Legalization after using fake names

Understandably so, many undocumented immigrants have used tricks to engage in unauthorized work in America.  With the help of employers who are willing to look the other way (their actions are criminal, though), without realizing the consequences of their actions at the time, many illegal aliens have used false documents (birth certificates, passports, visas, green cards, Social Security cards, drivers licenses, etc.) in variety of places to get whatever they needed to get done.  Obviously, use of forged or fraudulent documents is a crime and may impact your efforts to legalize, in this article I will discuss specifically the consequences of using a different name than your actual name.  And no, you do not need to worry if your first name is Antonio and you may have been listed  as Tony or Anthony on some documents, as long as your story is otherwise straight. 

Identity theft is a crime:  Assuming the identity of another individual, particularly that of a US citizen, is very problematic.  Declaring yourself to be a US citizen typically means denial of a green card (it is not clear if Congress will forgive this crime for probationary legal status) and immediate deportation.



Using the name and identity of a foreigner:  Many undocumented aliens entered the United States with documents belonging to other individuals or of a phony person.  If you were fingerprinted at the port of entry or at any other point in the US, your identity is basically associated with those fingerprints.  While applying for Obama Amnesty if you are unable to use the same identity and furnish all the documentation that supports that identity, you are in a lot of trouble.  However, if you can furnish all the paperwork with whatever identity you have been using, be prepared to be that person for the rest of your life (unfortunately if this foreigner is a real person and would ever like to visit the United States or immigrate here, it could be a problem for this person).

Using an assumed name or even names:  I have been told that many illegals have simply changed their names to something else or have different names at different places or assumed another name after they were caught for a crime (since these people were not legally associated with a valid Social Security number, they also used more than one number).  In the Obama Amnesty process, you will be required to prove several details, like date of entry into the United States, where you have lived the whole time, places of education/employment, criminal history, etc.  So for instance if you worked at a job with a fake name, you will not be able to use that piece of information.  Depending on individual situations, it might become a problem and might disqualify you from applying.  If you started to use another name or SS# after a crime but your photo and/or fingerprints are in the system, they will be discovered during a background search by USCIS and could put your petition in jeopardy.

What can I do if my name and documents do not match and I have been using other names?  You will need to first wait for the documentation requirements from USCIS and assess if you will be able to qualify even with fraud in your history.  It seems that President Obama and Congress are planning to make the process very easy being fully aware that fraud is widespread in the immigrant community.  In any case, it is best to work with an immigration attorney.