Dealing with U.S. immigration laws can be confusing, especially when it comes to working without permission. In this unlawful work & social security guide, we’ll look at how illegal work affects your situation and whether it counts 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.
Understanding Social Security Credits
Work Credits: To qualify for Social Security benefits, individuals need to earn work credits, which are based on their earnings. Typically, a maximum of four credits can be earned per year, and the amount required to earn a credit changes annually. For instance, in 2019, earning $5,440 would yield a maximum of four credits.
Impact of Unlawful Work on Social Security Credits
- Pre-2004 SSNs: If an individual was assigned a Social Security number (SSN) before January 1, 2004, they can count all covered earnings toward their insured status regardless of their work authorization status. This includes earnings from unauthorized work.
- Post-2004 SSNs: For SSNs assigned on or after January 1, 2004, individuals must have work authorization at the time the SSN is issued or later to count any earnings toward their benefits. This means that if someone worked without authorization after this date, those earnings would not count toward qualifying for benefits.
- Recovery of Credits: Individuals who have worked without authorization may still recover credits if they later obtain work authorization. They would need to provide documentation of their previous employment and earnings to the Social Security Administration (SSA) to correct their earnings record. This process often involves filing Form SSA-7008 to request corrections to their earnings record.
Risks and Considerations
- Legal Risks: Revealing past unauthorized work when seeking to correct an earnings record carries legal risks, as it may involve acknowledging prior illegal employment. Individuals must weigh the potential benefits of obtaining credits against these risks.
- Documentation Requirements: To successfully claim credits for unauthorized work, individuals must present adequate documentation, such as W-2 forms or tax returns filed using an Individual Taxpayer Identification Number (ITIN) if they did not have an SSN at that time.
- Social Security Protection Act of 2004: This legislation significantly impacted noncitizens’ eligibility for benefits based on their work history. It emphasizes the importance of having a valid SSN issued under proper authorization for those who wish to claim Social Security benefits later in life.
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.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for an H-1B Visa or B-1/B-2 Visa, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they face under U.S. immigration laws. Call us today at +234 812 5505 986 to learn how we can assist you.
