re: What is a "benefit under the law"?
Feb 3rd 2004, 11:04 am
#1
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re: What is a "benefit under the law"?
Originally posted by crg14624
The most common application of this law is related to false claiming US citizenship at the border. In that case, the benefit you are applying for is admission to the United States. Simply gaining entry to the U.S. is considered a benefit.
I don't think claiming US citizenship to get a loan would make you inadmissible to the U.S. under 6C. However, some banking documents are federally supported and guaranteed so I guess they could press the issue. You may be committing a CIMT (crime involving moral turpitude) because you are committing fraud. A conviction for that would keep you out under 212(a)(2)(A)(i)(I). So if they convicted you of fraud for the application you could be kept out anyway.
As far as unlawful voting, that is section 212(a)(10)(D) but 212(a)(6)(C)(ii) could also apply.
The most common application of this law is related to false claiming US citizenship at the border. In that case, the benefit you are applying for is admission to the United States. Simply gaining entry to the U.S. is considered a benefit.
I don't think claiming US citizenship to get a loan would make you inadmissible to the U.S. under 6C. However, some banking documents are federally supported and guaranteed so I guess they could press the issue. You may be committing a CIMT (crime involving moral turpitude) because you are committing fraud. A conviction for that would keep you out under 212(a)(2)(A)(i)(I). So if they convicted you of fraud for the application you could be kept out anyway.
As far as unlawful voting, that is section 212(a)(10)(D) but 212(a)(6)(C)(ii) could also apply.
If a person claimed to be a US citizen on a mortgage loan application (loan applications have a question if you are a US citizen), is a mortgage loan a benefit under the law for 212(a)(2)(A)(i)(I) purpose. It is a conventional mortgage, not a VA/FHA government guaranteed loan. The only thing I can think of that can relate it to 212(a)(2)(A)(i)(I) is that most of the banks have FDIC - some sort of governemnt insurance of deposits. I have no idea how relevant this is.
Since the claim was made inadvertently (our mortgage broker filled out the applications and never asked about being US citizen) and we just signed it without looking, I suppose this is not considered "fraud" but a rather a "negligent misrepresentation" since there was no intent to deceive anyone.
Would this be held against a person applying for naturalization?
Feb 3rd 2004, 11:15 am
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Re: re: What is a "benefit under the law"?
Originally posted by User37283
If a person claimed to be a US citizen on a mortgage loan application (loan applications have a question if you are a US citizen), is a mortgage loan a benefit under the law for 212(a)(2)(A)(i)(I) purpose.
If a person claimed to be a US citizen on a mortgage loan application (loan applications have a question if you are a US citizen), is a mortgage loan a benefit under the law for 212(a)(2)(A)(i)(I) purpose.
I meant 212(a)(6)(C)(ii) - false claim of citizenship, not the 212(a)(2)(A)(i)(I).
Feb 3rd 2004, 11:19 am
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Re: re: What is a "benefit under the law"?
If a person claimed to be a US citizen on a mortgage loan application (loan applications have a question if you are a US citizen), is a mortgage loan a benefit under the law for 212(a)(6)(C)(ii) purpose (false claim of citizen ship to get a benefit under any law). It is a conventional mortgage, not a VA/FHA government guaranteed loan. The only thing I can think of that can relate it to 212(a)(6)(C)(ii) is that most of the banks have FDIC - some sort of governemnt insurance of deposits. I have no idea how relevant this is.
Since the claim was made inadvertently (our mortgage broker filled out the applications and never asked about being US citizen) and we just signed it without looking, I suppose this is not considered "fraud" but a rather a "negligent misrepresentation" since there was no intent to deceive anyone.
Would this be held against a person applying for naturalization?
Since the claim was made inadvertently (our mortgage broker filled out the applications and never asked about being US citizen) and we just signed it without looking, I suppose this is not considered "fraud" but a rather a "negligent misrepresentation" since there was no intent to deceive anyone.
Would this be held against a person applying for naturalization?
