Does submitting paystubs with fake Social Security number a problem for DREAMers?

Kathy writes, "I have a question regarding my boyfriend's DACA application. For the past 3 years he's been working for his aunt's company with a fake SSN.  Should he not submit any proof from work? He can submit a letter from the company, instead of submitting paycheck stubs with the fake SS#. Should he just not mention anything but provide his real income on the i-765 ws?"

DACA is a risky program for those with illegal work history:  It is a complicated and delicate situation and it is best to discuss this with your attorney because it has huge long term consequences.  Thousands of people are in the same situation and they have done what you two are thinking, have gotten approved, but is it the best legal strategy?  No one knows.

Providing documentation of unauthorized employment to USCIS can become a problem in the future:  You see, when someone works illegally, uses a false Social Security number, while in the country illegally, that individual has already broken a bunch of laws.  At this time, the USCIS is not asking directly if someone has used a fake SSN and what that number is, but it is generally understood that having done so and getting a DACA approval does not guarantee immunity from prosecution at a later time.  In other words, any time a person admits to working illegally and/or using a fake SS#, he is confessing to a serious crime and voluntarily submitting evidence to the Federal Government.  It seems that your boyfriend must also be filing his taxes; in other words, he has already confessed to the crimes and submitted evidence of them to the IRS.




While the Feds know that undocumented immigrants are working illegally, DACA gives them the evidence that maybe used against them:   So if he merely declares that income (hiding that income would be a perjury, yet another crime) but does not disclose its source maybe irrelevant because his employer is already providing that information to the Social Security Administration and IRS.  In any case, unless someone can document that income from other sources (say, investments or inheritance or gifts) it is understood that it is through employment.  The bottom line is that your boyfriend already has broken many laws, and provided evidence of it over the years, and we do not know how future laws will affect his case, particularly related to immigration benefits, but if getting DACA is important to him, filing the paperwork may not provide add to the evidence much but it sure makes him admit under oath that he broke all of those laws.

The legal opinion on this is divided in cases like this and I have discussed the risks of applying and worst cases scenarios for DREAMers.  Some attorneys are advising against filing for DACA while others are hoping that Congress may write laws in the future exonerating some of these crimes.  In any case, you will need an excellent attorney to guide you through this very complex situation.