Trying To Straighten Out Earnings Record Results In Criminal Charge

From the Associated Press:

For five years Olivia Avila worked under a false name and bogus Social Security number at the National Beef meatpacking plant in Liberal to support her family. She kept working there after obtaining legal residency two years ago. But it was not until she went into the Social Security Administration to get credit for her earlier wages as an undocumented worker that her legal problems began — even though a loophole in federal law allows lawful immigrants to claim both legally and illegally earned wages in determining Social Security benefit eligibility. Avila, 51, was arrested at her job in June on six immigration-related counts after her visit to the Social Security Administration office in Wichita. Avila is now out on bond while awaiting her Oct. 16 trial on charges of using false documents to work in the United States and aggravated identity theft. ... At least two such recent immigration cases involving legal residents are now being prosecuted by the U.S. Attorney's Office in , although such prosecutions remain relatively rare. Fewer than 10 cases involving legal immigrants claiming Social Security benefits for past illegal earnings were filed within the last couple of years in Kansas. ... Jonathan Lasher, spokesman for the Social Security Administration's Office of Inspector General, said such crimes are a "separate issue" from benefit eligibility. ... "The law currently does allow that if someone gains legal status so that they now have a Social Security number that is legal, and they are authorized to work in the United States, the law does allow them to go back and get credit for any earnings they may have," said Mark Lassiter, spokesman for the Social Security Administration.