I've been working without authorization claiming to be a citizen on the I-9. I'm married to USC and will file for AOS and EAD soon. Anyone with case similar to mine who passed the interview successfully? What to answer if they outright asked if I claimed to USC? What are the chances that they do not ask?
<guest>
Posted
deport illegal aliens
<josephine schmo>
Posted
If you are married to a USC, they might forgive you working, but I think falsely claiming to be a USC is a BIG no no!
I will try to find another thread on this subject and post the link for you.
Thank you for your response Josephine. I realize that there is a 10 year bar for faulsy claiming to be a citizen. And the only chance I have is that they do not ask about it. Any comments anyone?
<matt29>
Posted
hi I have same problem with you false claim 212(a)(6)(C)(ii) and my wife american we live in my country and how come I get waiver do you know?
<cafrine>
Posted
Unfortunately Matt29 my lawyer told me there was no waiver. Once you live the country you have to wait 10 years before you can try to come back. Can you tell me a little bit more about how the INS found out you made a false claim? did you say so at the interview? I hoping that they won't ask. It's my only way to get out of this mess. Thank you for responding. Anything you can tell me will help me.
<quest>
Posted
what about I-9 and using old permission to work/or number from old overstayed visa (which is not permission to work) on form I-9.. is that still so hard crime like claim to be US citizen ?
thx
<Lurker>
Posted
When we petitioned for my husband there was a box on one of the forms asking if you have ever claimed to be a USC. Our lawyer told him absolutely do not lie about it - fortunately he had never claimed to be one; I guess it is one of the unforgiveable sins. But I don't think it's just a question of will they ask verbally; I'm pretty sure you have to check yes or no to that question in writing.
<Those 2 Links>
Posted
wow, josephine, you are truly attentive and discriminative!
<new>
Posted
To Quest,
It seems that everything else is forgiveable, as long as you do not say or write that you are USC. And as long as you are petitioned by a USC spouse.
<new>
Posted
To Lurker,
On the form i'm filing I-485 there is no question about claiming to be USC.
<josephine schmo>
Posted
Remeber, at AOS interview, you are under oath
<Lurker>
Posted
New - We filled out so many - 485, I-30, 601, 245. Maybe the question was on the 245 because I remember paying $1000 and filing before the expiration of the last deadline (4/30/03).
<matt29>
Posted
Dear cafrine my story like that :I was go in USA legal with b-1 b-2 visas and I stay 1 year with that visas and after I went college and after when I wait I-120 from school my visa expired allready and I didnt left USA because I had girlfriend after one day we travel niagara falls and I have NY ID "real not fake" and one guy told me go canada just show your ID and I believe him like stupit and we went canada just 1 hour after we came back US border officer get me and deported me there is no hearing or something just they say you say you are US citizen but I didnt said anyway and my girlfriend come mycountry and we married but she has family tie in NY she wants to come back anyway I know 212(a)(6)(C)(ii) no immigrant waiver but they say there is a nonimmigrant waiver is avaiable like 212(d)(3)(A) they give one year permision for see your spouse do you know that? anyway if you know any news please tell me thank you.god biggest then everthing
<cafrine>
Posted
Matt29
This is what I found on that section 212 (a) (6) (C).... The waiver is authorized for section (i) only.
"(C) Misrepresentation.-
(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.
(ii) 9/ FALSELY CLAIMING CITIZENSHIP-
(I) IN GENERAL- Any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any other Federal or State law is inadmissible.
(II) EXCEPTION- In the case of an alien making a representation described in subclause (I), if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be inadmissible under any provision of this subsection based on such representation.
(iii) Waiver authorized.-For provision authorizing waiver of clause (i), see subsection (I)."
<matt29>
Posted
Dear cafrine, I know that but you dont have any news for 212(a)(6)(C)(ii)?we never go back USA?:)
<Serious>
Posted
Cafrine:
This is serious stuff! I know of undocumented aliens who buy real estate claiming that they are U.S. citizens. (If they claim to be legal aliens, they must provide proof whereas if they claim to be citizens, there is no proof requirement!). Is that not a violation of the law?
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