Working illegally while in process....

[mj82 0]

Hi all, I am in the process of a change of status with my wife who had overstayed her visa. She has been working with a SSN that is not hers and the lawyer said she can continue working and that shouldn't effect the process. I recently saw a story where people got rounded up doing this and now I am concerned that if she stays working while we wait for the permit it could be an issue.

Does anyone have exp with working before they get the permit and using a wrong SSN? What are the consequences?

[rebeccajo 14]

Your lawyer probably told you she could continue working under the premise that her illegal work will likely be 'forgiven' because she is adjusting her status by virtue of her marriage to you, a US citizen.

I doubt your lawyer told her it was OK to work with a stolen Social Security number.

I think you know the answer to your question.

[Joe_&_Nadiya 1]

Hi all, I am in the process of a change of status with my wife who had overstayed her visa. She has been working with a SSN that is not hers and the lawyer said she can continue working and that shouldn't effect the process. I recently saw a story where people got rounded up doing this and now I am concerned that if she stays working while we wait for the permit it could be an issue.

Does anyone have exp with working before they get the permit and using a wrong SSN? What are the consequences?

Sounds like your lawyer is giving you unlawfull advice....perhaps is time to look for a new one. Yes, there can be consequences since she has been violating federal laws, and also the fact that identity theft is a crime.

Edited October 28, 2009 by Joe & Nadya

[Chica Yeyé 41]

Whoa. What kind of lawyer is that? Your wife should stop working immediately. What she is doing is likely a felony; or at least a misdemeanor (working with a stolen SSN). Oh my oh my...

[Usui Takumi 1,562]

I suppose if you have it writing and something does happen (because it could...even if the chances are slim) you could sue the bejezus out of your lawyer. Still I'd get a second opinion.

[belinda63 3,038]

Yea sue his attorney while his wife is in jail awaiting deportation.

Using another person's social security number is a misdameanor. The Feds have recently starting prosecuting it as felony identification theft.

I wouldn't take the chance.

[Chica Yeyé 41]

Yea sue his attorney while his wife is in jail awaiting deportation.

Using another person's social security number is a misdameanor. The Feds have recently starting prosecuting it as felony identification theft.

I wouldn't take the chance.

There you go - thanks for the info.

[Joe_&_Nadiya 1]

When filling for AOS, she'll also have to fill out the G-325A form with her employment history. In other words, no matter if she gets caught with a false SSN during a raid in her place of employment, she'll still have to put her employment history on the form and sign...remember that lying on the form has also severe consequences...

From G-325A form right before the signature line:

Penalties: Severe penalties are provided by law for knowingly and willfully falsifying or concealing a material fact.

Good luck.

Edited October 28, 2009 by Joe & Nadya

[Darnell 8,478]

A lawyer said that? WOW.

I suggest you have your wife stop working immediately, and wait for the paperwork to finish up.

For today, ditch the lawyer. He's putting your wife at risk.

Then, report him to the local Bar Association for giving advice on how to circumvent the law.

Edited October 28, 2009 by Darnell

[Usui Takumi 1,562]

As RJ mentioned I rather doubt he actually gave that advice. More likely he said that the chances were small that it would cause a problem.

[Joe_&_Nadiya 1]

For today, ditch the lawyer. He's putting your wife at risk.

I disagree that the lawyer is putting her at risk. She put herself in this situation by the simple fact that she was knowingly breaking the law by using someone else's SSN. The lawyer however is at fault for giving wrong and unlawful advice and for that yes, I agree you need to report him to the Bar association.

[visacheck 3]

Maybe the lawyer said that because he thinks since the OP's wife is using a different name at work, she will not have problems adjusting AOS because she will use her real name in her AOS application.

[Joe_&_Nadiya 1]

Maybe the lawyer said that because he thinks since the OP's wife is using a different name at work, she will not have problems adjusting AOS because she will use her real name in her AOS application.

She'll still be lying on her G325-A if she doesn't enter that information, wouldn't she?

P.s.: Penalties according to USDOJ

— Using false documents to be employed: A maximum penalty of 10 years without parole in federal prison and a fine up to $250,000.

— Making a false statement on an I-9: A maximum penalty of 5 years in federal prison without parole and a fine up to $250,000.

— Misusing a Social Security number: A maximum penalty of 5 years in federal prison without parole and a fine up to $250,000.

— Making a false claim of resident alien status: A maximum penalty of 5 years in federal prison without parole and a fine up to $250,000.

— Using false documents with intent to defraud the United States: A maximum penalty of 15 years in federal prison without parole and a fine up to $250,000.

— Possession of false United States documents: A maximum penalty of 15 years in federal prison without parole and a fine up to $250,000.

— Aggravated identity theft: A mandatory penalty of 2 years in federal prison to run consecutively to any other sentence, and a fine up to $250,000.

Edited October 28, 2009 by Joe & Nadya

[Brother Hesekiel 2,236]

A client must be able to trust that her attorney is on her side, that all she revealed to him is confidential, not being reported to anyone in any way.

An attorney must be able to give his client confidential advise, without having to fear being reported to anyone in any way.

I seriously doubt that the OP's wife's attorney said to her that it's okay to continued working on another person's SSN. But even if he did, that's fairly impossible to proof and even the thought of making a bar review case out of it is not only a waste of time but will prevent other attorneys to hang themselves out of the window in order to help their clients.

If one is unhappy with their attorney, finding another one is the best solution.

[Minya's wife 25]

Does anyone have exp with working before they get the permit and using a wrong SSN? What are the consequences?

Regardless of whether anyone has experience with your issue....there are two no-no's your wife is doing and you're asking what the consequences are. 1. she is working without authorization, and 2 she is committing identity fraud by using an SS# that is not hers. What do you think the consequences are?

she should stop working immediately, and forget she ever had an SS# that was not issued to her specifically. Oh, and if your lawyer specifically gave you advice that doing this is OK, its time to fire him/her. Its never a good thing for a 'representative' of the law to advocate breaking it.