Announcement

Collapse
No announcement yet.

exemption to misrepresentation

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • exemption to misrepresentation

    My husband is currently applying for permanent residency as we have been married for 2 and 1/2 years since he changed his status from son of citizen to spouse of a citizen. At our interview a year ago, the agent asked my husband point blank if he had checked the box "citizen" when he applied for his job. He answered honestly with "yes". Our attourney finally wrote a persuasive letter months later after we had heard no decision. The immigration office informed us they were awaiting an answer from the General Council on the charge of misrepresentation. We sought out an attourney specializing in immigration who then told us we may be able to fight the allegation through the exemption in the law for aliens who entered when they were less than 16 years old and if their parents are both citizens. She also added that this particular officer has become a real menace with this issue at the Kansas City office. My question is this: my husband was raised by his mother who is a US citizen and brought him here legally when he was 15, but his father resides in Mexico. His parents were never married, and his father never held custody, but only gave his surname on the birth certificate. He does not really know him at all and has not been in touch for many years. Could this exemption still apply? Thank you for your time and much appreciation for any opinions, information or reference to any other cases where this applied.

  • #2
    My husband is currently applying for permanent residency as we have been married for 2 and 1/2 years since he changed his status from son of citizen to spouse of a citizen. At our interview a year ago, the agent asked my husband point blank if he had checked the box "citizen" when he applied for his job. He answered honestly with "yes". Our attourney finally wrote a persuasive letter months later after we had heard no decision. The immigration office informed us they were awaiting an answer from the General Council on the charge of misrepresentation. We sought out an attourney specializing in immigration who then told us we may be able to fight the allegation through the exemption in the law for aliens who entered when they were less than 16 years old and if their parents are both citizens. She also added that this particular officer has become a real menace with this issue at the Kansas City office. My question is this: my husband was raised by his mother who is a US citizen and brought him here legally when he was 15, but his father resides in Mexico. His parents were never married, and his father never held custody, but only gave his surname on the birth certificate. He does not really know him at all and has not been in touch for many years. Could this exemption still apply? Thank you for your time and much appreciation for any opinions, information or reference to any other cases where this applied.

    Comment


    • #3
      Helpwanted:

      Your husband may be a US citizen. Has your immigration attorney looked into this possibility?

      Okie Celt

      Comment


      • #4
        Okie... what do you mean? How could this be? The only thing she pointed out to us was the exemption. We are currently getting transcripts from his freshmen year in H.S. and other papers to prove that he has resided in the U.S. since he was 15 (his mother is a naturalized citizen, but this is acceptable according to the exemption wording). I'm not aware of any information regarding the possibility of citizenship. Please explain, and thank you SOOO much for responding!
        -help(still)wanted

        Comment


        • #5
          helpwanted:

          Do you have an e-mail address?

          Okie Celt

          Comment


          • #6
            mirandaheather@cox.net
            thanks!

            Comment


            • #7
              Child enter the US on Immigration visa or B1/B2, was mother a citizen at that time.
              If mother was a citizen when child enter the us he/she can file for citizenship certificate. it is possibile that child might be a citizen, you will have to look into the INA and Foreign Affairs Manuel at www.state.gov

              Comment


              • #8
                Mis rep has to taken very seriously when it comes to Claim as USC. in this case alien entered in this country legally but origional post is not clear how. B1/B2 or adopted . etc how. Alien cannot claim USC unless adopted Or Forign born to USc also need registration with the consulate. so there is no question about citizenship that alien was citizen. other then that alien answered in Interview that he mis rep himself in the past, not that he corrected his statement right away but it still stands( he never corrected that statement with officer) it will be hard for the attorney to fight.
                If he would have answered to officer that there are no requirement to prove that if he is citizen or not but have to show two proof of ID from the list employer need to get him a job and he completed it, he would have saved him a lot of problem. Check with the attorney if waiver is available for him or not.. I doubt that.
                Its a discussion, not a legal advise..

                Comment


                • #9
                  Hi Mohan,

                  I have a similar question regarding misrepresentation. I checked the box that says citizen/US National on my employment application when I was out of status and now in the process of going through AOS.

                  Is my case similar as well, and is there any reprieve from this.
                  Thanks,
                  mark

                  Comment


                  • #10
                    Here's what the law says:

                    http://travel.state.gov/visa/frvi_waivers.html

                    Section 212(a)(6)(C)(ii):

                    " ... (ii) 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. ... "

                    There's NO waiver of sub paragraph (I). This means an alien who falsely claimed citizenship is banned from the U.S. for life. First, in my opinion sub paragraph (II) doesn't apply because an alien in question knew for sure that he/she wasn't a citizen while filling out a job application. Second, any immigration interviews are done under oath. It means that whatever is said can and will be used against him/her.

                    Cheers.

                    Comment


                    • #11
                      What if the alien checked the box on his I-9 form marked "citizen/national" because he didn't know what "national" meant? What if he thought "I've lived here most of my life, since I was a child, I'm applying for citizenship, this is the only home I've ever known and my entire family is here... I'm not a citizen, but this is the country of my home, maybe that means I'm a 'national'".

                      About the "natural" parents part... what if one parent was deceased and the child was raised by one parent that brought the child legally? Or if the parents were never married, the father was never involved in the child's life and the mother brought the child here? The entry was on tourist visa. Mother is now citizen and so is step-father, only father the person in question has ever known.

                      thanks for the replies!

                      Comment

                      Sorry, you are not authorized to view this page

                      Home Page

                      Immigration Daily

                      Archives

                      Processing times

                      Immigration forms

                      Discussion board

                      Resources

                      Blogs

                      Twitter feed

                      Immigrant Nation

                      Attorney2Attorney

                      CLE Workshops

                      Immigration books

                      Advertise on ILW

                      EB-5

                      移民日报

                      About ILW.COM

                      Connect to us

                      Questions/Comments

                      SUBSCRIBE

                      Immigration Daily



                      Working...
                      X