Ay yai yai - Trying not to lie (Husband's work history after visa expired)

[newspud 0]

Hi All,

In discussing our paperwork tonight, my husband just dropped a bomb on me.

For a little background, he came here about 12 years ago on a visitor's visa. When the visa expired he stayed here. He attended high school. He took odd jobs here and there under the table. I knew all that. But what I didn't know was that he was hired by a company about 8 years ago that used a fake social security number for him. This went on for 6 years.

About 2 years ago the company got audited. At that time, they decided to accept his tax payer number (his mother got this number for him years ago because she filed him as a dependent on her taxes). Prior to the audit, the company would not accept his tax payer number (thus the reason why they used a fake social).

I'm at a loss. Does this mean that he'll be deported? Does this mean that he'll have to pay a fine? Go to jail? I don't know. I know everyone says not to lie on an application, but should you really just come out and say "I used a fake social security number?"

Is it time to call a lawyer? (We haven't been using one up to this point.)

Anyone with a similar experience, or who knows of someone with a similar experience (and what the outcome was), please let me know. Any help would be GREATLY appreciated.

THANKS!

[Old Dominion 26]

Hi All,

In discussing our paperwork tonight, my husband just dropped a bomb on me.

For a little background, he came here about 12 years ago on a visitor's visa. When the visa expired he stayed here. He attended high school. He took odd jobs here and there under the table. I knew all that. But what I didn't know was that he was hired by a company about 8 years ago that used a fake social security number for him. This went on for 6 years.

About 2 years ago the company got audited. At that time, they decided to accept his tax payer number (his mother got this number for him years ago because she filed him as a dependent on her taxes). Prior to the audit, the company would not accept his tax payer number (thus the reason why they used a fake social).

I'm at a loss. Does this mean that he'll be deported? Does this mean that he'll have to pay a fine? Go to jail? I don't know. I know everyone says not to lie on an application, but should you really just come out and say "I used a fake social security number?"

Is it time to call a lawyer? (We haven't been using one up to this point.)

Anyone with a similar experience, or who knows of someone with a similar experience (and what the outcome was), please let me know. Any help would be GREATLY appreciated.

THANKS!

Any penalty would be against his employer. Now, what are you doing to make sure he is legally in the U.S.?? Once he gets an EAD, he can qualify for his own SSN. Filing for the EAD and AOS as soon as possible will help protect him from any thought of deportation.

[Johnnie J 0]

The usage of a fake ssn is a federal offense, so I would ask a lawyer before doing anything.

[newspud 0]

Hi All,

In discussing our paperwork tonight, my husband just dropped a bomb on me.

For a little background, he came here about 12 years ago on a visitor's visa. When the visa expired he stayed here. He attended high school. He took odd jobs here and there under the table. I knew all that. But what I didn't know was that he was hired by a company about 8 years ago that used a fake social security number for him. This went on for 6 years.

About 2 years ago the company got audited. At that time, they decided to accept his tax payer number (his mother got this number for him years ago because she filed him as a dependent on her taxes). Prior to the audit, the company would not accept his tax payer number (thus the reason why they used a fake social).

I'm at a loss. Does this mean that he'll be deported? Does this mean that he'll have to pay a fine? Go to jail? I don't know. I know everyone says not to lie on an application, but should you really just come out and say "I used a fake social security number?"

Is it time to call a lawyer? (We haven't been using one up to this point.)

Anyone with a similar experience, or who knows of someone with a similar experience (and what the outcome was), please let me know. Any help would be GREATLY appreciated.

THANKS!

Any penalty would be against his employer. Now, what are you doing to make sure he is legally in the U.S.?? Once he gets an EAD, he can qualify for his own SSN. Filing for the EAD and AOS as soon as possible will help protect him from any thought of deportation.

Thanks for the replies. We are filing EAD/AOS paperwork. My concern is that if he doesn't say anything about it, and only reports the 2 years that he paid taxes, I'm sure (with the fact that his company has been audited) that his length of employment could easily be found with some sort of employer/background check... ? I do think it's time for a lawyer. Sigh!

[ManuFred 10]

Hi All,

In discussing our paperwork tonight, my husband just dropped a bomb on me.

For a little background, he came here about 12 years ago on a visitor's visa. When the visa expired he stayed here. He attended high school. He took odd jobs here and there under the table. I knew all that. But what I didn't know was that he was hired by a company about 8 years ago that used a fake social security number for him. This went on for 6 years.

About 2 years ago the company got audited. At that time, they decided to accept his tax payer number (his mother got this number for him years ago because she filed him as a dependent on her taxes). Prior to the audit, the company would not accept his tax payer number (thus the reason why they used a fake social).

I'm at a loss. Does this mean that he'll be deported? Does this mean that he'll have to pay a fine? Go to jail? I don't know. I know everyone says not to lie on an application, but should you really just come out and say "I used a fake social security number?"

Is it time to call a lawyer? (We haven't been using one up to this point.)

Anyone with a similar experience, or who knows of someone with a similar experience (and what the outcome was), please let me know. Any help would be GREATLY appreciated.

THANKS!

Any penalty would be against his employer. Now, what are you doing to make sure he is legally in the U.S.?? Once he gets an EAD, he can qualify for his own SSN. Filing for the EAD and AOS as soon as possible will help protect him from any thought of deportation.

Thanks for the replies. We are filing EAD/AOS paperwork. My concern is that if he doesn't say anything about it, and only reports the 2 years that he paid taxes, I'm sure (with the fact that his company has been audited) that his length of employment could easily be found with some sort of employer/background check... ? I do think it's time for a lawyer. Sigh!

Yes it is time for a lawyer. Your biggest problem is not even the fake SSN he has been using but actually he being in US while being out of status. I mean, this is a big problem but worse is even the ten year bar that he might face since he was out of status for so long.

[Heliosphan 1]

Hi All,

In discussing our paperwork tonight, my husband just dropped a bomb on me.

For a little background, he came here about 12 years ago on a visitor's visa. When the visa expired he stayed here. He attended high school. He took odd jobs here and there under the table. I knew all that. But what I didn't know was that he was hired by a company about 8 years ago that used a fake social security number for him. This went on for 6 years.

About 2 years ago the company got audited. At that time, they decided to accept his tax payer number (his mother got this number for him years ago because she filed him as a dependent on her taxes). Prior to the audit, the company would not accept his tax payer number (thus the reason why they used a fake social).

I'm at a loss. Does this mean that he'll be deported? Does this mean that he'll have to pay a fine? Go to jail? I don't know. I know everyone says not to lie on an application, but should you really just come out and say "I used a fake social security number?"

Is it time to call a lawyer? (We haven't been using one up to this point.)

Anyone with a similar experience, or who knows of someone with a similar experience (and what the outcome was), please let me know. Any help would be GREATLY appreciated.

THANKS!

Any penalty would be against his employer. Now, what are you doing to make sure he is legally in the U.S.?? Once he gets an EAD, he can qualify for his own SSN. Filing for the EAD and AOS as soon as possible will help protect him from any thought of deportation.

Thanks for the replies. We are filing EAD/AOS paperwork. My concern is that if he doesn't say anything about it, and only reports the 2 years that he paid taxes, I'm sure (with the fact that his company has been audited) that his length of employment could easily be found with some sort of employer/background check... ? I do think it's time for a lawyer. Sigh!

Yes it is time for a lawyer. Your biggest problem is not even the fake SSN he has been using but actually he being in US while being out of status. I mean, this is a big problem but worse is even the ten year bar that he might face since he was out of status for so long.

An overstay is forgiven. So is working while in the US. Using a SSN (which might be identity theft in itself - how'd they get the number?) is a different story. It's best to get a lawyer's perspective.

[newspud 0]

<<Thanks for the replies. We are filing EAD/AOS paperwork. My concern is that if he doesn't say anything about it, and only reports the 2 years that he paid taxes, I'm sure (with the fact that his company has been audited) that his length of employment could easily be found with some sort of employer/background check... ? I do think it's time for a lawyer. Sigh!

---

Yes it is time for a lawyer. Your biggest problem is not even the fake SSN he has been using but actually he being in US while being out of status. I mean, this is a big problem but worse is even the ten year bar that he might face since he was out of status for so long.

---

An overstay is forgiven. So is working while in the US. Using a SSN (which might be identity theft in itself - how'd they get the number?) is a different story. It's best to get a lawyer's perspective.>>

When he told a manager at the company that he didn't have one (SSN), the manager pushed the paperwork at him and said "just write down some numbers". So, he didn't steal one - he made one up. I don't how the company got away with it (they did this for many, many of their employees) - especially since they got audited (without, it seems, getting into any trouble).

I will update when we've consulted with a lawyer so everyone knows what advice we were given.

Thanks for the replies!

Edited November 6, 2008 by newspud

[spookyturtle 9,465]

Did he ever fill out an I-9 for the employer? If he did, did he claim to be a US citizen? If he claimed to be a citizen, it could be a problem. If he claimed to be an alien authorized to work, probably not an issue. No I-9 and made up ss#, probably not an issue.

[Beautiful_years 0]

My advice is ....speak to a lawyer...

[Beantownbabe 1]

Speak to a lawyer, but the best advice I can give is this; when you are done speaking to him/her, come back here and ask again for advice!!! I'm serious too - there are some VERY knowledgable (sp?) people here and there have been many a poor soul had bad advice from immigration lawyers. I don't think the overstay is the big issue and thankfully, the SSN was not one that belonged to someone else. Has he been using it over the past three years? Anyway, speak to the Lawyer and be sure to update us! Good luck!

[Chica Yeyé 41]

Wow. Talk to an experienced attorney. Pronto.

[himher 634]

This is not as big a problem as you think. I have a friend, no it is not me we did K3 - he was working in Arlington, Tx and his employer was doing the same thing with some of their laborers. Short story is - he married one of the girls there who, a few years ago, had crossed the border on a pass, kept going, come to the Houston area, and went to work. She used a fake SS# for years. (Here's how your husband's company passed the audit - they deduct SS from the checks, don't paid a dime to the SSA for the work that is done, and keep it for themselves. Go to SSA.gov and order the SS payment history and see for yourself)

Anyway here's what my friend had to file to legalize his wife:

I130

I485

I485 Supplement A

I765

Basically it's the same things you would file for AOS with an extra Supplement A and $1000 penalty

They DID use an immigration attorney - that was a good recommendation. Just know that you are not in a hopeless situation this is actually not uncommon.

Best of luck

[newspud 0]

Thanks to everyone for their info.

Spookyturtle: No, he never filed an I-9. It's downright amazing that an employer can get away with that and still be in business fter all these years.

It's heartening to know that others have (or know of people who have) been through similar situations and some have come out ok. We knew that there might be a penalty to pay (not sure if 1,000 dollars is the max), especially since he has overstayed his visa by so many years.

Thanks for all the insight!

[Eric-Pris 1,606]

Speak to a lawyer, but the best advice I can give is this; when you are done speaking to him/her, come back here and ask again for advice!!! I'm serious too - there are some VERY knowledgable (sp?) people here and there have been many a poor soul had bad advice from immigration lawyers. I don't think the overstay is the big issue and thankfully, the SSN was not one that belonged to someone else. Has he been using it over the past three years? Anyway, speak to the Lawyer and be sure to update us! Good luck!

Excellent advice about talking to a couple different lawyers, then coming back and letting people here know what the lawyers advised.

Don't just go and do whatever the lawyers say without another opinion. If you are not convinced, read this thread. This guy followed his lawyer's advise and look where it got him.

http://www.visajourney.com/forums/index.php?showtopic=153502

[kgas 0]

As a lawyer who often advocates that people NOT see lawyers for simple cases, let me tell you... YOU NEED A LAWYER. Good luck.