Apply for DACA if already working with my own SSN

Natalia writes, "I would like to apply for DACA, however, I worked using my social security # that was issued to me that states "valid for work only with ins authorization."  I came to the US when I was 13 years old. Went to HS for 4 years and graduated. I then enrolled and graduated from a vocational nursing school, got a student loan to pay for it, and still paying for it. Nowadays, I work as a nurse using my own social security # and file my income taxes yearly. Furthermore, I am still going to a community college, in order to finish my studies and hopefully to obtain my nursing degree.  I would like to ask for your advice, because I make an annual income of $40k/year and would like to know if I might come across some dilemma working with my SS# with restrictions on employment."

It is obvious that you have a huge paper trail of working illegally, a fairly serious crime.  The fact is that many other DREAMers are also working illegally, but in their cases they are using fraudulent Social Security numbers and some of them have engaged in outright identity theft, which are even more serious crimes.  Most of these individuals have been approved for DACA despite many of them making as much money, if not more, as you do.

So my expectation is that if you apply, you will be approved as long as you are otherwise eligible and provide all the requested evidence.  Strictly legally speaking, though, as you might understand, as it is you have created a huge paper trail of illegal employment (by filing taxes, by fraudulently claiming a right to work on Form I-9, and I am not sure if you ever claimed to be a US citizen in order to work or get student loans which are typically not given to undocumented immigrants and that would be a very serious crime and can completely destroy your chances of ever legalizing in this country even if comprehensive immigration reform passes), so filing for DACA will not make your situation any worse.  The Government already knows that you are working without authorization and does not need any more evidence to charge you for fraud, so by applying for DACA, you might actually do some good for yourself by preparing for RPI visa.

You see applying for DACA comes with certain risks since it is not US law yet.  In case immigration law is not changed and crimes like yours are not forgiven, a DACA application will come to bite people who apply.  While it seems unlikely that the Government will go after you for just this crime, many immigrants have been caught in routine workplace audits by ICE, and others who were caught for smaller crimes like driving without a license or having a broken tail light in their car or whatever law they break, these actions will then be combined to build a deportation case against them.

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