I have students wanting to apply for the Deferred Action with the work authorization. They have to disclose they have been working under someone else's social security, but are very worried there will be a big consequence for doing so such as Fraud. Is this possible and likely?
Cases involving fraud are often referred to ICE to determine whether to issue a Notice to Appear. However, if your students do apply for Deferred Action, they should disclose these facts. In the case of Deferred Action, a particular applicant's case will not be referred to ICE for purposes of removal proceedings except where the Department of Homeland Security determines there are exceptional circumstances. Each student's case must individually meet the guidelines for Deferred Action. I recommend that each student interested in seeking work authorization should consult with an immigration attorney before applying for Deferred Action.
Using someone else's social security number is fraud. As well and depending on how they completed their I-9's, they may have false claimed to citizenship which has tragic consequences. INA 212(a)(6)(C)(ii). That said, for DACA purposes, there is no legal preclusion to obtaining deferred action for using another's social security number. However, failure to disclose this information is grounds for a discretionary denial of the application and could be grounds in the future for other removal consequences. INA 212(a)(6)(C)(i). Tread carefully. Each case is different and each person should have a lawyer.
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