Navigating the maze of U.S. immigration laws can feel overwhelming, especially when it comes to understanding how working without authorization affects the process. In this detailed guide, we’ll explore the Unlawful Work & Social Security and whether working unlawfully can count towards the 40 quarters needed to skip the I-864 Affidavit of Support requirement.
Working Illegally and U.S. Immigration
When a U.S. citizen marries someone who overstays their nonimmigrant visa, it’s crucial to grasp the implications of their immigration status. Unlawful entry into the U.S. can bring significant challenges, making legal entry the preferred route for those aiming to apply for a green card through the “adjustment of status” process.
The Importance of Legal Entry For Unlawful Work & Social Security
Legal entry into the U.S. is vital because it eliminates two common reasons for being deemed inadmissible:
Exceeding Legal Stay:
Individuals who enter the U.S. illegally often accrue unlawful presence over time, complicating their path to becoming lawful permanent residents.
Unauthorized Employment:
Working without permission in the U.S. can further complicate an individual’s immigration case. Those who enter legally have an easier time adjusting their status.
Considering Unlawful Employment for the I-864
Now, let’s focus on the main question: Can working unlawfully count towards the 40 quarters needed to skip the I-864 Affidavit of Support? The good news is that U.S. immigration laws don’t require the noncitizen’s work to have been authorized by U.S. immigration authorities. Instead, the emphasis is on meeting the Social Security Administration (SSA) requirements.
Valid Social Security Number (SSN) For Unlawful Work & Social Security
To count unlawful employment towards the 40 quarters, the individual must have a valid Social Security Number (SSN). This SSN can be obtained during their time in the U.S. through various means, such as:
- Work Visa (e.g., H-1B): Some obtain a valid SSN while working under a work visa.
- F-1 Student Visa: Those on an F-1 student visa may apply for work authorization through USCIS during their studies.
It’s essential to note that the SSA requires individuals to have earned above a minimum amount per year to count each quarter. Since this minimum varies annually, it’s crucial to stay updated.
Checking SSA Earnings Records
To determine if unlawful employment can be counted towards the 40 quarters, both partners should access the My Social Security page on the SSA website and create accounts. This step is crucial for reviewing their earnings records, which play a significant role in their immigration case. Any discrepancies should be addressed promptly.
Work Using False SSN
It’s critical to stress that work done using a false SSN or someone else’s SSN won’t count towards the 40 quarters needed to skip the I-864 Affidavit of Support. Using fraudulent information for employment could lead to legal trouble.
Getting Legal Assistance For Unlawful Work & Social Security
While having a valid SSN and entering the U.S. legally can simplify the green card application, seeking legal help from an experienced immigration attorney is advisable. This is particularly important if there are concerns about unlawful employment or other legal issues.
Consulting an Immigration Lawyer
U.S. immigration laws have ways to handle illegal work. However, for those who entered legally, worked with a valid SSN, and are marrying a U.S. citizen, the impact on the green card application is likely minimal. Nonetheless, consulting an immigration lawyer ensures a thorough analysis and compliance with the law.
Understanding the complexities of unlawful employment and its effects on immigration is crucial for navigating the U.S. immigration system successfully. While having a valid SSN and legal entry can be beneficial, seeking legal guidance is always wise to ensure compliance.
