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Lying on form I9 about being a permanent resident and AOS.

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  • Lying on form I9 about being a permanent resident and AOS.

    Hi,

    What is going to happen when a foreign national has a social security card, that says "VALID FOR WORK WITH DHS AUTHORIZATION ONLY", alters the card to remove such writing on it.
    Then gets a job, after completing a form I9, where he puts his real SS number, real Driver's License and claims that he is a permanent resident.

    After that, his American spouse files I130, and foreign national spouse files I485.
    What's going to happen? Will there be grounds for inadmissibility? If so, is there a waiver available for it?

    Thank you!

  • #2
    There's no false claim to US citizenship inadmissibility (as you didn't claim to be a US citizen) or fraud or misrepresentation inadmissibility (as it was not to a government officer), but there's probably criminal inadmissibility, because there's probably several crimes there (maybe perjury, modifying government document, etc.). I am not an expert on criminal offenses or whether they qualify as Crimes Involving Moral Turpitude (which would trigger the inadmissibility), but I am guessing that at least one of them do. If there is criminal inadmissibility, there is a waiver for it if your spouse would suffer "extreme hardship" if you can't be in the US. But there is also the consideration of whether you might be prosecuted for the crimes.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Thank you for your response, that was very helpful.
      I also wonder if there are any cases similar to this, or to using fraudulent documents for employment and going through adjustment of status based on having an immediate US Citizen relative.
      If anyone have found such before, any links to Board of Immigration Appeals precedent and non-precedent decisions would be really appreciated.

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      • #4


        I was able to find a matter similar to this, where an alien is using both **** green card and a social. The application for waiver of inadmissibility has been denied, since the applicant is NOT inadmissible, and has no bars for adjustment of status.

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