How can an illegal alien have a valid Social Security Number?

Question

I hired a European national who when hired produced a Social Security card. The verification from the SSA also came back as valid and the card had no " not valid for employment" printed on it.
She filled out her I-9 and everything looked good. Now, a month later I heard through the grapevine that she has overstayed her visa and is an illegal alien for she never applied for citizenship or anything else to legalize her presence here in the US.
Upon asking her about this, she admitted that this was indeed the case. Not knowing what to do in this situation, I have put her on absent leave until further notice. She has been in the US 20+ years and obtained her SS card through regular legal channels. Went to school here and all. I want to know how it is this lady can live here that long have a valid SS card and everything else being an illegal alien. Also..who can i contact to verify her immigration status without putting her at risk of being deported or anything? Thanks.

Warren Z

Answer 1

Well, a Social Security Card is not going to say "not valid for employment." What it will say is something like it must be used along with current immigration documents. That's what mine says.

She has admitted never regularizing her situation. So it suggests that the SSC was obtained illegally. You know this so you have to take action. I think you have made a good start. The next step depends entirely on your conscience and your desire (or not) to help her. As I see it you have two choices:

You could go to the SSA and ask them to investigate further. That may well lead to her deportation. Or you could decide that you want to help this person become legal. I know employers who will do that. Why not see if an immigration attorney will give you half an hour to explore the issues? Simply being here illegally does not mean that the illegal will be deported on being found out, especially if she has used the card to obtain employment and has paid taxes. She will need an attorney to help her. Many people say you can file for legal immigrant status without a lawyer. I disagree (and I am not a lawyer). She needs an expert batting for her.

Now that you know, you do not have the option of doing nothing. Your personal values will guide you to the right decision for you.

This country needs more employers like you who care about doing the right thing. Good luck sorting this out.

Answer 2

If she obtained her SS# over 20 years ago, she was probably legal back then. She admitted to overstaying her visa, which means she WAS here legally, but NOW isn't. Maybe she never put in her visa renewal (you said she confirmed that she never applied for citizenship or to legalize her presence here), or maybe she figured that since the US is taking it easy on illegals that she'd save the time and money and just stay here like the Mexicans do. You'd have to ask her to get all the pertinent details.

That said, everything checked out ok when you hired her, but her status changed, so you're probably right to put her on leave until the situation is resolved.

As for finding out her immigration status, I'm sure the INS has an 800 number you can call. She should have her old expired documents you can use to get a case number or something. I doubt the phone system is going to send an INS officer after her (unless we're living in the post-futuristic Terminator world), so you should be able to obtain the information you need without risking her being deported.

Answer 3

Not many at all can get legal ss#'s.There are a few who have managed.My husband for one.He is an illegal from mexico.he got caught at the border and got put in jail in New Mexico.Fortunately for him (but unfortunate for the other guy),he knew the name of the person helping people get across illegally and testified in court against the man.For all his help the USA gave him a social security card (valid and his alone) and they gave him temporary stay in america for 3 months.He was supposed to go back,but he met me and stayed.That was almost 10yrs ago.We are in the process of legalizing him,but it is costly and takes alot of time.

I don't know her circumstances for gaining her ss#.And if she admitted to being illegal,then why do you need to verify this?She should know.And I doubt she would lie about her illegal status.If anything,she'd lie and say she was legal.All,I know is that 20yrs ago,the laws were way different.She doesn't know how she got her ss#?Ask her.

If you call INS,they could put deportation out on her.Is that what you want?Thats the only way you will truly know for sure.I'd take her word for it.It seems she's been pretty honest so far.

Good luck.

Answer 4

it is probably ID theft. how close is the picture ID to her appearance? is it tampered with? you can make some really good fakes if you have the cash. she would never have gotten a social security card in the first place if she was not legal, or if she did, maybe she did something to get her legal status revoked. or maybe the people at the SSA just screwed up. i cant think of any way to call and ask what happened. have you tried doing a backround check on that number and adress thu a private company?

Answer 5

As I understand it, when she obtained her SS# she was in fact, legal. And as far as I know, a SS# has nothing to do with her immigrant/visa/naturalization status ie; it is independent of her citizenship and only refers to her earning status in the US. While you are doing your research, ask your lawyer to what ends you are liable for hiring her as an illegal.

Answer 6

Maybe the President will accomplish something right for a citizen legal or illegal while he's in office.

Answer 7

First why would an a business owner hire someone with a s.s. card that had "not valid for employment" written on it, dah!!!! You put yourself into the underground business of hiring illegals from what ever part of the world they came from. How do you like the world of crime!

Answer 8

because corporate America wants it that way. The companies that hire them want them to help hire illegals. Illegals pay for the numbers from dealers WHO GET THEM FROM DEAD AMERICANS.

Corporate morals are in the dumpster. Since when do they care about anything other than the bottom line?

Answer 9

she probably had a temporry visa with limitations and fell through the cracks to a flawed immigration system, or new of a way to circumvent the system and it just now caught up with her.

but wait--you know that she is the case, she admitted it to you?
and you understand it?
and are trying to protect her, but are trying to protect yourself as well.


I see where youre coming from
you want to protect her but dont want to get yourself in trouble too right
well pay her under the table
straight cash
that will help her, and should keep you good in the eyes of the IRS -- unless you get audited or something.

but its your choice.
with this messed up government sometmes doing the 'bad' thing is sometimes doing the good thing

but every action has its consequences
if you can get away with it pay her under the table
youll be helping her out
and getting loyalty from a worker that you cant get from hiring a stupid college kid and youll be helping out her family

takes some balls but its worth it if you value people
if the immigration people end up catching up with her, well they might send her away but t least you did what you could for as long as you could
so i guess it all comes down to what kind of balls you got

I bet shes a hottie and youre trying to get laid -- or you already did.
European. I thought she was mexican where work is harder down here.
but if she is someone who would have it hard in her country same as above.
if shes just a hottie who could easily get another job in europe with no family or ties here, send her away shes just an opportunist using you to get by.

theres a big ifference from a mexican trying to work with a family , who cant get a job then some chick who just wants to be in the states

Answer 10

Not legally.