Arrested on SSN Fraud

[Kathryn41 3,205]

The best case scenario then appears to be that if the lawyer succeeds in getting the fraudulent use of a SSN dropped, he would still be out of status, but his wife can re-apply for another green card which would not be conditional. Whether or not they approve it will depend on how seriously they view his possession of the fake SScard and how he has used it in the past. The grounds of 'moral turpitude' may still come back and bite him but as you say there does appear to be a light at the end of the tunnel. For your friends sake, I hope it isn't an oncoming train.

[Brother Hesekiel 2,236]

The grounds of 'moral turpitude' may still come back and bite him but as you say there does appear to be a light at the end of the tunnel. For your friends sake, I hope it isn't an oncoming train.

Especially with a broken taillight!

[himher 634]

Case reference:

To establish a section 42 US.c. § 408(a)(7)(B) offense (false representation of a

social security number), the prosecution must prove that the defendant:

(1) for any purpose,

(2) with intent to deceive,

(3) represented a number to be the social security account number assigned to

himself or another person,

(4) when in fact such representati on was fal se.

2. Legal Analysis

a. Affirmative Representation Element

As a threshold matter, the third element requires proof of an affirmative act of

representation by the defendant. Mere possession of a false social security number does not

violate § 408(a)(7)(B) absent additional facts from which ajury could infer that a false

representation was made (either in the procurement or use of the false social security

number). United States v. McKnight, 17 F.3d 1139, 1143-45 (8th Cir. 1994). In McKnight,

the defendants were found to be in possession of false identification cards bearing social

security numbers that were not their own. The court held that such possession alone was not

sufficient to sustain a § 408(a)(7) conviction because the government had failed to come

forward with any evidence - either direct or circumstantial - that the defendants ever used

the false social security numbers. Jd. ("Under the facts presented, proof of possession

without more fails to create any credible inference that the social security numbers were

misrepresented to anyone.").:'

It boils down to this: If the social security number that the person was holding was in fact ever used for anything (and) the prosecutor can prove it then he's hosed and guilty of a felony. Posessing a fake social security card alone (never used, no intent to sell, never presented as an identification document anywhere) is not actually a crime at least as per the courts. Either way, he'll need a dam good lawyer because he'll have to beat state and federal charges (every state has their own laws about posession or use of false documents, federal law nicely noted above).

There is no combination of circumstances that makes this dude either law-abiding or a citizen but (maybe) he's not quite ready for the electric chair either LOL. If he was legally admitted he's in a lot better shape than an unregistered illegal. I hope he has some spare change