Hello Everyone I was just writing to see if there is anyone out there who could give some hope. My wife has been charged with false claim to US Citizenship and I was just wondering if there is anyone out there who is or was in the same situation and somehow was able to change the situation. Only those in similar situation know how dificult it is... Well just looking for some enlightment... thanks
Originally posted by godspeed: Hello Everyone I was just writing to see if there is anyone out there who could give some hope. My wife has been charged with false claim to US Citizenship and I was just wondering if there is anyone out there who is or was in the same situation and somehow was able to change the situation. Only those in similar situation know how dificult it is... Well just looking for some enlightment... thanks
Explain Please? The Story In Its Entirety! Thanks. Would Be Nice To Experience Thee Actually Situation First Before Putting The Poster On The Barbecue!! Not To Say It Isn't Inevitable! The Poster Didn't Say Anything That Could Motivate A Discussion One way Or The Other! Good Information Is Lost For The Good Of Purpose When We Shoot Too Soon!!!
I For One Put Very Little Faith Into USCIS or ICE! Would and Could Be Beneficial To Wait Just A Little Longer Before Attack!!!
It's a difficult situation if she really did do this and the USCIS has hard evidence of it, ie. written down somewhere on a US Government document. There are no waivers for this offense. But there is a lawyer in CA who posts quite regularly on this board who has done some cases such as this and won. You might ask there:
there is NO waiver for this, no matter what some greedy attorney tells you...and no, your congressman or senator cannot change this decision either....no doubt, she (and you) will find a way to blame our border officials rather than the person who committed this offense (your wife)...this is one of the most serious transgressions would-be illegals can do,,,and this, it has the most serious consequences...no matter how "unfair" you think it is.
Brit4064 & Someone12 are both right.If USCIS or ICE has hard evidence it almost impossible to beat.The penalties are also severe & the government has been enforcing this old law very seriously as of late.
The only successful defense is attacking the charge itself as there are absolutely NO waivers.I've seen such a defense work only in one case where a person ticked the US citizen/US national on an I-9.They were successful in proving there case to a judge that they meant US National NOT a US citizen which is where the charge comes in,but the charge cannot be used on those claiming to be US nationals.
Don't listen to amateurs who know nothing of the INA and whose only purpose here is to either mislead or intimidate you on this forum.
If you really care aboout outcome consult a licensed immigration attorney.
The case law states that if the benefit was received due to false claim of Citizenship, then such person would permanently be barred from being in US. If no actual benefit was obtained, then, according to rulings of 9 Cir. Court, your wife could argue that harsh statute of INA doesn't apply to her.
In any event consult an attorney, don't listen anyone on this board if you really care about your wife and outcome of the case.
The case law states that if the benefit was received due to false claim of Citizenship, then such person would permanently be barred from being in US. If no actual benefit was obtained, then, according to rulings of 9 Cir. Court, your wife could argue that harsh statute of INA doesn't apply to her.
OldE is right on this. Here's one case where a false claim of US Citizenship was successfully overturned:
There are numerous other cases. Like the case of LPR who claimed to be a USC at the border. Later the 9th Cir. overturned the charge of "flase claim to USC" based on argument that the claimant didn't receive the benefit of admission due to such claim (as an LPR he could receive just the same benefit). Another case , also ruled by 9th Cir., was of a woman who, under instruction of employing agency, checked "UCS" on I-9 form but never was employed, thus never got the benefit for claim and so on.
Again, the OP poster should consult a licensed immigration attorney and not rely on opnions shared on public boards by amateurs and people too far from immigration law practice on daily basis.
"E" is right, the statute calls for a false claim to be made "for a benefit under this act or any federal or state law". That's it, nothing more.
So, an alien could shout that he is a citizen in the middle of town square and that'd be seen as nothing more than a first amendment exercise (and probably some ridiculous act), but it wouldn't trigger deportation or inadmissibility.
The claim has to be made "for the benefit", meaning that if the alien is already entitled to that benefit in question the statute wouldn't apply because nobody can say you're lying to get a benefit you know you already have or are entitled to receive.
There are other technical issues, however, if the alien made the claim in order to obtain something he or she knew couldn't otherwise obtain, then the statute applies and there's no way out.
The OP should consult with a good attorney to get the advice he or she needs.
Hehehehe, what a soap, all the immigrants are such a whiny cry-babies !!!
Get your wives' behind out of this country, go visit her in country of her future residence - if you love her so much, which I doubt very much - and stop asking people here how to overcome the obvious act of wilful misrepresentation that your wife must have committed for her to be charged with false claim to US Citizenship !!!
Brit, in that case there were a series of mistakes made by the voter registrar who by their acts nearly affirmed her ability to vote. They took that as mitigating circumstances and let her slide. Although she received the benefit she did not make the claim or more correctly cured the claim before the benefit was realized.
This would be similar to a person crossing the border and telling the officer they are not a USC and the guard letting them through only to be later apprehended and charged for false claim.
In nearly every case of false claim there is some benefit received or attempted to be received. Otherwise the distinction is unnecessary to make. The OP didn't explain the circumstances and its doubtful they are similar to that case of multiple mistakes by the gov.
You voted democrat. This country is not worth sneaking into any more.
Posts: 6062 | Location: San Antonio TX | Registered: 06-08-2007
Originally posted by davdah: Brit, in that case there were a series of mistakes made by the voter registrar who by their acts nearly affirmed her ability to vote. They took that as mitigating circumstances and let her slide. Although she received the benefit she did not make the claim or more correctly cured the claim before the benefit was realized.
This would be similar to a person crossing the border and telling the officer they are not a USC and the guard letting them through only to be later apprehended and charged for false claim.
In nearly every case of false claim there is some benefit received or attempted to be received. Otherwise the distinction is unnecessary to make. The OP didn't explain the circumstances and its doubtful they are similar to that case of multiple mistakes by the gov.
I've read what the lawyer in her case has said about it and he had checked all the other States (49 of them ;-)) to see if they had similar wording and they had not. This case was unique to HI because of the wording they had used which is why he was able to argue in her defense.
We voted Democrat. They'll be no need to sneak in anymore
It made it easier to argue but what helped was the girl did send in the card with it marked 'not a usc'. The voter registrar made the mistake of sending her the card after wards Since she did not from start to finish promulgate the fraud that did a lot to get her off.
You voted democrat. This country is not worth sneaking into any more.
Posts: 6062 | Location: San Antonio TX | Registered: 06-08-2007
The case rested on the state of mind of the alien. The statute requires a "representation", and that's a word grounded in common law and requires intent, not a result of some error or accident.
However, most people forget that the case was brought up because voting is not available to aliens, so, the alien was trying to "obtain" a benefit under law that's not available to any alien.
The false claim must be made "for" a benefit, meaning trying to obtain such benefit knowing you cannot obtain it otherwise.
Remember, the statute was enacted to stop illegal employment, that's it.
There is one case of a woman decided by 9th Cir., where she was told by her employing agency to sign a paper where they checked "USC" in order for her to qualify for the job, even though she made it clear that she is not a USC.
Later on, she was going through AOS and it came up as an issue, she was ordered deported by lower court but 9th Cir. overturned it.
It sited that:
a) she didn't intend to misrepresent her status (even though signed a paper under the impression made by employer that it was must for her to sign) b) she didn't get any material benefit as a result (and that is what had the most weight on 9 Cir. decision).
But each individual case is different. Noone on this public board can advise OP. OP needs to pay some money and hire a good immigration attorney, or be stiff, listen to contradicting advises and get screwed in the end. Hey, it's a free country, it's his and his wives choice
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False claim to US Citizenship. Now All We have to Do Is Decide Which Is The Best Barbecue Sauce???