Using phony SS card not a bar to citizenship

AP

The Statue of Liberty stands tall in New York Harbor, a beacon to immigrants worldwide.

Q. I once worked using a phony social security card. Will that keep me from getting U.S. citizenship? When I first came to the United States, I had trouble finding work. Everywhere I went, employers asked me for a social security card. Finally, I paid someone to get me a card using someone else's documents. Later, when I got my own employment authorization from the U.S. Citizenship and Immigration Services, I got a new card at the Social Security office. The clerk there said she corrected the information in my social security records.

I.O., N.Y.

A. Your having worked using a phony social security card shouldn't keep you from naturalizing. Using a false card is not, by itself, grounds for denying you U.S. citizenship. Note however, that making a false claim to U.S. citizenship is grounds for denying permanent residence and for deportation. If when using your phony social security card to work you claimed that you were a U.S. citizen, and USCIS finds out, you could have problems. Courts have restricted immigration's right to penalize a person for claiming U.S. citizenship in employment. If you have concerns however, see an immigration law expert before applying for naturalization. I doubt USCIS will deny you citizenship, but you should be ready should that happen. That said, getting a new card was the right thing to do. If your employers were deducting taxes and reporting your income using the phony card, the Social Security Administration should credit your social security retirement payments to your new account. So, by "reconciling" the two accounts, if you retire in the United States you can get credit for all the time you worked.

Q. I came here in 2006 legally on a three-month visa and never left. Can my U.S. citizen sister petition for me? If so, how long will it take?

Anonymous, N.Y.

A. As a U.S. citizen, your sister can petition for you for permanent residence. Your having overstayed may make your getting a green card difficult. However, since the wait for the brother or sister of a U.S. citizen is at least 11 years, you have plenty of time to worry about that. Our immigration laws may change by the time you qualify. Despite the long wait, I suggest your sister go ahead and petition for you.

The long wait in your case is because of the long backlog in the Fourth Family Preference category. That category is for the brothers and sisters of U.S. citizens. For nationals of most countries the wait is more than 11 years. For nationals of China, Mexico and the Philippines, the wait is longer. I'm not a fan of the quota system. It seems to me that we should decide which relatives of U.S. citizens and permanent residents we want to admit to the United States and then let them all come. To make the siblings of U.S. citizens wait years makes no sense.

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