catweazle

A friend of mine has a lifetime ban due to admitting to falsely claiming to be a US citizen. Married to a USC and has USC children. She says the admission was obtained by deceptive means.

I'm not sure whether "deceptive means" is a valid defense, or if there even is a case. If there is, it doesn't sound like the kind of thing one would entrust to a run-of-the-mill immigration lawyer.

How would one get in touch with a good lawyer who has extensive experience with these kinds of cases?

Noorah101

Www.ailalawyer.com. Your friend will have to contact different lawyers to ask whether they have experience with this type of case.

Rene

S Folinsky

A “maven” of inadmissibility and waivers thereof is Laurel Scott in New Hampshire.

I will admit that I find your post puzzling. You state that your friend was admitted to the United States by “deceptive means,” to wit, a false claim to US Citizenship. I would not consider a false claim to citizenship to be a “defense.”

That said, there is no waiver to a false claim to citizenship. There are procedural guestions which your post does not address.

Nutmegger

I read the post as not stating that the person was admitted to the country by deceptive means. The person claims to have been coerced by deceptive means into admitting they claimed to be a USC.

lansbury

In the US police are allowed to lie and use deception to obtain a confession. That applies to Federal Agents as well.

tom169

Same

catweazle

Yes, that's what I meant. Apologies for the confusing wording.

From what I hear, the border guards were exceptionally intimidating towards the young lady. The "sign this and we'll release you quickly" trick. One document happened to be an admission that she had falsely claimed to be a US citizen.

This happened in a less-developed US possession, where US immigration law applies.

catweazle

Thank you kindly for the information, Mr Folinsky. Much appreciated !

civilservant

I would suggest that the USC wife should make preparations to move to the country in which the banned spouse resides. This might be mission impossible. Still, good luck to them!

scot47

What happens if they let her into the US and give her 20 years in the slammer ?

civilservant

They'd be deported at the end of that sentence anyway.

Rete

My husband's nephew holds Native status in Canada. He came to live in Florida, already had a Social Security card from when he was a child and lived in the US, applied to join the carpenter's union and was working as a carpenter. Claimed US Citizenship on the I-9 employment paperwork because there were no other categories that he felt fit his situation. Was discovered and banned from the US for life and he had a USC wife and daughter.


P.S. It was discovered his Native status was valid in Canada but not quite the percentage needed to be valid in the US

catweazle

I believe Mr Folinsky once defended a case almost exactly like this one, and won. The defence revolved around the legal concept of "mens rea". That's my understanding anyway, I Am Not A Lawyer (IANAL).

Rete

No, it was a case from Hawaii. It didn't involve Native Americans and believe the woman in question voted.

lansbury

One thing which isn't clear, to me anyway, did she in fact at sometime claim to be a US citizen, or was she deceived into admitting something she didn't do?