What is a "benefit under the law"?
Feb 2nd 2004, 8:55 am
#1
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Thread Starter
Joined: Feb 2004
Posts: 12
What is a "benefit under the law"?
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?
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?
Feb 3rd 2004, 2:26 am
#2
American Expat
Joined: Jan 2004
Posts: 7,598
Re: What is a "benefit under the law"?
Originally posted by 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?
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?
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.
