Will a mistake made to keep a struggling family from hitting rock bottom, ruin my sisters life?

[Breezee 0]

Hello everyone.

Let me start out by saying that I'm not sure if I'm posting this in the correct area of the forum, so if it's incorrect please move it so I am able to get the most help as possible. Thank you so much.

This post is for the sake of my sisters marriage. She is in a state of depression with not knowing what to do. The overwhelming process and fears are really taking a heavy toll on her, so I took the situation into my own hands because there is nothing that can be done if you don't try and the only place I can think of to get help is the internet. This is their story...

My sister (Brianna) and her husband (Dimitri) have been together for 7 years, Dimitri is from Argentina and my sister is from the United States. They have never been blessed with the gift of wealth to be able to apply for his citizenship. (I myself just found out the cost of the process and am sickened with the amount.) They have finally built up the necessary amount to move forward. Dimitri came to the U.S. when he was still in high school and has lived here since. His parents moved here with him on a work visa which allowed his parents to open their own business. When the business failed, they remained in the U.S. overstaying their visa. Dimitri was given with a fake social security card from his parents so he could work to help support their family. He worked a low end job, using that social security number to scrap up enough money to help his family make it through. Upon searching I found the SSN verification website and inputting that number he had been given to use shows that it belongs to man that has been dead since the 1970's. Dimitri has never been in trouble with the law since arriving to the U.S. and now, that he has found love and built a life with my sister and our family there is a huge aching worry on him, Brianna and all of us that this one thing could destroy all hopes of him ever becoming legal in the United States. She doesn't want to move forward with getting the process started in pure fear of him being booted from this county... But at some point something has to be done because as much as she is willing to work supporting the both of them forever Dimitri wants an existence as well. He wants to be something in life and he wants to be with my sister.

Please, if anyone has any advice at all please let me know what you know, so I can help her. This man is far too important to her, if anything were to happen she would never be the same person. Will the use of a fake social security number ruin his chances at being legal? Should they still apply for citizenship and keep quiet about it happening? Should they be honest and inform to the immigration authorities that he had done that? I don't know how common it is for people who are of illegal status to make a fake social but I have been reading around on the internet and it doesn't seem like a rare happening at all. Have people who have done this been able to get legal? Any bit of information you can provide me with would be more than appreciated. Please, and thank you in advance to all of you for reading this.

[Oksana & Max 94]

Hello everyone.

Let me start out by saying that I'm not sure if I'm posting this in the correct area of the forum, so if it's incorrect please move it so I am able to get the most help as possible. Thank you so much.

This post is for the sake of my sisters marriage. She is in a state of depression with not knowing what to do. The overwhelming process and fears are really taking a heavy toll on her, so I took the situation into my own hands because there is nothing that can be done if you don't try and the only place I can think of to get help is the internet. This is their story...

My sister (Brianna) and her husband (Dimitri) have been together for 7 years, Dimitri is from Argentina and my sister is from the United States. They have never been blessed with the gift of wealth to be able to apply for his citizenship. (I myself just found out the cost of the process and am sickened with the amount.) They have finally built up the necessary amount to move forward. Dimitri came to the U.S. when he was still in high school and has lived here since. His parents moved here with him on a work visa which allowed his parents to open their own business. When the business failed, they remained in the U.S. overstaying their visa. Dimitri was given with a fake social security card from his parents so he could work to help support their family. He worked a low end job, using that social security number to scrap up enough money to help his family make it through. Upon searching I found the SSN verification website and inputting that number he had been given to use shows that it belongs to man that has been dead since the 1970's. Dimitri has never been in trouble with the law since arriving to the U.S. and now, that he has found love and built a life with my sister and our family there is a huge aching worry on him, Brianna and all of us that this one thing could destroy all hopes of him ever becoming legal in the United States. She doesn't want to move forward with getting the process started in pure fear of him being booted from this county... But at some point something has to be done because as much as she is willing to work supporting the both of them forever Dimitri wants an existence as well. He wants to be something in life and he wants to be with my sister.

Please, if anyone has any advice at all please let me know what you know, so I can help her. This man is far too important to her, if anything were to happen she would never be the same person. Will the use of a fake social security number ruin his chances at being legal? Should they still apply for citizenship and keep quiet about it happening? Should they be honest and inform to the immigration authorities that he had done that? I don't know how common it is for people who are of illegal status to make a fake social but I have been reading around on the internet and it doesn't seem like a rare happening at all. Have people who have done this been able to get legal? Any bit of information you can provide me with would be more than appreciated. Please, and thank you in advance to all of you for reading this.

There is one thing I would recommend you is hire an attorney. The story is quite complicated. I know using fake SSN is a crime, but I am not really familiar of the panishments and impact on the immigration. Attorney is your best way out of this situation.

[Harpa Timsah 13,258]

There is a chance but they will need a lawyer. Plan, "vanilla" illegal work would not be an issue, something like working under the table without authorization, but your sister's husband did something much worse, he stole a SSN and he used fraudulent document and he impersonated a US Citizen.

A lawyer will be able to argue the case for you, and look into the law and determine what to do. Off the top of my head... did he get this card from his parents when he was under 18? You must be up front about the issue and not lie any more, because that will make things worse and there will be no chance for him to become legal if you lie more about it or try to hide it.

Also, he is not going for citizenship right now. His first step is to become a legal permanent resident.

Good luck.

[TeapotGirl 66]

Just hire an attorney. If the law needs to do what it has to do, it won't care for your sister. A lie that has been compounded with another lie then another results a mess.

[kzielu 1,149]

Definitely they need an attorney - impersonating US citizen (not sure if using fake SSN falls into that though) makes him inadmissible to US for life.

[katiemanny 64]

Definitely they need an attorney - impersonating US citizen (not sure if using fake SSN falls into that though) makes him inadmissible to US for life.

I agree, using someone else's SSN is Identity theft and should carry a life time bar from ever returning to the US. Its frustrating what US Citizen and Resident has to go through by dishonesty of illegal immigrants who has no concern about one's Identity whatsoever.

I heard some illegal immigrants even use their new born US Citizen babies SSN, ruining the children Identity from birth.

Edited September 28, 2011 by katiemanny

[skiptex 225]

wow.. that situation. sucks!

[Little_My 464]

First, here's an article you might want to read about using fake SSNs and it being considered as aggravated identity theft. It might help your situation a bit:

http://www.immigrationnewsradio.com/immigration-court-decisions/supreme-court-limits-penalty-for-using-false-social-security-numbers/

I agree with previous posters - you should consult a lawyer. This is not just a case of unauthorized work, the issue here is him using a fake SSN that belonged to someone else. Whether or not that action will be interpreted as him claiming to be US citizen, I don't know - but I'm pretty sure this won't be an easy ride for him and his wife. Get a good lawyer, and don't file any papers until you know exactly where you stand.

[Deputy Purple 1,294]

False claim of US Citizenship could have happened in this case regardless of if the stolen SSN belonged to a US Citizen or not. I'm sure he's filled-out many I-9 forms, has he every checked the box claiming to be a US Citizen?

Also, it matters little if his parents gave him the SSN when he was a minor, he continued using it past his 18th birthday.

These are not "Mistakes" he made, the are conscious choices which have negative repercussions.

If she files to AOS him not only will it put him on USCIS/ICE's radar but I can imagine that it will shine a bright light on his family also.

[JimVaPhuong 4,863]

If they can prove that he knew the Social Security number belonged to someone else then they can find him guilty of aggravated identity theft, which is a deportable crime. A 2009 Supreme Court decision determined that they must actually KNOW that the number belonged to someone else before they can find them guilty of aggravated identity theft, and not simply using false documents. Since the card was given to him by his parents then he isn't guilty of counterfeiting (a CIMT), and if he can make a viable claim that he didn't know the card was fake or that the number belonged to someone else, then he's not guilty of fraud (also a CIMT).

If he ever signed an I-9 claiming to be a US citizen then he's toast.

[EmmillJ 1]

Isn't there a loophole though? I-9's filed before August 7, 2009 had citizen and national on the same line. Maybe if he filed before on the old form he'd be ok. Either way it's tricky but a good lawyer could argue it.

[EmmillJ 1]

This is what I was talking about:

http://www.nilc.org/immsemplymnt/ircaempverif/irca058.htm

[Robert&Karen 264]

When he turned 18 and kept using the number a crime was committed. They did not catch him probably because the amounts of his income were so low as to be off the radar. Working under a fake ID is worse than working under the table.

You are going to need a lawyer simply to keep him from being deported.

I am familiar with a couple where the man was an illegal from Mexico. He came here as a minor. Throughout the entire process USCIS offered him the chance to voluntarily leave the US for a set time and then he could re-enter legally. He opted to NOT accept this and keep fighting. Sadly today he is still fighting, but had he left, the time period has passed and he would be here legally.

The point of that story is that if USCIS offers you ANY option that will end with being together in the long run, that is a good sign. Tell them your willingness to cooperate and do everything in your power. You are in a hole, and the first thing you need to do when you find yourself in a hole is to stop digging. Your case won't hold water if they run the social and he is still working with it.

[hnubno 9]

i do agree that you should get a very good attorney to help you and he should stop using someone else's ssn. otherwise i don't have any other suggestion or advise.

i also wanted to share that my mom told me a little bit about a distant cousin of mine who married an illegal alien and it was very difficult for them. he came to US when he was over 18 and overstayed his visit. he worked illegally (aka "under the table") without ssn when he met his my cousin they married. after they were married they started the paperwork with an attorney. they started in the late 90s with the whole process and he finally is a citizen in 2008 or 2009. my mom asked her mom a little about it and her mom (my aunt) said that it was a very difficult and long road.

good luck to you guys.

[tan&tuyet 15]

Not only that he will be in trouble with ICE but he might be in trouble with the IRS too if he didn't pay taxes on what he earned!! I would hire a lawyer fast

Edited September 29, 2011 by tan&tuyet