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?
It should not be a problem. A bigger problem would be not being transparent and honest.
Guerra Saenz, PL--Immigration Attorneys (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.
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.
I agree with my colleagues.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
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.
The following advice is intended for general informational purposes only and does not create an attorney-client relationship.