kaniss

Hi All,

I just filed for my spouse through our lawyer and we are awaiting for notice of action letter. We have been married for over 2 yrs now. My spouse is currently out of status but has worked in the same company since college (over 10yrs). During those days, it was easier to work. in his naivety, when completing the employment application the question regarding " are you a US citizen" he checked "yes". This was 10 yrs ago. Since he has never changed companies, no one has ever questioned his status. Now that we are in the processing of filing for the greencard, its come to our attention that some officers ask about how one answered this question. Can any one confirm this? What is the best way to answer if he is asked why he said he is a citizen? any advice on how we should prepare for this will be highly appreciated.

Thanks a lot!!!!

Noorah101

I thought there was a question to that effect on the I-485 (i.e., have you ever declared to be a USC, yes or no). But I don't see it on there now.

My husband came to the USA on a K-1 visa and had to attend an AOS interview to get his green card. During his interview, he WAS asked this question "have you ever declared to be a USC". We had a translator, and he misunderstood the question, and said "yes". The interviewing officer looked surprised, and asked the question again, asking the translator to make sure they ask it correctly. After the 2nd translation, my husband realized what was meant, and said "oh no, I never said I'm a USC, I meant I WANT to be a USC eventually". It was all OK and he was approved.

So...I guess my answer would be....yes, they might ask this question at the AOS interview. If they do, your husband must answer truthfully, as he will swear on oath to tell the truth during the interview.

You have a lawyer, you should let the lawyer know of this and get his advice. Hopefully he will be present at the interview with you.

Rene

Noorah101

This question IS on the N-400 application for naturalization, page 6: http://www.uscis.gov/files/form/n-400.pdf

So this issue will come up again if he ever wants to naturalize.

Rene

Rete

I can confirm that it is asked at the interview. Been there, done that. Also my nephew-in-law who was filing for his green card after marriage to his now wife who is a USC indicated that he had declared himself a USC on an I-9 because there was no appropriate category for Native Americans from Canada. He was not allowed to adjust status and had to return to Canada and his American wife had to emigrate there to be with him.

lostlove

A false claim of citizenship made in order to gain a benefit which is not available to him otherwise is a serious case of wrong doing. There could be an investigation made by the USCIS and ICE, an upshot of the investigation could be incriminating evidence of the act. Like some document which were signed for gain of benefit even if it was 10 years back.

This could seriously land someone in trouble if the government has evidence to corroborate their allegations, this wrong doing has no waivers available.

You have posed a very interesting question, and I would love to hear more thought on this issue. Take legal guidance from immigration experts in your locale. Link below.

www.aila.org

S Folinsky

Comment: There have been various versions of the I-9 form over the years. An examination of the actual I-9 form will answer the question. With the older forms, there was a loophole regarding the claimed status. That loophole has since been fixed in the later versions of the form.

Noorah101

That takes care of the employment aspect of it, but how will it affect his ability to adjust status to permanent resident?

Rene

S Folinsky

Query & comment: Is he really an "American Indian born in Canada?" If so, I fail to see how he could be denied a green card. The part of the law has never, ever been changed. "American Indians Born In Canada" who have "50 per centum of the blood of the American Indian Race" cannot be excluded, deported or denied a green card. [Quotation marks used to reflect that the statutory language is not within current usage of "Native American" or "First Nations."]

adjudicator89

ARE YOU A US CITIZEN??? And he answered YES to that???? He might never be able to get US citizenship. That's calling a lying. Correct me someone if I am wrong. Milan

lostlove

I agree 100 percent. On a business trip to Canada long time back a "First Nations" fellow told me he has all rights to travel and work both in the US and Canada. He was born Canadian Indian and stayed on the "reserve" and enjoyed many benefits others don't get. All new to me.

lostlove

Or better, how does the untruthful claim of citizenship effect his AOS and would it have any negative ramifications during citizenship?

Also what happens if he marks or answers "no" to such a question on forms or at an interview? Would that mean a permanent ban and jail.

adjudicator89

Lostlove, USCIS or Adjudicator specifically asks: Have you EVER claimed to be a US citizen? To me ever means yesterday, a month ago or 20 years ago. Best wishes Milan.

lostlove

K:

You may want to read the Matter of Theodros

False claim of citizenship on the I9. OP is gone into hiding.

ian-mstm

Regardless of how you try to minimize the issue, he wasn't naive. He needs an experienced immigration lawyer... he's about to enter a world of hurt - more torturous than you can possibly imagine at this point in time.

Ian

Rete

You are not "Born" Native or First Nation. That status is conferred by blood percentage. My nephew in law was born on the reservation of a Native father and mother but only was given 49% blood status by the US even though he holds full Native status with the Mohawk tribal council.

He thought the very same thing as you and your friend. There are requirements that need to be met and not just place of birth.

BTW there are few benefits accorded First Nation individuals that are not shared with the general population of Canada and/or their province. They pay the same taxes, use the same hospitals and doctors, get the same amount in old age pension (based on what they have earned over the years), etc. If you are 50% First Nation/Native you can live and work in the US and Canada, HOWEVER, the USCIS must give you a special card that shows that right. It must be applied for. You cannot just cross the border and live and work without it.