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Can I pay taxes getting paid cash while being an illegal immigrant?

I am a young illegal (aka... a DREAMer) I am in the process of getting deferred action (Thanks president Obama.) In the meantime; I still need a job to provide for my wife and kid so I am looking. I have various offers. Problem is... My immigration lawyer is telling to not submit any fake paperwork (like a SS card or a Green Card) because it will hurt my chances of getting 'deferred action.' So what I am doing, is looking for a job that pays me cash. But I wish to continue to pay taxes. I know there is a form I can fill out to pay taxes when getting paid cash. I already have an ITIN because I was on the payroll at one point so I was automatically paying taxes already. How did I get that job? Well I just made up a SS number (didn't steal or buy anyone's information.) 10 years went by, the company found out so they had to let me go. I've been struggling since to feed my family. I am trying get a job but I can't get it like last time if I want deferred action. So my real questions are:

1) can I get a cash job as an illegal, without having to submit any fake paperwork and still pay taxes?

2) Whoever my potential employer may be... will he/she get in any legal trouble for giving me employment?

I ask that question because OBVIOUSLY the government will know I am working for someone if am reporting my taxes.

This is a complicated question so I appreciate anyone taking the time to answer it.

Thanks

5 Answers

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  • ?
    Lv 7
    8 years ago
    Favorite Answer

    Using a fake SSN in regard to an I-9 form which anybody who gets hired has to fill out is document fraud. That's a felony. If you use another person's identity knowingly, that's identity theft, a bigger felony. And if the SSN you made up happens to a US citizen, then that's; "false claim of US citizenship," and that's the worst non-violent crime a foreigner in the US can commit. It makes you ineligible for immigration for the rest of your life. That's why your attorney told you not to do that.

    Now, it's a great idea to file taxes. The USCIS knows that you are working, so showing them your tax return is a perfect way to shut them up. It's not about the amount per se, it's about you doing what you are required to do: filing at all, as . . . you guessed it, tax evasion is another felony!

    You simply declare your income as 1099 income. Basically you are a subcontractor, and even if you do not get any paperwork, it's perfectly okay to say: "here, I made $850 per month on average last year, and I have a wife and a child, so here is my tax return." You would only have to pay $15.4% self employment tax, and all of this goes into your own SSA account, so it's like saving for retirement! Know that you need to pay at least 40 quarters (10 years) into SS in order to be able to get "money back" in SSA benefits once you are ready to retire at age 62 (reduced benefits), age 66-1/2 (full benefits), or 70 (even more benefits).

    Source(s): An immigrant of German and Swedish descent, I live in the charming old mission town of San Buenaventura and work as a corporate attorney in Santa Barbara, California.
  • Jenny
    Lv 7
    8 years ago

    If you do not have a work permit, you cannot work legally in the US. If you can find employment illegally and get paid in cash, you can till pay "taxes" by simply donating part of your cash earnings to the US Treasury.

    Gifts to the United States

    U.S. Department of the Treasury

    Credit Accounting Branch

    3700 East-West Highway, Room 622D

    Hyattsville, MD 20782

    http://www.fms.treas.gov/faq/moretopics_gifts.html

  • 8 years ago

    Do not work or look for work until you obtain deferral of deportation and employment authorization. How you are going to get approval for DACA when you have already committed fraud (using false SSN, using ITIN as SSN to obtain employment is likewise fraud) is a mystery - commission of any crime makes you ineligible for DACA.

    Yes, any employer who hires anyone without legal authorization to work in the US is subject to $10,000 fine. And if you use your fake SSN or ITIN to falsely claim US citizenship or authorization to work, you are guilty of fraud. Again!

    Withdraw your DACA application and get out of US urgently. Return to your country of citizenship at your expense, or else you are going in chains & handcuffs under armed guard. Anyone who applies for DACA who has committed a crime is deported immediately, no deferral of deportation for them.

  • Anonymous
    8 years ago

    If you hide information in which they later find out

    you will be deported in a snap ... never lie

  • 8 years ago

    You need to talk to your lawyer and do what they tell you.

    And, your writing is excellent,

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