Can I apply for DACA if I lied about working

Catalina writes, "I am in the process of applying for DACA. I am married and my husband is the one who works full time and I clean houses and get paid in cash or personal checks.  When we file our taxes jointly with our ITIN numbers I always put that I am not working. Is this something that can hurt me? What should I put on Form I-765WS?"

Legally speaking, you broke the law by not paying income taxes on the income you had (you also committed perjury by not disclosing your work because when you signed off on IRS Form 1040 you lied and that is a huge problem; basically the Internal Revenue Service considers this tax fraud and there are severe penalties for avoiding taxes).  As you might understand, while, it is easy to hide cash payment, but a check that you cashed is always in bank's systems and it can be found out that you worked illegally and did not pay taxes.  US law really does not like people not paying taxes on their income.

As far as DACA is concerned, you should disclose your current income, however small it is, on Form I-765WS.  Don't worry about not paying taxes at this point because the Government is not asking about your tax returns.  If you are eligible otherwise and provide all the documents, you will be approved.  However, if Obama amnesty passes and you want to become legal, at that time, you must declare your income, pay back taxes on it, and you will be okay.  In the meantime, though, you should also honestly pay your taxes.

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