Deferred Action Applicants Only Need to Enter Official Social Security Numbers

The I-765 and Social Security Numbers

More good news.  Deferred Action applicants who are filling out question 9 on the I-765, Work Authorization Application, DO NOT need to list and Social Security numbers that were not officially issued to them.

We understand that many of those who entered the US without inspection attempt to use a false Social Security number in order to work.  We have received many questions regarding this issue and how to answer question 9 in the I-765.  Previously, it was difficult to say since we wanted applicants to be as forthright as possible.  But every Deferred Action applicant is declaring themselves as having entered the country without inspection.  Using a false Social Security number in addition could have been a disqualifying factor.  We were advising clients on a case-by-case basis.  For example, we examined whether they had a criminal record or any other potential problems before we advised them on listing or not listing their Social Security numbers.

This ruling takes the issue off the table and makes it simpler to fill out the I-765 and to advise on the rest of the application.  We are glad to see this new policy take effect and hope that it attracts more qualifying individuals to apply for Deferred Action.

First Deferred Action Cases Are Approved!

USCIS announced that they began accepting Deferred Action for Childhood Arrivals cases.  

Sarasota Immigration Attorney Victoria Jaensch Karins

USCIS announced that they have begun approving Deferred Action for Childhood Arrivals cases.

Sarasota Immigration Attorney Victoria Jaensch Karins says this is great news.  It means that USCIS is moving more quickly on these cases than anticipated.

Deferred Action could help hundreds of thousands of people who are currently living in constant fear of deportation.  Once granted, it can open the door to quite a few possibilities.  For one thing, those who are granted Deferred Action and employment authorization receive a valid Social Security number.  Secondly, they can apply for Advance Parole which may allow them to travel out of the country.  Lastly, being granted Deferred Action allows individuals to apply for a valid Driver License.

All of these are good benefits.  The Driver License will help all those who cannot drive legally at the moment due to their status.  The Social Security number helps all those who are currently using a false number in order to work.  It is possible that Advance Paroles will allow Deferred Action grantees to travel.  It may be additionally helpful for those who are married to US-citizen spouses because it could allow them to submit their green card applications in the U.S. rather than going through the lengthy waiver process at a U.S. consulate abroad.

Despite this, we have noticed some hesitancy among potential applicants.  We understand that there are two major reasons for this hesitancy.  Some fear that applying for Deferred Action will increase the possibility of deportation since they will be declaring themselves to the government.  Others have voiced a more general concern; is it worth applying?  This is a good question because there is a possibility that this new policy will not be extended which would  deny applicants the ability to renew after 2 years.

We can assure applicants that the USCIS has stated that it will not share their information with the enforcement bureau, ICE, except in certain situations relating to criminal matters, fraud or national security.  In addition, we believe that the potential benefits of Deferred Action outweigh the costs.  The possibility of obtaining a Social Security number and a valid Driver License, not to mention the opportunity to apply for Advance Parole, are benefits that applicants may not be presented with again.

Regardless of the reason for applying, we once again urge all potential applicants to ask a legal professional to help them.  We have heard many questions regarding the application for Deferred Action.  “Should I include all my Social Security numbers?”  “How do I prove residency?” Etc.  Unfortunately, there are many “notarios” who are trying to defraud applicants the way they did back in 2001 with the extension of law 245(i).  Please seek the help of an experienced and ethical immigration attorney in order to avoid this situation.

Related Articles:

1. Those granted Deferred Action can Apply for Advance Parole!
2. How to deal with the Social Security number issue.
3. Como debo responder si he usado un numero de Seguro Social falso?