Problem with I-485

[Roselin Parker]

Hello guys
I'm filling my application to get a green card through marriage.
Everything looks good so far, my wife is a US citizen and we met the requirements... just one thing is bugging me and I would appreciate some answers.

I came with my parents when I was 16 years old, we overstayed our tourist visas since 2008. I've been working with other name and other ss (a random name and number) for almost 8 years at the same place (I'm 24 now) Thats the place where I met my now wife, we started as co workers, we dated and now we have a legitimate marriage.
So my question is... Am I in trouble with USICS for working with other name?
Thanks so much in advance!

[juand25]

Hello guys
I'm filling my application to get a green card through marriage.
Everything looks good so far, my wife is a US citizen and we met the requirements... just one thing is bugging me and I would appreciate some answers.

I came with my parents when I was 16 years old, we overstayed our tourist visas since 2008. I've been working with other name and other ss (a random name and number) for almost 8 years at the same place (I'm 24 now) Thats the place where I met my now wife, we started as co workers, we dated and now we have a legitimate marriage.
So my question is... Am I in trouble with USICS for working with other name?
Thanks so much in advance!

I don't think so..I believe that by being married to a US citizen they will forgive you for that...but don't bring it up if you don't have to. I got a job with my EAD 20 years ago but it expired after a year and I stayed at this same place working for almost 20 years...pretty much working without documents but they did not asked me to renew...last year I married my husband and at the interview I was afraid they were going to ask me about this..but work never came in the questions asked...good luck with your case

[kumaabh]

I don't think so..I believe that by being married to a US citizen they will forgive you for that...but don't bring it up if you don't have to. I got a job with my EAD 20 years ago but it expired after a year and I stayed at this same place working for almost 20 years...pretty much working without documents but they did not asked me to renew...last year I married my husband and at the interview I was afraid they were going to ask me about this..but work never came in the questions asked...good luck with your case

Juand25, you case is different. You worked without authorization. Your case is forgiveable under section 245(a). What i am trying to say is you never committed fraud or committed a felony. The person here has committed both fraud and felony(identity theft or something along those lines). This will create inadmissibilty and he will have to file for a 601 Waiver. Although it seems he would be covered by DACA. But if he still has continued to work with the false name and ssn then he is inadmissible and they will most likely charge him and ask him to file a waiver.

[Roselin Parker]

Juand25, you case is different. You worked without authorization. Your case is forgiveable under section 245(a). What i am trying to say is you never committed fraud or committed a felony. The person here has committed both fraud and felony(identity theft or something along those lines). This will create inadmissibilty and he will have to file for a 601 Waiver. Although it seems he would be covered by DACA. But if he still has continued to work with the false name and ssn then he is inadmissible and they will most likely charge him and ask him to file a waiver.

Even if that person with that ssn doesn't exist? Basically that name and the number were invented. What I'm trying to say is that any undocumented person get a false id and ssn with both their real name on them.

[newacct]

Juand25, you case is different. You worked without authorization. Your case is forgiveable under section 245(a). What i am trying to say is you never committed fraud or committed a felony. The person here has committed both fraud and felony(identity theft or something along those lines). This will create inadmissibilty and he will have to file for a 601 Waiver. Although it seems he would be covered by DACA. But if he still has continued to work with the false name and ssn then he is inadmissible and they will most likely charge him and ask him to file a waiver.

And what inadmissibility do you think they have? Giving false or even fraudulent information to an employer (as long as it does not falsely claim US citizenship) does not trigger a fraud or material misrepresentation ban, because it is not to a government official. Giving false information to an employer may or may not be a crime involving moral turpitude; it depends on the exact wording of the law you think they potentially violated, and the circumstances of the violation, and which appeals court's jurisdiction they fall under.

[kumaabh]

And what inadmissibility do you think they have? Giving false or even fraudulent information to an employer (as long as it does not falsely claim US citizenship) does not trigger a fraud or material misrepresentation ban, because it is not to a government official. Giving false information to an employer may or may not be a crime involving moral turpitude; it depends on the exact wording of the law you think they potentially violated, and the circumstances of the violation, and which appeals court's jurisdiction they fall under.

Here is how it could play out at the interview. Remember you are under oath.
Where did you meet your spouse--> at work--> where did you work?-->how did you work-->what did you enter in the i-9?-->Show me the tax statement. Bam CIMT--> please file waiver.

[newacct]

Here is how it could play out at the interview. Remember you are under oath.
Where did you meet your spouse--> at work--> where did you work?-->how did you work-->what did you enter in the i-9?-->Show me the tax statement. Bam CIMT--> please file waiver.

First of all, this doesn't need to "play out at the interview" -- where they work currently and in the past must already be filled out on the application forms (e.g. G-325A form asks for employment for the last 5 years) to begin with.

I am not sure where you get "Bam CIMT" from. What is and isn't a CIMT is a matter of law. In the 9th Circuit (west coast states) for example, giving false information on an I-9 (we don't even know if an I-9 was used; but if) and using a false social security number (even when criminally convicted) are not CIMTs. Furthermore, lots of people who used false SSNs to work and gave false information on I-9s (but not claiming citizenship) who were never convicted, do AOS, honestly disclosing it, pretty much every day with no problems with no need for a waiver.

[kumaabh]

First of all, this doesn't need to "play out at the interview" -- where they work currently and in the past must already be filled out on the application forms (e.g. G-325A form asks for employment for the last 5 years) to begin with.

I am not sure where you get "Bam CIMT" from. What is and isn't a CIMT is a matter of law. In the 9th Circuit (west coast states) for example, giving false information on an I-9 (we don't even know if an I-9 was used; but if) and using a false social security number (even when criminally convicted) are not CIMTs. Furthermore, lots of people who used false SSNs to work and gave false information on I-9s (but not claiming citizenship) who were never convicted, do AOS, honestly disclosing it, pretty much every day with no problems with no need for a waiver.

With all due respect, you might be right. I pray that you are right and the person doesn't have any issue during his 485 interview. That being said, i would say it is better to talk to a lawyer about the situation and be prepared just in case there are some issues. Just a word of caution "you are under oath". Say the truth. Please Don't dig yourself into a deeper hole.