Hi, I am a student at a community college and yes I am undocumented or illegal as you prefer. I have been in the States since I was 9 years old and am turning 20 in December… I guess you can say am one of those dream act kids…… well I got a question and I know many of you might judge me bad for this or whatever am already used to it, but in the state that I live in says that if you go to college and you’re not a USC or a PR then you have to pay out of state tuition if you are not from that state… the truth is that’s about 3 times the regular price of instate tuition. Well since I grew up here and I was a good student in high school and manage to meet nice people while I was in high school taking college courses in the school I go to now, I made some good connections. First the consul from the college told me that it was not necessary to put a SSN in my application and to not lift suspicion she told me to claim to be a USC so I can get instate tuition. And here is where it gets tricky, my grandma filed for me and my mom in late 2001 a i130 and our priority date for family based 1 is almost reaching the cutoff date. So we are hoping to file for AOS soon as possible and I am really worry about my school application now. am not here to tell you am innocent about claiming to be a USC in my registration form because I know am not… but in a sense I feel like I am the one who is being cheated because I grew up in this town more than half of my life and I believe I should be able to pay the same tuition as my friends pay. But I don’t want to get into that discussion because I am really tired of people talking trash about my immigration status and all that. I know what I am and I am very into immigration and many of its laws so please do not start with comment about” I don’t belong here, go back” or so on…. I really need some good advice about how to move forward with this situation…… so just to add a little more about me. I got a pretty decent gpa of 3.67 and I been in DC many times pushing for the dream act and many legislations that I believe need to be taking a good look at.


So here is some plans that am thinking of pursuing
Wait until we filed for AOS and at soon as I get a SSN and a work permit go to the school and pursued someone to change my status from USC to PR. because I know that in my state ones you have a SSN you can get instate tuition. Then hope that works out with immigration and everything else comes out smooth and the AOS is approved.

or

I could go to my school right now and tell them am not a USC or a PR and they might kick me out, or they might make me pay them the rest of the money I owe them for all the other semester I paid in state, or they might just be like, ok cool, just from now on don’t do it again…. or a combination of all of these…… but if I know they going to choose the 3th option alone I’ll be there Tuesday morning giving a speech about how much I love America ;-)


I know they are many folk who might think am just a criminal….. but hey I work full time and go to school full time and the instate tuition money comes out my pocket and the same goes for books and all the other utilities I paid in school…. And yes I do work illegally but every time I get a paycheck they take out taxes…. So please don’t start with comments I don’t pay taxes. Because every Friday I lose about 120 dollars from my paycheck……


So again any intellectual advice about what to do about my situation will be appreciated…… thanks in advance…. And sorry about any miss spell check I kind of **** at spelling sometimes…..

Hi there........ I do have a bad news for you... According to you, you made a claim of being a USC..... and you actually claim that you are a United Stated Citizen, when you actually know that you are not one... Here is the bad, once you start applying for adjustment of status, and if USCIS asked you if you have ever claimed to be a UNITED STATES CITIZEN, what would you say... I am not sure if you will say NO or YES... But here is the law: ANYONE WHO FALSELY CLAIM or KNOWINGLY CLAIM TO BE A UNITED STATES CITIZEN can banned anybody from adjusting status in the United STATES... and there is no waiver for that... IT's CALLED MISREPRESENTATION.... YOU SHOULD READY MORE STUFF ABOUT IMMIGRATION LAWS before you RELY ON SOMEBODY ELSE's ADVISE... IT will get YOU IN TROUBLE sooner or later!!! I will give you a link on the stuff that I read....


INS on False Claims to US Citizenship

April 6, 1998

Memorandum For: All Regional Directors All District Directors (including Foreign)
All Officers in Charge (including Foreign)
All Port Directors
All Service Center Directors
All Training Academies (Glynco and Artesia)
All Regional Counsels
All District Counsels
All Asylum Directors From: Joseph R. Greene Acting Associate Commissioner
Office of Programs

Subject: Section 212(a)(6)(C)(ii) Relating to False Claims to U.S. Citizenship

This memorandum addresses section 212(a)(6)(C)(ii) of the Immigration and Nationality Act (the Act), as amended by section 344(a) of the Illegal Immigration and Immigrant Responsibility Act of 1996 (IIRAIRA). This memorandum provides guidance on the implementation of the new provisions under section 212(a)(6)(C)(ii) of the Act with respect to aliens who have made false claims to U.S. citizenship. This memorandum also explains the differences between 212(a)(6)(C)(ii) of the Act and section 212(a)(6)(C)(i) of the Act relating to fraud or willful misrepresentation of a material fact in so far as false claims to U.S. citizenship are concerned.

General provisions. Section 344(a) of IIRAIRA created section 212(a)(6)(C)(ii) of the Act to render inadmissible any alien who falsely claims to be a U.S. citizen for any purpose or benefit under the Act, or under any other Federal or State law. Pursuant to section 344(c) of IIRAIRA, section 212(a)(6)(C)(ii) of the Act became effective on September 30, 1996. It applies only to false claims to U.S. citizenship made on or after September 30, 1996.

Section 212(a)(6)(C)(ii) of the Act applies not only to false claims to U.S. citizenship to obtain a benefit under the Act, but also to false claims for any purpose or benefit under any other Federal or State law. Therefore, an alien who made a false claim to U.S. citizenship to obtain any Federal or State benefit on or after September 30, 1996, would be inadmissible under section 212(a)(6)(C)(ii) of the Act. A false claim to U.S. citizenship for a “purpose” under Federal or State law would include, for example, voting.

It is not necessary for the claim to have been made to a U.S. Government official. The statutory language in section 212(a)(6)(C)(ii) of the Act is broad in scope and provides that the false claim may have been made “…for any purpose or benefit under this Act (including section 274A) or any other Federal or State law…” Thus, a false claim of U.S. citizenship can be made to a private individual, as the statutory language includes specific mention of 274A of the Act, and the employment verification procedures described under section 274A of the Act cover both Government and private employers. For example, an alien who makes a false claim of U.S. citizenship to a private employer on Form I-9 (Employment Eligibility Verification) on or after September 30, 1996, is inadmissible under section 212(a)(6)(C)(ii) of the Act.

Waiver availability. Section 344 of IIRAIRA did not create any waivers for immigrants found inadmissible under section 212(a)(6)(C)(ii) of the Act. Therefore, immigrants found inadmissible under section 212(a)(6)(C)(ii) of the Act are permanently inadmissible. Non-immigrants, however, may seek the exercise of discretion under section 212(d)(3)(A) or (B) of the Act, as applicable.

False Claims to U.S. Citizenship Made Before September 30, 1996. Prior to the enactment of IIRAIRA, a false claim to U.S. citizenship was grounds for finding an alien inadmissible under section 212(a)(6)(C)(i) of the Act relating to fraud or willful misrepresentation of a material fact in certain cases. The fraud or material misrepresentation, however, must have been made to procure a specific benefit under the Act, such as a visa, admission, or immigration document (i.e. a U.S. passport). The fraud or material misrepresentation must also have been made to a U.S. government official. This is because requests for benefits under the U.S. immigration laws are made to U.S. Government officials. For example, a false claim made before September 30, 1996, to obtain a U.S. passport is cause for finding an alien inadmissible under section 212(a)(6)(C)(i) of the Act for fraud or willful misrepresentation of a material fact.

Practical Considerations. In considering a case where a false claim to U.S. citizenship has been made, Service officers should review the information on the alien to determine whether the false claim to U.S. citizenship was made before, on, or after September 30, 1996. If the false claim was made before the enactment of IIRAIRA, Service officers should then determine whether: (1) the false claim was made to procure an immigration benefit under the Act, and (2) whether such claim was made before a U.S. Government official. If these two additional requirements are met, the alien should be found inadmissible under section 212(a)(6)(C)(i) of the Act, and advised of the waiver requirements under section 212(i) of the Act.[1]

If the false claim to U.S. citizenship was made on or after September 30, 1996, Service officers should then determine whether it was made to procure any immigration benefit under the Act or other type of benefit under Federal or State law. If so, the alien should be found inadmissible under section 212(a)(6)(C)(ii) of the Act. (Note: An alien who falsely claimed to a private employer on Form I-9 that he or she is a U.S. citizen need not be the subject of a civil penalty for document fraud under section 274C of the Act in order to be found inadmissible under section 212(a)(6)(C)(ii) of the Act). If the alien is an immigrant, the alien should be advised that no waiver is available. As noted above, non-immigrants may seek the exercise of discretion under section 212(d)(3)(A) or (B) of the Act, as applicable.

Finally, it is possible for an alien to be charged with inadmissibility under both sections 212(a)(6)(C)(i) and (ii) of the Act for false claims to U.S. citizenship made on or after September 30, 1996. For example, an alien who made a false claim to U.S. citizenship on or after September 30 to gain admission at a Port-of-Entry would be inadmissible under section 212(a)(6)(C)(i) of the Act for having willfully misrepresented a material fact, and under section 212(a)(6)(C)(ii) of the Act for having made a false claim to U.S. citizenship to obtain a benefit under the Act. When both grounds of inadmissibility under sections 212(a)(6)(C)(i) and (ii) apply, the alien should be charged with both grounds and advised of the availability of a waiver (or lack thereof), as appropriate.

This memorandum has the concurrence of Headquarters Office of Field Operations. If there are any additional questions on determining the applicable ground of inadmissibility under section 212(a)(6)(C)(i) or (ii) of the Act, contact Sophia Cox, Adjudications Officer, Headquarters Benefits Division, at 202/514-5014. Questions relating to the employer sanctions implications under section 274A of the Act should be directed to Philip B. Busch, Assistant General Counsel, at 202/514-2895.

Footnote:

[1]/Section 212(i) of the Act was amended by section 349 of IIRAIRA. Waivers under section 212(i) of the Act are only available to immigrants who are the spouse, son or daughter of a U.S. citizen or lawful permanent resident. Immigrants who are the parents of U.S. citizens or lawful permanent residents no longer qualify. Moreover, the provision under section 212(i) of the Act that allowed the alien to apply for a waiver if more than 10 years had passed since the date the fraud or material misrepresentation occurred has been eliminated. For section 212(i) waiver applications filed before September 30, 1996, but adjudicated on or after that date, the law in effect as of the date of adjudication (not the date of filing) is what governs. For additional guidance on section 212(i) waivers, refer to the guidance issued June 20, 1997 (96 Act #028).



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YOU SHOULD SEEK A QUALIFIED IMMIGRATION LAWYER IF USCIS CHARGED YOU WITH FALSELY CLAIM OF CITIZENSHIP... TAKE CARE OF THIS WHOLE THING NOW, BEFORE YOU DO SOMETHING STUPID THAT WILL RUIN YOUR CHANCES OF BEING ABLE TO STAY IN THE US... MOREOVER, IF INS FINDS OUT THAT YOU CLAIM TO BE A US CITIZEN, THEY CAN ACTUALLY DEPORT or START REMOVAL PROCEEDINGS AGAINST YOU, UNLESS YOU CAN PROVE THEM THAT YOUR CLAIM WAS INNOCENT AND YOU ACTUALLY RETRACTED YOUR CLAIM OF BEING A UNITED STATES CITIZEN!!! I HOPE THAT HELPS!!!

quote:

Originally posted by daflyboy04:
Hi, I am a student at a community college and yes I am undocumented or illegal as you prefer. I have been in the States since I was 9 years old and am turning 20 in December… I guess you can say am one of those dream act kids…… well I got a question and I know many of you might judge me bad for this or whatever am already used to it, but in the state that I live in says that if you go to college and you’re not a USC or a PR then you have to pay out of state tuition if you are not from that state… the truth is that’s about 3 times the regular price of instate tuition. Well since I grew up here and I was a good student in high school and manage to meet nice people while I was in high school taking college courses in the school I go to now, I made some good connections. First the consul from the college told me that it was not necessary to put a SSN in my application and to not lift suspicion she told me to claim to be a USC so I can get instate tuition. And here is where it gets tricky, my grandma filed for me and my mom in late 2001 a i130 and our priority date for family based 1 is almost reaching the cutoff date. So we are hoping to file for AOS soon as possible and I am really worry about my school application now. am not here to tell you am innocent about claiming to be a USC in my registration form because I know am not… but in a sense I feel like I am the one who is being cheated because I grew up in this town more than half of my life and I believe I should be able to pay the same tuition as my friends pay. But I don’t want to get into that discussion because I am really tired of people talking trash about my immigration status and all that. I know what I am and I am very into immigration and many of its laws so please do not start with comment about” I don’t belong here, go back” or so on…. I really need some good advice about how to move forward with this situation…… so just to add a little more about me. I got a pretty decent gpa of 3.67 and I been in DC many times pushing for the dream act and many legislations that I believe need to be taking a good look at.


So here is some plans that am thinking of pursuing
Wait until we filed for AOS and at soon as I get a SSN and a work permit go to the school and pursued someone to change my status from USC to PR. because I know that in my state ones you have a SSN you can get instate tuition. Then hope that works out with immigration and everything else comes out smooth and the AOS is approved.

or

I could go to my school right now and tell them am not a USC or a PR and they might kick me out, or they might make me pay them the rest of the money I owe them for all the other semester I paid in state, or they might just be like, ok cool, just from now on don’t do it again…. or a combination of all of these…… but if I know they going to choose the 3th option alone I’ll be there Tuesday morning giving a speech about how much I love America ;-)


I know they are many folk who might think am just a criminal….. but hey I work full time and go to school full time and the instate tuition money comes out my pocket and the same goes for books and all the other utilities I paid in school…. And yes I do work illegally but every time I get a paycheck they take out taxes…. So please don’t start with comments I don’t pay taxes. Because every Friday I lose about 120 dollars from my paycheck……


So again any intellectual advice about what to do about my situation will be appreciated…… thanks in advance…. And sorry about any miss spell check I kind of **** at spelling sometimes…..

Short answer is, your basically screwed thanks to some 'good' advice. Don't think they won't find out if your ever try to get a visa. Your records at the school will be looked at. Yes they will check to see what kind of tuition you paid. Next question, how did you pay for stolen tuition? With a stolen job gotten with a stolen SSN.

The taxes you pay are against someone else's SSN number who will get a nasty letter from the IRS asking for an explanation about unreported income on their tax return. That person will want to thank you in person. You have at least a few felonies racked up here under title 8 and 26. No big deal right! Your just taking advantage since no one is watching. You love America? I don't think so. To love a country means to obey and respect its laws. You lied again. Keep going your just digging yourself in deeper.

When you give that speech next week, maybe you should change the topic to why you should not lie.

Being that you s u c k at spelling tells me the money was wasted in the class room. Doesn't it bother you that you stole that seat in the classroom from someone who legitimately earned it. Who probably would have at least learned how to spell.

Oh, one other thing. Something else you neglected to learn about. Did you know everytime you log onto a web site it stores the ip address of the computer logging in. Think its not true? Google that.

Your arrogance is beyond amazing.

quote:

Originally posted by daflyboy04:
... And here is where it gets tricky, my grandma filed for me and my mom in late 2001 a i130 and our priority date for family based 1 is almost reaching the cutoff date. So we are hoping to file for AOS soon as possible and I am really worry about my school application now. …..

Oh, boy04, you have more than one serious issue here...so, go and see an immigration lawyer. A good one.

besides claiming citizenship, you may or may not age out by the time your priority date becomes current... even if you don't age out, it appears that you are not eligible to adjusts status in the USA (because of overstay, and you are saying your grandmother filed the petition in late 2001 - ( which doesn't sound like it was done by April 31 2001 to be covered by 245i)).

quote:

Originally posted by daflyboy04:
Hi, I am a student at a community college and yes I am undocumented or illegal as you prefer. I have been in the States since I was 9 years old and am turning 20 in December… I guess you can say am one of those dream act kids…… well I got a question and I know many of you might judge me bad for this or whatever am already used to it, but in the state that I live in says that if you go to college and you’re not a USC or a PR then you have to pay out of state tuition if you are not from that state… the truth is that’s about 3 times the regular price of instate tuition. Well since I grew up here and I was a good student in high school and manage to meet nice people while I was in high school taking college courses in the school I go to now, I made some good connections. First the consul from the college told me that it was not necessary to put a SSN in my application and to not lift suspicion she told me to claim to be a USC so I can get instate tuition. And here is where it gets tricky, my grandma filed for me and my mom in late 2001 a i130 and our priority date for family based 1 is almost reaching the cutoff date. So we are hoping to file for AOS soon as possible and I am really worry about my school application now. am not here to tell you am innocent about claiming to be a USC in my registration form because I know am not… but in a sense I feel like I am the one who is being cheated because I grew up in this town more than half of my life and I believe I should be able to pay the same tuition as my friends pay. But I don’t want to get into that discussion because I am really tired of people talking trash about my immigration status and all that. I know what I am and I am very into immigration and many of its laws so please do not start with comment about” I don’t belong here, go back” or so on…. I really need some good advice about how to move forward with this situation…… so just to add a little more about me. I got a pretty decent gpa of 3.67 and I been in DC many times pushing for the dream act and many legislations that I believe need to be taking a good look at.


So here is some plans that am thinking of pursuing
Wait until we filed for AOS and at soon as I get a SSN and a work permit go to the school and pursued someone to change my status from USC to PR. because I know that in my state ones you have a SSN you can get instate tuition. Then hope that works out with immigration and everything else comes out smooth and the AOS is approved.

or

I could go to my school right now and tell them am not a USC or a PR and they might kick me out, or they might make me pay them the rest of the money I owe them for all the other semester I paid in state, or they might just be like, ok cool, just from now on don’t do it again…. or a combination of all of these…… but if I know they going to choose the 3th option alone I’ll be there Tuesday morning giving a speech about how much I love America ;-)


I know they are many folk who might think am just a criminal….. but hey I work full time and go to school full time and the instate tuition money comes out my pocket and the same goes for books and all the other utilities I paid in school…. And yes I do work illegally but every time I get a paycheck they take out taxes…. So please don’t start with comments I don’t pay taxes. Because every Friday I lose about 120 dollars from my paycheck……


So again any intellectual advice about what to do about my situation will be appreciated…… thanks in advance…. And sorry about any miss spell check I kind of **** at spelling sometimes…..

Sympathize with your situation, but there is little maneuvering room legally. Unfortunately, you are paying for your parents mistake. You will not be able to adjust your status because of your situation. An EWI, or entry without inspection, will not qualify you to adjust the status. You might be able to get Temporary Protected Status if the facts and circumstances fit into that category, but see this site for more details.

But you have three options:
1) You can wait for the Dream Act to be passed. This is your best hope for your situation.
2) You can wait for adjustment of status, and I am assuming you filed the waiver by the 2001 deadline. It will be difficult for you and the wait time is long.
3) you can use someone else SSN to get instate tuition, but you run the risk of deportation.

Ok my peeps, I know if I get caught I could be in deep stuff…. I know how the law works and to be honest I think if people don’t risk anything in their lives they will never achieve much ether. I knew that after high school I wanted to go to college, and I also knew how hard it was for me. I know people might not care about my life and sometimes i believe is not even their fault. It takes someone with a similar situation as mine to actually comprehend how one person is told to be equal as others when they were in K-12 grade and ones they reach college they get to find out how real life is. And I know many people might say “well one must obey the law” and yes you right, and am worry because I did not. But I also believe the law played a big trick on me too….look am not a genius or got some crazy skills at something “well maybe soccer” but am just a regular dude…. I work hard to keep my gpa where it is. I study hard and work hard and believe me the party scene is way of my league right now. And yes 245i do cover me and my mom and no am not using someone else SSN to work …. This is not to brag but one very famous US senator was at my school recently… very fine old fellow who supports me and many other folks that were in that room…. Actually the dean of admission from my college is running for a seat in the US congress these special elections…. And she also knows about my situation in the personal level…. So I might have a chance of a private bill going through congress. Even though I so doubt that, knowing what happened to the private bill of those kids from florida. To be honest am not here for you to judge me if am a bad or good kid, all I want is to finish my major and move forward with my life. So if anyone has good info I could take…. Feel free to leave a comment….. and thanks to everyone else who already did….

Did you claim to be a USC yourself knowing that you couldn't obtain the discounted tuition because of your current status? That's the key question, actually two questions, that you must ask yourself.

you should live up to your avatar..."daflyboy" and fly the eff out of MY country,,,,sorry bozo, but you do not deserve in-state tuition just because you and your dirtball parents can't obey our laws...NO American should ever be displaced or not given any benefit ahead of any scum like you and your flea-infested family...whine whine whine...that's all illegals do...and then claim they are 'entitled' to benefits because they disobeyed our laws....eff that...get out now...douchebag.

explora
Power Member
Posted Aug 4, 9:53 AM Hide Post

Colorado Illegal Immigrants Will Get College Aid In New Mexico

By The Denver Post
John Prieto
07/16/2007

Fort Collins - At least 10 illegal immigrants from Colorado will get to attend classes at the University of New Mexico this fall, with many not having to pay for tuition or books.

A new Colorado law prohibits state colleges from providing in-state tuition to undocumented immigrants.

In New Mexico, the state is barred from denying education benefits based on immigration status, said Terry Babbitt, director of admissions for the University of New Mexico.

While New Mexico's state financial aid is intended for residents, Poudre High School counselor Isabel Thacker in Colorado found a way for her students to receive in-state tuition, plus scholarships to cover it.

"Students can enroll for up to six credit hours and get the in-state rate (at UNM)," said Alex Gonza***, associate director of the scholarship office at UNM. "They can then go across the street to Central New Mexico Community College and enroll for another six hours and continue to pay the UNM in-state tuition rate. They then are counted as full-time UNM students."

A full year of tuition at UNM, 12 credit hours per semester, costs $4,570.80, Gonza*** said. An institutional scholarship available to illegal immigrants covers $5,000 of their tuition and book expenses.

Actually i knew about it, but i did not know it was penalize this bad. If i knew then i might it think twice about it. and explora those kids that are getting those scholarships are from private companies and have nothing to do with the government. The government does not give any help what so ever to these kids. There is 12 states that allows undocumented students to get instate tuition if they have a high school diploma from the US. It just so happens am not in one of them. i actually got a private scholarship this semester and its going to help me pay most of my tuition this semester. Just to spice things a little bit when i was looking at the pictures of other students who got a scholarship from this place the one below me was a redneck that looks just like Larry the cable guy...lol