August 4th, 2025

If you are an immigrant in New Jersey who has ever used a fake or borrowed Social Security number (SSN) to work, pay taxes, or apply for benefits, a new immigration precedent could drastically impact your case.

In Matter of Gonzalez Jimenez, 29 I&N Dec. 129 (BIA 2025), the Board of Immigration Appeals upheld the denial of cancellation of removal and voluntary departure because the respondent had used false SSNs and filed fraudulent tax returns. It is an absolutely chilling ruling that illustrates the real-life consequences of such conduct, especially in this climate where the government is aggressively pursuing enforcement.

What the Case Is Actually About

Contrary to some confusion online, Gonzalez Jimenez does not hold that using a fake SSN is categorically a crime involving moral turpitude (CIMT). This act, in and of itself, is not a criminal basis of deportability—unless one is possibly convicted. Instead, it confirms that such use—especially if sustained over time and combined with tax fraud—can be a strong negative discretionary factor when deciding whether someone merits relief like cancellation or voluntary departure.

The BIA emphasized:

  • The conduct spanned many years
  • The SSNs used were not his own
  • False tax returns were filed under those numbers
  • The respondent’s claims of ignorance and reliance upon defective professional advice lacked credibility given the circumstances

This behavior reflected dishonesty and deception, which immigration judges can heavily weigh when considering whether someone deserves relief—even if they’re otherwise eligible.

Why This Case Matters for Immigrants in New Jersey

Many undocumented and illegal immigrants in New Jersey have used false documents—including fake SSNs—to work and support their families. But under Gonzalez Jimenez, such actions can now:

  • Be used to deny discretionary relief, like cancellation of removal
  • Undermine claims of good moral character
  • Reduce the weight of positive equities, such as long presence in the U.S. or American born children
  • Militate against a grant of voluntary departure, or possibly adjustment of status

If you are currently applying for any benefit—or facing removal proceedings and applying for relief—this decision may play a significant role in your outcome.

Fake SSN vs. Identity Theft: Not All Misuse Is Equal

  1. Using a fake or made up social security number

This occurs when someone uses a number not officially assigned to anyone. While still very much problematic, as demonstrated in this case, it is generally viewed as less egregious than identity theft.

  • May be considered a negative factor under discretion
  • Can raise concerns about or constitute grounds for an allegation of fraud or misrepresentation
  • May still be overcome with strong positive equities and/or a waiver

2. Using Someone Else’s Real Social Security Number (Impersonation)

This is much more serious and constitutes identity theft. It may lead to:

  • Criminal charges, including under federal law
  • A finding of fraud or willful misrepresentation
  • Being barred from adjustment, cancellation, or naturalization without a waiver
  • Automatic denial of many forms of immigration relief

If you knowingly used a real SSN belonging to someone else, this may constitute impersonation, with both criminal and immigration penalties. Such conduct may trigger both federal/state prosecution as well as a Notice To Appear for Removal Proceedings.

The Role of Discretion in Immigration Cases

Not all immigration relief is a right—in many cases, it is often granted at the discretion of a judge or officer. Discretionary relief includes:

  • Cancellation of removal
  • Voluntary departure
  • Adjustment of status
  • Waivers of inadmissibility (I-601 and I-601A to name a few)

In Gonzalez Jimenez, the BIA found that even with 20 years in the country, U.S. citizen children, and a history of steady work, the respondent’s reprehensible fraudulent behavior and disingenuous claims of ignorance outweighed the positive factors.

How to Strengthen Your Case If You Have Used a False SSN

If you have ever used a false SSN or committed tax fraud, here are some critical steps:

Gather Evidence

  • Copies of all tax filings
  • Employment records
  • Proof of any legal advice given (emails, letters, notes)
  • Character letters, volunteer records, or hardship documentation

Work With a Skilled Immigration Attorney as well as possibly criminal defense and taxation counsel

You will need a strong legal strategy to not only balance the negative factors with the positives, but also possibly to rectify inaccurate and defective filings. Taking ameliorative action and rehabilitation can be especially important in discretionary relief cases.

Frequently Asked Questions: Immigration and Fake Social Security Numbers

Can using a fake Social Security number affect my green card application?
Yes. Even if you are otherwise eligible, knowingly using a fake or fraudulent SSN—especially if it involved false tax filings or worse, impersonation—can lead to discretionary denial of your green card. Matter of Gonzalez Jimenez now arguably provides the legal authority and precedent for USCIS to undergird its decisions.

Is using someone else’s SSN worse than using a made-up number?
Yes. Knowingly using another person’s real SSN constitutes identity theft, which is a more serious and blatant form of misconduct than simply using a fictitious number. It can result in criminal prosecution, a finding of fraud, and bar you from many forms of immigration relief unless waived.

What if I didn’t know it was illegal to use a fake SSN?
Ignorance of the law generally isn’t a valid defense. However, in limited circumstances, if you were misled by a tax preparer, employer, or attorney, there may be mitigating circumstances. Credibility as well as conduct will be weighed against professions of lack of knowledge.

Can I still apply for cancellation of removal if I used a false SSN?
You can apply, but grants are highly discretionary. Immigration judges will weigh your false SSN use and any fraudulent filings against any positive factors, such as U.S. citizen family, length of residence, and good moral character.

Does the Gonzalez Jimenez case mean everyone who used a fake SSN will be denied relief?
No. The case clarifies that use of a false SSN is a negative discretionary factor, not an automatic bar. But it raises the standard: immigrants must now present stronger positive equities to outweigh the past misuse.

Speak With an Experienced Immigration Lawyer in New Jersey

At Lee & Garasia, LLC, we have helped countless immigrants across New Jersey navigate complicated immigration challenges—including those involving fraud and use of false documents. If you have ever used a fake or borrowed SSN and are applying for immigration benefits or relief, it is critical that you consult with an immigration attorney in New Jersey who is experienced in these matters and understands how this kind of conduct is treated. We proudly serve all of New Jersey—including major cities like Jersey City, Newark, Edison, Iselin, Plainfield, Freehold and Red Bank.