Kenosha, WI asked in Immigration Law for Wisconsin

Q: What is the legal definition of an “undocumented alien”?

When applying for government benefits for myself and my children (all citizens,) the agency referred to my husband (a lawful permanent resident) as an “undocumented alien” since we did not submit my husband’s SS number to the agency as we wanted him excluded from the benefits (although his income is counted towards our household income). The agency seems to think an alien is undocumented until the alien shows his documents, but I am pretty sure an “undocumented alien” is a legal term which means that an alien is illegally residing in the country. I am concerned about legal ramifications of inaccuracies on our paperwork. Am I justified in trying to get the agency to leave that section of the form blank?

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1 Lawyer Answer
Hector E. Quiroga
PREMIUM
Hector E. Quiroga
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: The agency probably assumes he is undocumented because you didn’t submit his SS#. If he is a permanent resident, he is a legal alien.

It is hard to say what the agency wants. Your best bet might be to go the office with which you are working or write a letter to explain the situation.

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