User37283

A question to all: what is a legal definition of "benefit under the law" in general and as realted to immigration in particular?

Specifically, the immigration law section INA (a)(6)(C)(ii) says that claiming US citizenship makes an immigrant inadmissible if such claim was made "for any purpose or benefit under this act or any other federal or state law".

Obviously, the benefit under INA would be something related to immigration like getting a visa, green card or even employment.
Benefit under other laws are something that normally is only available for citizens, such as voting, welfare etc.

It is a little confusing regarding other situations, such as when a private person or organization wants to know whether you are a US citizen. This is often asked when you are trying to get something that is not a government benefit or that is directly a benefit of any law. For example you might be asked if you are a US citizen while applying for a credit card or a car loan.

I think it might be considered fraud if you say on your car loan application that you are a US citizen when in fact you are not, but far as I understand this situation should not fall under INA(a)(6)(C)(ii) section, because you are not getting any benefit that is written in the law. Am I right?

lpdiver

It can also be something as innocent as being allowed to travel to the US. Obviously you aren't telling all so it is hard to say.

Bluegrass Lass

Well, I can't really answer you're question too well. With regards to the Affidavit of Support, I understand a benefit to be a "means tested benefit." Which means Medicaid, disability, welfare, AFDC (food stamps), WIC, etc. If you are not a citizen, and you were sponsored into the country by someone (i.e. your fiance/wife) then you cannot legally use these benefits or the gov't could sue the sponsor to get their money back. You probably already know this, so I'm not really answering your q at all.

I have a question for you though. I have filled out applications for car loans and credit cards in the past, and I have never once been asked if I was a citizen. As long as you have a SSN, ITIN or Green Card, and a good credit rating I would have thought you would have no problem obtaining a car loan. Are banks really holding that against immigrants?

Sorry I couldnt' really help!
Jamie

User37283

In the past I have seen applications for a credit card that had a question if you are a US citizen. Now they don't seem to ask that anymore, maybe it became an illegal discrimination now to ask that, I don't know.

As far as loans go, on the house mortgage loans they have a question if you are a US citizen. And this is for a regular loan, not a VA or FHA government guaranteed kind of loan. Would that be a crime if a person indavertenly claimed to be a citizenship in this case (signed a form filled out by a loan broker without reading it first)?

ian-mstm

Sheila and I recently refinanced our mortgage to take advantage of the lower interest rates (went from 8.25% to 4.75% and saved about $150/mo in the process - woohoo!). On the form there was a question about citizienship and our loan broker had indicated that both of us were US citizens when, of course, I am not. We asked that he correct it. After all, I did have to sign my name to it!

I don't know that if we had left it as it was, whether there would have been any serious ramifications, but I think I slept better nevertheless!

Ian (and Sheila)

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Timeline:

Mailed I-129F: November 28, 1997
1st NoA: January 13, 1998
K-1 interview in Montreal: March 27, 1998
Married Sheila: May 23, 1998
Filed for AoS: June 15, 1998
AoS interview: February 20, 2001
Received PR status: March 4, 2001
Applied for Citizenship: December 8, 2003
NoA: Priority date - December 11, 2003
Fingerprinted: January 20, 2004