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26-Aug-2000 05:53 AM
  Social Security and illegal work
frankbg
I have just received a new Social Security card that has just my name and the number. I used to have a card that said "Not valid for employment", but my international student advisor wrote a letter requesting a new card so they issued this one. The number has stayed unchanged. Does this mean that I will be able to work illegally and never get caught? What should I write on I-9 form when applying for a job of campus? I am on F-1 visa.
Thanks!

27-Aug-2000 02:17 AM
 Re: Social Security and illegal work
Serge
Depends what your plans are.

If you plan to stay in the US and get a working visa or a Green Card chances are you will get caught. Now, some people who get caught while applying for a Green card can get away with a $1.000 fine, but don't count on it. You can get deported, too.

If you just want to get a degree and leave the US you can work illegally and pay taxes and all (in this situation you should pay taxes by the way, or you'll get caught by the IRS). Right now there's no way for the INS to find you except they raid your company. But beware: INS and IRS are trying to integrate their databases and there is a possibility that they will be able to catch this kind illegal workers in the near future.

Generally it is wise not to use your SSN for illegal work - you won't get caught immediately but you leave a clear record of breaking the law.

Sorry, I don't know the details about the I-9.

28-Aug-2000 02:13 AM
 Re: Social Security and illegal work
2214
In filling out the I-9 form, you need to show the employer several forms of identification. Any US citizen would be able to show id from the first list on the page in order to meet the requirement. Non-citizens have to show id from the each of the other two lists that appear on the same page.

Your original Social Security card was fine, by the way. The statement only meant that the SS card itself is not the basis for your eligibility to work. Your INS work permit (for instance) would establish your eligibility. Unfortunately a lot of employers don't know how to deal with a SS card that has that statement on it (ie, just ask for the right form of proof of work eligibility.)

This is like the work permit that has the comment "Not Valid for Re-Entry to the US" on it. This does not mean that you can't re-enter the U.S., it just means that your work permit does not esablish you're eligibility to re-enter, whereas a passport, visa, and signed I-20 do.

These are good examples of how frustrating government bureaucracies can be. Students have to live with documents that include such statements that confuse various government officials who are unfamiliar with them. Sorry you've had these troubles too.

29-Aug-2000 03:57 AM
 Re: Social Security and illegal work
frankbg
In order to verify the eligibility for the employment, the US citizen needs to show his SS card and any kind of government picture ID (such as drivers license) to start employment.
Thanks to the mistake by the Social Security staff, I was able to get the Social Security card that all US citizens have (without words "NOT WALID FOR EMPLOYMENT" or "VALID FOR WORK WITH INS AUTHORIZATION"). So there is only my name and the number, even my international student advisor was surprised to see this card, as it is common for international students to get restricted SS card.
My question is if the INS would ever be able to find out that I was working off campus without the permit. On the I-9 form I am planing to lie that I am the US citizen.
Do you think that this will work?
Thanks!

29-Aug-2000 05:08 AM
 Re: Social Security and illegal work
0109
'Sounds like a bad idea to me. It might work, but then it might not. Regardless, if you're honest about it, you won't have to be looking over your shoulder all the time.

29-Aug-2000 05:11 AM
 Re: Social Security and illegal work
aL
You can trick your employer. You can work and pay taxes for years.

However, if you are planning to get a working visa or a Green Card the INS will check your SSN. They can see if you or your employee payed taxes on this number. You probably will get caught eventually.

The SSN in itself is not a working permit. You can find a job using it because employers don't know the law. Not every American company knows what documents you have to present. It could be enough to show them your ID and your SSN. You can get away with it as long as you don't try to change your status.

If you plan to get a working visa or become a permanent resident in the future you should not use your SSN for work without INS permit.

If you do not care about getting a Green Card you can pretend you don't need an Employment Authorization. Technically your employer has to ask for it, but some companies are not aware of it. You will be breaking the law in this case. Not that I care. Don't tell them you are a foreign student and just show them your ID and your SSN.

09-May-2001 04:30 AM
 Re: Social Security and illegal work
BUBUUU
Ewerything sounds great, but I still have one problem. I can`t figure out what`s going on with I-9 form. Example: I am foreign student, I wanna breaking law and work offcampus, I have US DL. When I am beginning employment I must fill in the form and write my I-94 alien number and other info on I-9 form.
Who knows what the employer does with I-9 form? Is he sending it back to INS or is he keeping it for his own record ? in the case of mailing it to INS the can find out very easy where you work. Who knows this and can give me any ideas email me : masochico@yahoo.com

10-May-2001 02:44 AM
 Re: Social Security and illegal work
Serge
As far as I know (and it's written on I-9 form itself, actually) the employer keeps the I-9 form for his records. He has to present it to the INS upon request. I believe there's no routine procedure for INS to inspect these forms.

Here's the form in question:

http://www.ins.usdoj.gov/graphics/formsfee/forms/files/i-9.pdf

21-May-2001 01:56 PM
 Re: Social Security and illegal work
BUBUUU
Immigration system failed ! INS failed and federal government failed too.
INS estimates about 6 milions illegal immigrants in USA. Non-governmental organizations estimates twice as much, about 13 milions. At this time there is no effective system how to keep track of aliens coming and leaving USA through ports, airports and land. 60% of these illegals crossed the borders illegal and 40 % overstays their visas and stayed in the country. 6 milions since 1986 when about the same number of illegals got amnesty and became legal during the night.
What is the message to all those aliens they folowing the law and waiting years to get their permanent residency? The message from US government is simple: BREAK THE LAW, BECOME ILLEGAL - IT IS THE FASTES AND EASIEST WAY TO GET CITIZENSHIP IN UNITED STATES.
Now, the legislators stays before a big question. What to do with all those 6 milions people? Is another amnesty gonna help? What is gonna be the message to all those people they are following the law?
The another question is: Can american economy work without illegal immigrants? All this people are building this country and a lot of them is paying taxes altough they are illegal.
Right now there is no way for INS to find out that you are illegal when you paying taxes.
I am in USA legaly, paying taxes too. Contacting immigration lawyers every 6 months regarding extension of my stay. Still my chances to get greencard are very small. Obeying law every day and live in stress, what`s gonna happen next month? Am I gonna stay or my application will be rejected and I will be deported and probably never get to USA again.
I am thinking about the same question every day. Why to do this? Why not, just overstay my visa and wait until next amnesty, maybe in 2006 or 2010 comes?
I probably gonna do it.

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