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Falsely declaration of been a us citizen

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  • #16
    It may be a problem of bad timing, the deportation order should have been challenged but now it seems to be a little too late. The false claim statute is not what it seems, it's aimed to control unauthorized employment, illegal voting and illegal entry; its a product of the old 6(C) and materiality is an implicit requirement. In other words, the alien must intent to obtain a benefit he or she cannot receive otherwise by claiming to be a citizen.(The '96 law restricted benefits to aliens in general under public law, so C(ii) was also intended to protect agencies against fraud). The lack of a waiver can be explained by the restrictions imposed on the statute, but it's usually constructed in some irrational manner by those who do not understand its history. IMHO, C(ii) will sooner or later become the next 274C; if compared to C(i) the lack of a waiver could be challenged under equal protection specially when a person can violate C(i) and C(ii) with one single act and be punished under both sections of a statute (multiplicity)... it wouldn't be the first time segments of the INA are impaired by the courts as unconstitutional. Actually, most independent initiatives developed in the Senate considered a waiver for this section, S. 2611 allows the Secretary to waive this section for certain immigrants on a case by case basis (Dream Act, earned legalization and mandatory departure and re-entry).

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    • #17
      In the meantime, she's toast.

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