Complicated Immigration Case: DIY or Lawyer up?

[aviicii 5]

Hi, getting our paperworks in order to file for I-485/I-130. My spouse (beneficiary ) has overstayed her visa and used a fake green card to try to get a job. She has a social security number but invalid now since her visa expired years ago. I know that only false claim to us citizenship is inadmissible, but will her use of fake green card when she filled out an I9 to try to get that job result in a denial of her AoS ? Im at my wits’ end. Should we hire a lawyer for our case instead ? 

[PaulaCJohnny 713]

16 minutes ago, aviicii said:

Hi, getting our paperworks in order to file for I-485/I-130. My spouse (beneficiary ) has overstayed her visa and used a fake green card to try to get a job. She has a social security number but invalid now since her visa expired years ago. I know that only false claim to us citizenship is inadmissible, but will her use of fake green card when she filled out an I9 to try to get that job result in a denial of her AoS ? Im at my wits’ end. Should we hire a lawyer for our case instead ? 

Are you a US citizen? How long is she here?

Which visa she had previously?

 

[aviicii 5]

I am US citizen and she came on H2B visa which she overstayed.

[PaulaCJohnny 713]

5 minutes ago, aviicii said:

I am US citizen and she came on H2B visa which she overstayed.

Is there any report about the fake green card?I would contact a lawyer just in case. What she did is really wrong and can bite her back now

Edited March 24, 2021 by Paula&Johnny

[aviicii 5]

Just now, Paula&Johnny said:

Is there any report about the fake green card?I would contact a lawyer just in case. What she did is really wrong and can bite her back now

I’ll consult a lawyer and see what he says. There is no report and she has not used it since that instance. Thank you but I can do without the last sentence. 

[HRQX 4,145]

1 hour ago, aviicii said:

but will her use of fake green card when she filled out an I9 to try to get that job result in a denial of her AoS ?

No, this case is still DIY. Presenting a fake GC for Form I-9 purposes is not an issue. https://www.uscis.gov/sites/default/files/err/H5 - Waiver of Inadmissibility - Misrepresentation - 212 (i)/Decisions_Issued_in_2012/Jun082012_03H5212.pdf

Quote

The record reflects that the applicant presented a fraudulent Form I-551, Resident Alien Card, and social security card to private employers in Harrisburg, Pennsylvania (Temporary Services and Cumberland Distribution) to obtain employment. Upon review of the record, the AAO finds that the applicant is not inadmissible under section 212(a)(6)(C)(i) of the Act, and he does not require a waiver under section 212(i) of the Act.

Also see: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

 

What is an issue is selecting "I am: A citizen of the United States" on Form I-9 or other forms. That's the cardinal sin.

Edited March 24, 2021 by HRQX

[payxibka 10,045]

1 hour ago, aviicii said:

Hi, getting our paperworks in order to file for I-485/I-130. My spouse (beneficiary ) has overstayed her visa and used a fake green card to try to get a job. She has a social security number but invalid now since her visa expired years ago. I know that only false claim to us citizenship is inadmissible, but will her use of fake green card when she filled out an I9 to try to get that job result in a denial of her AoS ? Im at my wits’ end. Should we hire a lawyer for our case instead ? 

SSNs are issued for life and don't become invalid until after death

[aviicii 5]

3 hours ago, payxibka said:

SSNs are issued for life and don't become invalid until after death

It’s not valid at the moment because she doesn’t have  work authorization from dhs. That’s what her card says. 

[aviicii 5]

27 minutes ago, aviicii said:

It’s not valid at the moment (at least for employment ) because she doesn’t have  work authorization from DHS. 

 

[aviicii 5]

4 hours ago, HRQX said:

No, this case is still DIY. Presenting a fake GC for Form I-9 purposes is not an issue. https://www.uscis.gov/sites/default/files/err/H5 - Waiver of Inadmissibility - Misrepresentation - 212 (i)/Decisions_Issued_in_2012/Jun082012_03H5212.pdf

Also see: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

 

What is an issue is selecting "I am: A citizen of the United States" on Form I-9 or other forms. That's the cardinal sin.

Going to read the links. Thank you for this. 

[SalishSea 17,833]

1 hour ago, aviicii said:

It’s not valid at the moment because she doesn’t have  work authorization from dhs. That’s what her card says. 

The point is:  the card may not be 'valid for work,' but the SSN is not 'invalid.'

[Hilde 381]

6 hours ago, aviicii said:

Hi, getting our paperworks in order to file for I-485/I-130. My spouse (beneficiary ) has overstayed her visa and used a fake green card to try to get a job. She has a social security number but invalid now since her visa expired years ago. I know that only false claim to us citizenship is inadmissible, but will her use of fake green card when she filled out an I9 to try to get that job result in a denial of her AoS ? Im at my wits’ end. Should we hire a lawyer for our case instead ? 

It all depends how much work you're willing to put in this case.

It's not 100% straightforward case bc a) the greencard issue b) overstay H2B

 

That being said, you're going to need to make sure you check and double check everything that the lawyer does. We see too many stories here that lawyers sometimes get things wrong (more often than I could ever imagine). 

 

Good luck!

[Crazy Cat 41,882]

2 hours ago, aviicii said:

It’s not valid at the moment because she doesn’t have  work authorization from dhs. That’s what her card says. 

Her SS number is valid for purposes other than work.

[aviicii 5]

3 hours ago, Jorgedig said:

The point is:  the card may not be 'valid for work,' but the SSN is not 'invalid.'

I know. I’m not here to argue about technicality. I know her number stays valid for a lifetime but I was talking about work in my post when I mentioned her card. 

[Crazy Cat 41,882]

3 minutes ago, aviicii said:

I know. I’m not here to argue about technicality. I know her number stays valid for a lifetime but I was talking about work in my post when I mentioned her card. 

There is no technicality involved.  You stated "She has a social security number but invalid now since her visa expired years ago".  That is inaccurate...as @Jorgedig correctly pointed out.

Edited March 24, 2021 by Lucky Cat