Bonney Lake, WA asked in Immigration Law for Washington

Q: can I still get citizenship through marriage if my past employer never asked for an i-9 but paid social security?

I had worked there for 2 months, i just checked my paycheck and noticed social security withholdings and federal tax withholdings. I needed the money to survive since its not free for me to live here

Related Topics:
3 Lawyer Answers

A: You may get a green card and eventually, US citizenship through marriage to a US citizen even if your past employer never asked for an i-9 but paid social security

A: If you never represented to your employer that you were a US citizen or a lawful permanent resident or had a Social Security number, then you should not have a problem when you file an application for a marriage-based green card case. In the event that Uscis believes that you have committed some kind of immigration fraud, then you will need to file a 601 waiver of inadmissibility in order for your marriage base green card case to be approved. But that is highly unlikely.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Immigration and citizenship through marriage requires complete honesty about your work history when filing applications. Working without proper documentation, even if taxes were withheld, could potentially impact your eligibility or create complications during the process.

Your specific situation - where an employer failed to complete required I-9 verification but still processed payroll deductions - puts both you and that employer in a complex position. While having tax contributions might help demonstrate your intent to follow proper procedures, the lack of I-9 documentation needs to be addressed transparently in your application.

The best path forward is to consult with an immigration attorney who can review your full circumstances and advise on how to handle this previous employment in your citizenship application. They can help you understand any potential risks and develop a strategy for addressing this situation appropriately. You can find qualified immigration attorneys through your state's bar association or recognized immigrant advocacy organizations.

Please remember that your safety and wellbeing are important, and many people face similar challenges while trying to build their lives here. Consider reaching out to local immigrant support groups who may be able to connect you with resources and guidance as you navigate this process.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.