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Old Sep 8th 2005, 7:17 pm   #1
Marco
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Default Question regarding false claims of US Citizenship in forms

I'm married to a US Citizen whom I dated for over 7 years. I have been in
the country for over 11 uninterrupted years and entered legally as a
visitor under a B1/B2 visa. I have never been arrested and I have all the
documentation I need to begin the Green Card process, but there is a minor
detail that I fear might not work in my favor. Back in 1999 I applied and
enrolled in courses in a community college. On the application for
admission there was a section asking for my immigrant status and I simply
checked "US Citizen". I know this constitutes a false claim of US
Citizenship, but I don't know how it will affect my immigration procedure.
This is the only instance in which I have ever claimed to be a US Citizen.
I have never applied for any social benefits (welfare and such) or
financial aid or grants/scholarships.

My question is, what will be the consequences of this act in relation to
any immigration proceedings? Is this a serious offense? Should I be
worried?

Any help will be greatly appreciated!
 
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Old Sep 8th 2005, 10:17 pm   #2
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Default Re: Question regarding false claims of US Citizenship in forms

Quote:
Originally Posted by Marco
I'm married to a US Citizen whom I dated for over 7 years. I have been in
the country for over 11 uninterrupted years and entered legally as a
visitor under a B1/B2 visa. I have never been arrested and I have all the
documentation I need to begin the Green Card process, but there is a minor
detail that I fear might not work in my favor. Back in 1999 I applied and
enrolled in courses in a community college. On the application for
admission there was a section asking for my immigrant status and I simply
checked "US Citizen". I know this constitutes a false claim of US
Citizenship, but I don't know how it will affect my immigration procedure.
This is the only instance in which I have ever claimed to be a US Citizen.
I have never applied for any social benefits (welfare and such) or
financial aid or grants/scholarships.

My question is, what will be the consequences of this act in relation to
any immigration proceedings? Is this a serious offense? Should I be
worried?

Any help will be greatly appreciated!
If the following web site (from 2001) is still accurate, it looks as though you have made a big mistake. If you have made a false claim to citizenship for any purpose to anybody since September 30 1996 you are ineligible to receive a Green Card. See:

http://www.aquinolaw.net/Article15.htm

It looks as though the article is still accurate. The following in what USCIS has to say in the subject:

http://uscis.gov/lpBin/lpext.dll/ins...ment-frame.htm

Scroll down to section 212(a)(6)(C)(ii).

(ii) FALSELY CLAIMING CITIZENSHIP-



(I) IN GENERAL- Any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any other Federal or State law is inadmissible.



(II) EXCEPTION- In the case of an alien making a representation described in subclause (I), if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be inadmissible under any provision of this subsection based on such representation.


A waiver is available for non-immigrant visas only.
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Old Sep 9th 2005, 12:02 pm   #3
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Default Re: Question regarding false claims of US Citizenship in forms

Quote:
Originally Posted by Marco
I'm married to a US Citizen whom I dated for over 7 years. I have been in
the country for over 11 uninterrupted years and entered legally as a
visitor under a B1/B2 visa. I have never been arrested and I have all the
documentation I need to begin the Green Card process, but there is a minor
detail that I fear might not work in my favor. Back in 1999 I applied and
enrolled in courses in a community college. On the application for
admission there was a section asking for my immigrant status and I simply
checked "US Citizen". I know this constitutes a false claim of US
Citizenship, but I don't know how it will affect my immigration procedure.
This is the only instance in which I have ever claimed to be a US Citizen.
I have never applied for any social benefits (welfare and such) or
financial aid or grants/scholarships.

My question is, what will be the consequences of this act in relation to
any immigration proceedings? Is this a serious offense? Should I be
worried?

Any help will be greatly appreciated!
IMHO it was a very big deal. Bear in mind the I-485 asks if you have ever claimed to be a citizen? You must have answered No to get the green card, but now you have lied on the application, which again makes you ineligible.

Its attorney time!
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Old Sep 9th 2005, 2:12 pm   #4
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Default Re: Question regarding false claims of US Citizenship in forms

I don't usually give this type of advise... But.... play stupid! Forget
you ever did it. If it comes up (highly unlikely) just say you must have
checked the wrong box.

"Marco" <msalvatori82@hotmail.com> wrote in message
news:Xns96CB915721E36msalvatori82hotmailc@216.196. 97.136...
    > I'm married to a US Citizen whom I dated for over 7 years. I have been in
    > the country for over 11 uninterrupted years and entered legally as a
    > visitor under a B1/B2 visa. I have never been arrested and I have all the
    > documentation I need to begin the Green Card process, but there is a minor
    > detail that I fear might not work in my favor. Back in 1999 I applied and
    > enrolled in courses in a community college. On the application for
    > admission there was a section asking for my immigrant status and I simply
    > checked "US Citizen". I know this constitutes a false claim of US
    > Citizenship, but I don't know how it will affect my immigration procedure.
    > This is the only instance in which I have ever claimed to be a US Citizen.
    > I have never applied for any social benefits (welfare and such) or
    > financial aid or grants/scholarships.
    > My question is, what will be the consequences of this act in relation to
    > any immigration proceedings? Is this a serious offense? Should I be
    > worried?
    > Any help will be greatly appreciated!
 
Old Sep 9th 2005, 3:56 pm   #5
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Default Re: Question regarding false claims of US Citizenship in forms

Quote:
Originally Posted by CarlM
Its attorney time!
Absolutely agree. Before you do anything else relating to your application, go and see an attorney, a good one. Try:

http://www.aila.org/
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Old Sep 9th 2005, 4:06 pm   #6
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Default Re: Question regarding false claims of US Citizenship in forms

Quote:
Originally Posted by Guardenman
I don't usually give this type of advise... But.... play stupid! Forget
you ever did it. If it comes up (highly unlikely) just say you must have
checked the wrong box.
I would think very long and carefully before you follow this advice. There are all too many ways for information to leak out. The advice that comes up on this board again and again and again is "Tell the truth, no matter what," and that is what I did with regard to my criminal record.

The problem with the "play stupid," or as I call it the "tell another lie" approach is that you are just compounding the problem. If an attorney advises you that you have nothing to lose by that, well that's attorney-client advice. But look at it this way. You may be ineligible for an immigrant visa, but eligible for a non-immigrant visa. If you tell another lie you may find yourself barred forever. This means that you would NEVER be able to visit your wife's homeland with her for family events, etc.). Sit down and think what that means before making any decisions. Discuss it with her.

Again, I echo CarlM's advice: get a good attorney!
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Old Sep 9th 2005, 4:08 pm   #7
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Default Re: Question regarding false claims of US Citizenship in forms

[QUOTE=nettlebed] that is what I did with regard to my criminal record.

QUOTE]

(You a bit of a gangsta, Nettles??)
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Old Sep 9th 2005, 4:09 pm   #8
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Default Re: Question regarding false claims of US Citizenship in forms

[QUOTE=CarlM]
Quote:
Originally Posted by nettlebed
that is what I did with regard to my criminal record.

QUOTE]

(You a bit of a gangsta, Nettles??)
You talkin' trash 'bout my momma, bitch?

OT: Gangsta-rappa joke:

Q: Who was that bitch I saw you with last night?
A: That was no bitch, that was my ho'
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Old Sep 9th 2005, 4:54 pm   #9
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Default Re: Question regarding false claims of US Citizenship in forms

[QUOTE=nettlebed]
Quote:
Originally Posted by CarlM
You talkin' trash 'bout my momma, bitch?

OT: Gangsta-rappa joke:

Q: Who was that bitch I saw you with last night?
A: That was no bitch, that was my ho'
True dat..

(no idea what that means, but am trying to get into the spirit of this OP hijacking!)

Last edited by CarlM; Sep 9th 2005 at 4:57 pm.
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Old Sep 9th 2005, 9:44 pm   #10
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Default Re: Question regarding false claims of US Citizenship in forms

CarlM <member37844@british_expats.com> wrote in news:34$324934$2772542
$1126284867@britishexpats.com:

    >
    >> You talkin' trash 'bout my momma, bitch?
    >> OT: Gangsta-rappa joke:
    >> Q: Who was that bitch I saw you with last night?
    >> A: That was no bitch, that was my ho'
    >
    > True dat..
    >
    > (no idea what that means, but am trying to get into the spirit of this
    > OP hijacking!)
    >


Hehe, nothing like a little humor to lighten up a bad situation.

But damn if I had any idea how serious this would end up being! Here I am
thinking I was actually doing a GOOD thing by enrolling in school and
getting good grades, even if it was by lying a bit. This law seems to be
extremely harsh, especially when you consider that many more people get
jobs by presenting false documentation (which IMO seems like a more serious
offense), and many more cross the border by swimming across the Rio Grande.

Anyway, thanks for everyone's advice however silly may have seemed =), I
think I will definitely contact a good lawyer and see what options I have
at this point, because it would really break my wife's heart if I couldn't
stay. I mean, if OJ Simpson can get away with murder...

Just out of curiosity, does anyone know of somebody who did lie in the
application regarding this issue and actually got away with it?
 
Old Sep 9th 2005, 11:51 pm   #11
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Default Re: Question regarding false claims of US Citizenship in forms

Marco, this is not George Orwell's 1984 ! The USCIS knows alot, especially criminal issues, but they cannot possibly know everything, don't you agree?
Was this a class just for US citizens only? How could an outstanding person tell that you pretended to be a US citizen? If the USCIS would find this out without your 'help' you would only be in more trouble when the adjudication officer would believe that you tried to lie about it. If Big Brother would find out about it, could you convincingly make case that you are not aware of that ever checked the 'US Citizen' checkbox?
You could also check with your college to see if they still have your paperwork. Chances are that they did not keep the 'evidence' at all ... so how could somebody tell what checkmark you ever selected in your live ?
I would also advocate for honesty in most cases but sometimes bureaucracy is spelled with 'z' and it is better not to fight a loosing battle.
You should find out with a lawyer what your worst case options are. Could you fight deportation in some way? A good lawyer could tell you the best way to react when the USCIS would bring it up by itself (reacting without making the situation worse) ... like fainting to gain some time until your lawyer can be notified ...just kidding.

Rainer
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Old Sep 14th 2005, 5:48 am   #12
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Default Re: Question regarding false claims of US Citizenship in forms

"Marco" <msalvatori82@hotmail.com> wrote in message
news:Xns96CCAA5165D35msalvatori82hotmailc@216.196. 97.136...
    > CarlM <member37844@british_expats.com> wrote in news:34$324934$2772542
    > $1126284867@britishexpats.com:
    >>> You talkin' trash 'bout my momma, bitch?
    >>> OT: Gangsta-rappa joke:
    >>> Q: Who was that bitch I saw you with last night?
    >>> A: That was no bitch, that was my ho'
    >> True dat..
    >> (no idea what that means, but am trying to get into the spirit of this
    >> OP hijacking!)
    > Hehe, nothing like a little humor to lighten up a bad situation.
    > But damn if I had any idea how serious this would end up being! Here I am
    > thinking I was actually doing a GOOD thing by enrolling in school and
    > getting good grades, even if it was by lying a bit. This law seems to be
    > extremely harsh, especially when you consider that many more people get
    > jobs by presenting false documentation (which IMO seems like a more
    > serious
    > offense), and many more cross the border by swimming across the Rio
    > Grande.

I should have asked the other day but... When you took this class (or
classes) did you get any kind of government aid? Or did you just pay for it
and enroll? I sort of assumed you just paid for the classes. If you got
financial aid from a government source, it would be a very bad thing to lie
about. If you were just trying to get into a community college, chances are
no one will check.
It goes without saying you need to get a lawyer. My belief is if you
just act like you never even realized you checked the wrong box, chances are
no one will ever find out, if they do just say it was a typo.
Of coarse this also assumes you would have been admitted to the school, if
you were not a US citizen.



    > Anyway, thanks for everyone's advice however silly may have seemed =), I
    > think I will definitely contact a good lawyer and see what options I have
    > at this point, because it would really break my wife's heart if I couldn't
    > stay. I mean, if OJ Simpson can get away with murder...
    > Just out of curiosity, does anyone know of somebody who did lie in the
    > application regarding this issue and actually got away with it?
 
Old Sep 23rd 2005, 3:34 pm   #13
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Default Re: Question regarding false claims of US Citizenship in forms

Why are you remembering it?
 
Old Sep 23rd 2005, 3:39 pm   #14
Yamuna
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Default Re: Question regarding false claims of US Citizenship in forms

He couldn't have gotten financial aid as he would have been checked if
he applied for it.

Am I right Marco?
 
Old Sep 24th 2005, 12:05 pm   #15
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Default Re: Question regarding false claims of US Citizenship in forms

I have similar problem in this category and am hoping someone can give me some advice. On my mortgage refinance paper, the mortgage company incorrectly checked the box flagging me as a US citizen. I made a note of on the draft, but unfortunately at the signing session I did not check (you know with the million places you have to sign) and only recently I find that they did not change it. I had made it clear to them that I am not a US citizen and the paper work for the initial mortgage was checked correctly. I contacted the attorney that handled my refinance about fixing the paperwork and he recommended I forget about it since I was not the one that actively made the claim and that I can check no on the application. Any advice on how I can handle this would be greatly appreciated.
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