I-9 and false claim of USC

[Viktorian 0]

Hello everyone.

Little background info: I'm overstayed for 2 years, have been married to USC for a year and we are getting ready for AOS.

Now the problem. While out of status I was working for a company. When I got hired they never asked me to file I-9. I have no idea how the hiring process goes and what docs they need to file on me. All they asked was to file the job application, copy of my DL and ssn (not the card - just the number). So I was working kinda officially and getting my paychecks, paying taxes etc.

Well, as we all know, claiming to be a USC results in a lifetime ban from US. As far as I understand immigration will do a background check on me and request I-9 form from my previous employer.

1) What happens if there was no I-9 ever filed by me?

2) Could my employer somehow claim me as USC in his paperwork?

3) If you answer "Yes" to the question on job application "Are you eligible to work in US" - is it the same as claiming yourself a USC?

Thank you.

[Harsh_77 718]

Hmmm - I see few things missing here. Fist no matter what you claim your employeer should had mae a photocopy of your SSN card and made sure you are eligibable to work.

But that does not mean you are innocent, even if he is caught for it he would be paying penalty on his part and you will have to pay on yours for breaking the law.

If you did put you are elgible to work, you should mention if you have any restriction, which I belive you did not.

I dont think your employeer would claim you as USC on his documents.

[Bobby+Umit 161]

Hello everyone.

Little background info: I'm overstayed for 2 years, have been married to USC for a year and we are getting ready for AOS.

Now the problem. While out of status I was working for a company. When I got hired they never asked me to file I-9. I have no idea how the hiring process goes and what docs they need to file on me. All they asked was to file the job application, copy of my DL and ssn (not the card - just the number). So I was working kinda officially and getting my paychecks, paying taxes etc.

Well, as we all know, claiming to be a USC results in a lifetime ban from US. As far as I understand immigration will do a background check on me and request I-9 form from my previous employer.

1) What happens if there was no I-9 ever filed by me?

It's up to the employer to check/file the I-9 - not you, so nothing will happen to you if they don't.

2) Could my employer somehow claim me as USC in his paperwork?

You have to fill out the top part - and that is where you would put if your an USC. It also needs your signature. So if they can't produce a document with your signature, then you can't be held liable for it.

3) If you answer "Yes" to the question on job application "Are you eligible to work in US" - is it the same as claiming yourself a USC?

No.

Thank you.