am worried that at the last minute something will come up or at the consular interview the officer will find some tiny error and deny the visa.  I just have to hope that with my research and the lawyer's knowledge we will be prepared for anything that may come up and when the time for the interview arrives everything will go smoothly and the visa will be approved.  

 

[Pennycat 880]

2 minutes ago, Elguero5 said:

i sent an e-mail to my lawyer last night and pointed out (in case he had missed it) that the W-2 I had submitted did not have a valid social security number.  I explained that I knew using fraudulent documents and/or information can cause serious problems and wanted to make sure that there would not be any issue.  He called me back today and said that there should not be any problems because of the social security number that was used.  No matter how much we prepare for the interview and ensure all of our documents are in order I am worried that at the last minute something will come up or at the consular interview the officer will find some tiny error and deny the visa.  I just have to hope that with my research and the lawyer's knowledge we will be prepared for anything that may come up and when the time for the interview arrives everything will go smoothly and the visa will be approved.  

 

Ah ok, one thing I didn't notice (apologies-- I was on mobile) is that you're applying for a visa, not adjustment of status. That right there could make a difference as you're dealing with the State Department at the interview and not USCIS. Also, perhaps in the case I outlined, it was a "real" SSN (like an active one belonging to someone else-- this I don't know and I don't know if the applicant knew either) and not an "empty" one, as it sounds like yours was. I only shared what I did because first and foremost, the folks I'm talking did expect to be asked about it but were not prepared that it could or would result in admissibility and I was encouraging you to check with your lawyer just in case. Best to be prepared, you know? But always defer to your lawyer. Also, I am still very curious about how this works, both now and previously. 

[Elguero5 4]

  

3 hours ago, CatherineA said:

Ah ok, one thing I didn't notice (apologies-- I was on mobile) is that you're applying for a visa, not adjustment of status. That right there could make a difference as you're dealing with the State Department at the interview and not USCIS. Also, perhaps in the case I outlined, it was a "real" SSN (like an active one belonging to someone else-- this I don't know and I don't know if the applicant knew either) and not an "empty" one, as it sounds like yours was. I only shared what I did because first and foremost, the folks I'm talking did expect to be asked about it but were not prepared that it could or would result in admissibility and I was encouraging you to check with your lawyer just in case. Best to be prepared, you know? But always defer to your lawyer. Also, I am still very curious about how this works, both now and previously. 

Yes, it is always better to be prepared.  Even though getting an immigration lawyer can be costly I think it is definitely worth it.  You want to make sure that everything is done correctly - especially for something so important.  I am glad I checked with my lawyer because the SSN issue is now one less thing I have to worry about.  Thanks so much!

[Ryan H 3,812]

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