I-485 and a No-No

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Old Oct 14th 2005, 1:38 pm
  #1  
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Red face I-485 and a No-No

I kind of have a unique story. And possibly need some advice should things not turn out.

I was born in the UK, and left the U.K with my parents when I was 4 years old, went to Canada, then my father aquired a work visa for the U.S, and we drove across the Canadian border to the U.S. I was 6 at the time. All This was back in 1967.

Up until I was 22 or 23 I believed I was in the U.S. Legally, as that is what my father told me. Why would I question him, I had Social Security card, drivers license, went to school here. After finding this out, I both did not have the money and was be be quite honest scared of going to the INS and opening a can of worms.

Finally, last year I decided that i was just going to bite the bullet and do the right thing. I had the money finally to hire and atty and after of year of fact finding I have finally submitted my I-485. We are going with the (living in the U.S. prior to Jan-1972 route). I have proof of this, and continuous residence.. My father was able to secure his "Green Card" about 5 years ago.

Now,

I am married, to a U.S. Citizen, have two boys that were born here, own a house.. etc, etc.. However, on one of my legal documents I put that I was a U.S. citizen. Out of necessity, Not that it's an excuse. I understand should the USCIS find out about it, it means I will be deported. Whatever happens Happens, it will be a hardship for my family certainly, and I understand after Sept '96 there are no waivers.

My question is:

Should I be deported, How would i go about finding some place to stay, or work? Do I contact the British Embassy, or consulate for this? I haven't been back to the UK since I left as a toddler. My granparents in the UK are deceased and I don't have any contact with any family members. My mothers side have all passed, and my father is estranged from his.

Any direction would be appreciated.
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Old Oct 14th 2005, 3:19 pm
  #2  
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Default Re: I-485 and a No-No

Your story is interesting but far from unique both for the forum and for the CIS. A lot would depend on the reason why you ticked off that you were a US Citizen, what the benefits were that came with that declaration, what age were you when you declared your US Citizenship and for what agency. Your attorney should have advised you that you should not lie on the paperwork for adjustment of status and that if the circumstances are "right" he might be able to plead a good case for your transgression.

You can do a search of the alt.visa.us.marriage-based newsgroup targeting the words "Folinskyinla" and/or "case" "naturalization". He recently won a case in immigration court for a client who signed up to vote and voted (Hawaii, I believe) while a permanent resident. You can find his link from the post and read the case and the decision. Perhaps something of the same nature could be done for you by your attorney.


Originally Posted by Anglosaxon
I kind of have a unique story. And possibly need some advice should things not turn out.

I was born in the UK, and left the U.K with my parents when I was 4 years old, went to Canada, then my father aquired a work visa for the U.S, and we drove across the Canadian border to the U.S. I was 6 at the time. All This was back in 1967.

Up until I was 22 or 23 I believed I was in the U.S. Legally, as that is what my father told me. Why would I question him, I had Social Security card, drivers license, went to school here. After finding this out, I both did not have the money and was be be quite honest scared of going to the INS and opening a can of worms.

Finally, last year I decided that i was just going to bite the bullet and do the right thing. I had the money finally to hire and atty and after of year of fact finding I have finally submitted my I-485. We are going with the (living in the U.S. prior to Jan-1972 route). I have proof of this, and continuous residence.. My father was able to secure his "Green Card" about 5 years ago.

Now,

I am married, to a U.S. Citizen, have two boys that were born here, own a house.. etc, etc.. However, on one of my legal documents I put that I was a U.S. citizen. Out of necessity, Not that it's an excuse. I understand should the USCIS find out about it, it means I will be deported. Whatever happens Happens, it will be a hardship for my family certainly, and I understand after Sept '96 there are no waivers.

My question is:

Should I be deported, How would i go about finding some place to stay, or work? Do I contact the British Embassy, or consulate for this? I haven't been back to the UK since I left as a toddler. My granparents in the UK are deceased and I don't have any contact with any family members. My mothers side have all passed, and my father is estranged from his.

Any direction would be appreciated.
Rete is offline  

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