does USCIS forgive the use of a fake SSN as a student ID in high school

[KnowledgeHound 1]

I am new to this website and I hope I am placing this question in the right area. I am reaching out for guidance for a friend of mine who is working on getting an I-601A waiver approved. They have never worked using a fake SSN but their parent did provide a fake SSN to their school district when they were a minor. This was remedied by they time they graduated high school and their final transcript has a non-SSN ID listed. My question is how USCIS will view this and how would it affect my friend's wavier approval. Would they even be able to see that had occurred? He has not filed the waiver yet due to this concern. Thanks in advance for any guidance or insight into this.

[SalishSea 17,829]

2 hours ago, JayMan44 said:

I am new to this website and I hope I am placing this question in the right area. I am reaching out for guidance for a friend of mine who is working on getting an I-601A waiver approved. They have never worked using a fake SSN but their parent did provide a fake SSN to their school district when they were a minor. This was remedied by they time they graduated high school and their final transcript has a non-SSN ID listed. My question is how USCIS will view this and how would it affect my friend's wavier approval. Would they even be able to see that had occurred? He has not filed the waiver yet due to this concern. Thanks in advance for any guidance or insight into this.

He should ask his lawyer this question.   What is the waiver for?

 

Did he ever claim to be a U.S. citizen?

[KnowledgeHound 1]

He never claimed to be a US citizen. His parent may have said he was. The waiver is an I-601A.

[SalishSea 17,829]

1 hour ago, JayMan44 said:

The waiver is an I-601A.

Yes, you said that.   But what inadmissibility is it for?

[KnowledgeHound 1]

36 minutes ago, SalishSea said:

Yes, you said that.   But what inadmissibility is it for?

SalishSea, thank you for following up. Let me try to clarify my question. His concern is that this use of a fake SSN in this manner could make him inadmissible at his consular interview due to misrepresentation and/or identity fraud. He understands that I-601A waiver only covers unlawful presence. 

[carmel34 3,626]

Your "friend" needs an experienced US immigration attorney.  This is not DIY.

[Demise 1,283]

14 hours ago, KnowledgeHound said:

I am new to this website and I hope I am placing this question in the right area. I am reaching out for guidance for a friend of mine who is working on getting an I-601A waiver approved. They have never worked using a fake SSN but their parent did provide a fake SSN to their school district when they were a minor. This was remedied by they time they graduated high school and their final transcript has a non-SSN ID listed. My question is how USCIS will view this and how would it affect my friend's wavier approval. Would they even be able to see that had occurred? He has not filed the waiver yet due to this concern. Thanks in advance for any guidance or insight into this.

 

9 hours ago, KnowledgeHound said:

SalishSea, thank you for following up. Let me try to clarify my question. His concern is that this use of a fake SSN in this manner could make him inadmissible at his consular interview due to misrepresentation and/or identity fraud. He understands that I-601A waiver only covers unlawful presence. 

 

It shouldn't be a factor.

Using a fake SSN all in itself doesn't trigger any inadmissibility. It is also not identity fraud to use a solely made up SSN which may or may not belong to someone and you have no idea if it does and to whom (Flores-Figueroa v. United States).

Misrepresentation only triggers if you lie somewhere in the immigration process. Lying about one's status outside of that doesn't trigger any admissibility as long as you don't claim to be a US Citizen.

 

Other questions your friend should be asking himself:

Did I enter by fraud (e.g. on someone else's documents)? In case of which he should be filing an I-601 for fraud rather than I-601A for unlawful presence, on the bright side the fraud entry counts for AOS.

Did I ever claim to be a US Citizen? In case of which he's likely screwed.

Are there any criminal reasons that'd make me inadmissible?

Was I ever in removal proceedings?

 

Basically anything that would elevate the case from being solely about unlawful presence.

 

[Family 3,988]

I-601 A for ULP/unlawful presence indicate EWI ( entry without inspection) in 99% of the cases. The rare exception is crew member IR , not likely here.

 

The reality of most I-601 A applicants is that they have used/existed with some form of ‘chueco” SSN ( tax returns, paystubs) that are routinely disclosed/submitted for waiver approvals. This has NOT been an issue w USCIS or Consulates , your friend is ok.