No green card, but Social Security Card has no restrictions - a mistake?

[sw5548 0]

Hello everyone,

This site's been instrumental in securing a fiancee visa for Yu-mi, a South Korean national. I'm a USC. We went by the book, and she's been here since the end of May (2007 - any month mentioned in this post is in this year). We've been married since June, but, before getting married, we applied for her Social Security Card, just following the timeline. So, the Social Security Card came sometime in mid-June. This card, of course, had Yu-mi's maiden name, and the forbidding admonition: 'Not valid for work w/o DHS authorization'. All to be expected.

Here's the rub: About two and 1/2 weeks ago, shortly after applying for AOS, we applied for a new card in her married name, and it came this morning. But, it has no admonition - it just has her SSN, her married name, and the issue date, just like a USC's. Does this mean she can work w/o any special authorization?

We've not yet received her green card nor a temporary work authorization. As a matter of fact, she hasn't even done her biometrics - that's next week.

Is is possible that DSS, DHS or USCIS made a mistake? Or is her SS Card supposed to look the way it does?

Any help would be appreciated - thanks in advance!

Sam and Yu-mi

[YuAndDan 153]

All it means is that the officer at SSA forgot to code the card to show the disclaimer. SSA does not give permission to work, and to legally work the alien needs work authorization from DHS, that is EAD or Green-card.

Edited July 16, 2007 by YuAndDan

[Dr_LHA 3]

Congrats, your fiancee can work.

The SS made a mistake, but because your fiancee has a SS card without "the language" then she will pass the I-9 test. She has ID and a SS card without those words on it. The employer won't be breaking any laws because they are required to check for the requirements of the I-9, and nothing else, your fiancee passes those requirements.

Your fiancee might be working "illegally" (its not really clear if working without authorization is illegal, but employing some without authorization is) but that doesn't actually matter in the case of AOS as its forgiven.

I'm sure as a result of this post there will be some differing opinions.

[Boiler 45,527]

There are I understand plenty of places that you can get a SSN, without any qualification.

It is certainly true that illegal work is forgiven on adjustment, but not before.

Might not be a good thing to have on your resume.

[sunandmoon 450]

Congrats, your fiancee can work.

The SS made a mistake, but because your fiancee has a SS card without "the language" then she will pass the I-9 test. She has ID and a SS card without those words on it. The employer won't be breaking any laws because they are required to check for the requirements of the I-9, and nothing else, your fiancee passes those requirements.

Your fiancee might be working "illegally" (its not really clear if working without authorization is illegal, but employing some without authorization is) but that doesn't actually matter in the case of AOS as its forgiven.

I'm sure as a result of this post there will be some differing opinions.

From an employer point of view, If someone applying had an ID issued in the USA from list B and a SSN without restriction (list C), they would meet the employment eligibility verification requirement of the I-9

[Dr_LHA 3]

There are I understand plenty of places that you can get a SSN, without any qualification.

What are you referring to?

[sw5548 0]

Congrats, your fiancee can work.

The SS made a mistake, but because your fiancee has a SS card without "the language" then she will pass the I-9 test. She has ID and a SS card without those words on it. The employer won't be breaking any laws because they are required to check for the requirements of the I-9, and nothing else, your fiancee passes those requirements.

Your fiancee might be working "illegally" (its not really clear if working without authorization is illegal, but employing some without authorization is) but that doesn't actually matter in the case of AOS as its forgiven.

I'm sure as a result of this post there will be some differing opinions.

From an employer point of view, If someone applying had an ID issued in the USA from list B and a SSN without restriction (list C), they would meet the employment eligibility verification requirement of the I-9

That makes sense. But, here's a tricky thing from my wife's point of view. There's a question on the I9 where the applicant must swear that he or she is: 1. a citizen or 2. a permanent resident or 3. an alien temporarily authorized to work. Of course, given that she has a permanent resident's or citizen's social security card, she'd pick #2. The employer would be off the hook, but the question is, would DHS somehow be made aware of her working w/o a green card or temp. employment authorization because of the SS being deducted from her paychecks? - if so, she'd be in some trouble...

Thanks again for you input, everyone,

Sam and Yu-mi

[Dr_LHA 3]

From an employer point of view, If someone applying had an ID issued in the USA from list B and a SSN without restriction (list C), they would meet the employment eligibility verification requirement of the I-9

Good point, but you can get a Drivers License without an EAD in some states.

[Dr_LHA 3]

The employer would be off the hook, but the question is, would DHS somehow be made aware of her working w/o a green card or temp. employment authorization because of the SS being deducted from her paychecks? - if so, she'd be in some trouble...

DHS is not made aware of employees.

The I-9s are not sent to DHS, they are to be kept on record at the employers for a certain amount of time. The only time DHS would see the I-9 is if they audited the employers.

BTW - I'm not advocating illegal work, but your fiancee is in a odd loophold here. Still the best bet would be to get an EAD. As Roy and Yazi point out, if she doesn't have a US ID then she won't pass the I-9 requirements anyway.

[sw5548 0]

DHS is not made aware of employees.

The I-9s are not sent to DHS, they are to be kept on record at the employers for a certain amount of time. The only time DHS would see the I-9 is if they audited the employers.

BTW - I'm not advocating illegal work, but your fiancee is in a odd loophold here. Still the best bet would be to get an EAD. As Roy and Yazi point out, if she doesn't have a US ID then she won't pass the I-9 requirements anyway.

It's debatable, but we've come to the conclusion that Yu-mi can't work. Or, I should say, shouldn't work. That's because, in filling out the I-9, she'd have to perjure herself and claim to be a lawful permanent resident - because of SS' mistake, she could probably get away with it, but why open up that can of worms? Just wait for the employment authorization, I say. It's not like we're starving to death, after all...

Re: the US ID - That's not really an issue - between bank cards, the marriage certificate, the ss card and Yu-mi's I-94 (still unexpired), she could get a drivers license.

[Boiler 45,527]

Re: the US ID - That's not really an issue - between bank cards, the marriage certificate, the ss card and Yu-mi's I-94 (still unexpired), she could get a drivers license.

Usually the DL would expire with the I-94.

Hardly worth it.

[Dr_LHA 3]

Re: the US ID - That's not really an issue - between bank cards, the marriage certificate, the ss card and Yu-mi's I-94 (still unexpired), she could get a drivers license.

Usually the DL would expire with the I-94.

Hardly worth it.

As I pointed out, in some states an NOA1 for AOS is enough to get you a DL.