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  • Spouse filling out I-485 - Worked fulltime Out of Status

    My husband and I got married this summer and we are finally filling out the 485 Petition for Permanant Residency.

    He arrived legally to the states as a student with an I-20.

    Prior to his I-20 going out of status (not attending college full time) he applied for a job fulltime and marked national so he could work fulltime. His SS card had no special notations on it marking it as non-citizen. He had been authorized to work but limited hours at the time.

    His I-20 went out of status a year after he started working there.

    Now that we are filling out the petition papers two of his friends has advised him to not state that he is working anywhere. Another has said that it may slow down the process, but that he should be approved if he tells the truth about his working without visa.

    I am concerned and wonder will this affect his application? He has been paying taxes from this job --- but all in all, yes, he did apply for it by stating he was a citizen or national. Are there likely to be consequenses??

    Thank you for all your answers and advice. I am very concerned how this will affect his application for change of status and just want to know what to expect.

  • #2
    My husband and I got married this summer and we are finally filling out the 485 Petition for Permanant Residency.

    He arrived legally to the states as a student with an I-20.

    Prior to his I-20 going out of status (not attending college full time) he applied for a job fulltime and marked national so he could work fulltime. His SS card had no special notations on it marking it as non-citizen. He had been authorized to work but limited hours at the time.

    His I-20 went out of status a year after he started working there.

    Now that we are filling out the petition papers two of his friends has advised him to not state that he is working anywhere. Another has said that it may slow down the process, but that he should be approved if he tells the truth about his working without visa.

    I am concerned and wonder will this affect his application? He has been paying taxes from this job --- but all in all, yes, he did apply for it by stating he was a citizen or national. Are there likely to be consequenses??

    Thank you for all your answers and advice. I am very concerned how this will affect his application for change of status and just want to know what to expect.

    Comment


    • #3
      I remember one of the questions I was asked at the US citizenship interview was whether I had claimed anywere that I was a Citizen. I said NO. That was the truth. Everything I told them checked out. Although, they did not make an immediate decision, a few weeks later a lady from USCIS called me to appear for the Oathing Ceremony. I attended it and got my U.S citizenship. The problem with lying is that you have to keep on covering the original lie with another one and another one. It makes the situation worse.
      Not only will they find that he has worked, they might also find out that he claimed he was a citizen. This will be grounds for exclusion most likely. It pays to obey the laws of a country that has been kind to you.

      Comment


      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Both of us want to be truthful (figure lying once is better than lying about lying and getting caught) and is our intent, but am concerned and wonder will this affect his application? He has been paying taxes from this job --- but all in all, yes, he did apply for it illegally by stating he was a citizen. Are there likely to be consequenses?? </div></BLOCKQUOTE>

        So are you saying that b/c he paid taxes, his lie "shouldn't" count?

        What point are you trying to make?

        Comment


        • #5
          What I am asking is how does this affect things? Apparently there are five zillion different situations and I am just offering the situation as it is.

          And apparently marrying a US citizen does get a multitude of out of status actions forgiven that wouldn't be forgiven otherwise.

          Would someone please just offer some actual council and experience instead of turning this into a chance to flog someone? Thank you.

          Comment


          • #6
            I know many people who were working before their interviews that got approved. At this point it is better to tell the truth and suffer any consequences than find out later that they knew all along that you were lying.

            Just remember they can easily obtain those records since they have his ssn.

            Just tell the truth and get it over with. At least that way you stop the guessing games!

            I think they are more concerned with the marriage being bonifide.

            When did you get married?

            Comment


            • #7
              hi to mrs_nepal.... you should get a good immigration lawyer.... falsely claiming to be a us citizen for any purpose can banned anybody from adjusting status in the USA..... If i were you, don't listen to some of these posters... get an immigration lawyer, this will cause problem especially when you guys get the adjustment of status interview.... He will not be able to adjust status in the US because he had claim purposely that HE WAS A UNITED states CITIZEN, when he was not....unless you can prove that the MISREPRESENTATION was innocent..... Read more about FALSELY CLAIMING TO BE A US CITIZEN!!!! search it and I am pretty sure that it will give you some response that you got from me.... Please seek a qualified lawyer, this is just based on my knowledge... Thanks!

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by luvjonalyn:
                hi to mrs_nepal.... you should get a good immigration lawyer.... falsely claiming to be a us citizen for any purpose can banned anybody from adjusting status in the USA..... If i were you, don't listen to some of these posters... get an immigration lawyer, this will cause problem especially when you guys get the adjustment of status interview.... He will not be able to adjust status in the US because he had claim purposely that HE WAS A UNITED states CITIZEN, when he was not....unless you can prove that the MISREPRESENTATION was innocent..... Read more about FALSELY CLAIMING TO BE A US CITIZEN!!!! search it and I am pretty sure that it will give you some response that you got from me.... Please seek a qualified lawyer, this is just based on my knowledge... Thanks! </div></BLOCKQUOTE>

                Lawyer or not, the fact is that what was done is done. Move forward by stating that he was indeed working, I think that was the basis of the request for our opinions. I can't imagine any lawyer telling you otherwise.

                By the way is it safe to conclude that he was out of status when you got married?

                At the end of the day, you can not live life worried about what ifs, just do what you have to do and get it over with. Just don't compound a lie with another. It's not like you can go back now and do over! So fill out the form truthfully and to the best of your knowledge and let it be!

                Good luck.

                Comment


                • #9
                  Oops, had to edit my post - didn't notice he claime to be a US Citizen.

                  Why don't you go to the local office and talk to the officer? Won't hurt (or will it?) and they suppose to know a bit about what they are doing. They might give you some advice on what to do.

                  Afterall, you'll have to disclose the truth (they'll find out it anyway and it's better to get over with than to live for years with the burden) and showing that you are concerned and trying to do it the right way might help.

                  Or you might really consult the attorney (Catholic Charities, Legal Aid)?
                  It's just my opinion. NOT a leagl advice.

                  Comment


                  • #10
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Posted December 28, 2006 08:26 AM Hide Post
                    quote:
                    Originally posted by luvjonalyn:
                    hi to mrs_nepal.... you should get a good immigration lawyer.... falsely claiming to be a us citizen for any purpose can banned anybody from adjusting status in the USA..... If i were you, don't listen to some of these posters... get an immigration lawyer, this will cause problem especially when you guys get the adjustment of status interview.... He will not be able to adjust status in the US because he had claim purposely that HE WAS A UNITED states CITIZEN, when he was not....unless you can prove that the MISREPRESENTATION was innocent..... Read more about FALSELY CLAIMING TO BE A US CITIZEN!!!! search it and I am pretty sure that it will give you some response that you got from me.... Please seek a qualified lawyer, this is just based on my knowledge... Thanks!


                    Lawyer </div></BLOCKQUOTE>

                    Posted December 28, 2006 08:26 AM Hide Post
                    quote:
                    Originally posted by luvjonalyn:
                    hi to mrs_nepal.... you should get a good immigration lawyer.... falsely claiming to be a us citizen for any purpose can banned anybody from adjusting status in the USA..... If i were you, don't listen to some of these posters... get an immigration lawyer, this will cause problem especially when you guys get the adjustment of status interview.... He will not be able to adjust status in the US because he had claim purposely that HE WAS A UNITED states CITIZEN, when he was not....unless you can prove that the MISREPRESENTATION was innocent..... Read more about FALSELY CLAIMING TO BE A US CITIZEN!!!! search it and I am pretty sure that it will give you some response that you got from me.... Please seek a qualified lawyer, this is just based on my knowledge... Thanks!


                    Lawyer


                    Hi to mrs. nepal and floyd... there are 2 difference in just working illegally and claiming to be a united states citizen when you are working... if he indeed applied for a job and had checked a form (BY THE INS) that stated that he is a us citizen, then he is in big trouble.... A lot of aliens get deported because of claiming to be a us citizen when you are not..... I will give you guys a link where to find that info....

                    Comment


                    • #11
                      hi mrs. nepal, this will help you out and you give you more idea on what you are talking... all i am saying is that YOU NEED A LAWYER BECAUSE HE MISREPRESENT HIMSELF AS BEING A UNITED STATES CITIZEN, which CAN LEAD TO DEPORTATION&gt;...... I am only giving some ideas on what you should do... I read a lot about immigration stuff, so I hope this helps!!!

                      Department of State on False Citizenship Claims

                      September 17, 1997

                      R 170207Z SEP 97
                      FM SECSTATE WASHDC
                      TO ALL DIPLOMATICE AND CONSULAR POSTS
                      SPECIAL EMBASSY PROGRAM
                      AMEMBASSY BUJUMBURA
                      AMEMBASSY SARAJEVO
                      AMCONSUL GUANGZHOU
                      INFO USINS WASHDC

                      Unclas State 174342

                      Visas, Inform Consuls

                      E.O. 12958: N/A
                      Tags: CVIS
                      Subject: 104-208 Update No. 27 - - False Claims to U.S. Citizenship and
                      Amended 212(a)(6)(C)

                      Ref: 96 State 239978

                      1. Summary. An alien who made a false claim to U.S. citizenship prior to
                      Sep. 30, 1996 in order to obtain a U.S. passport, entry into the U.S., or
                      other benefit under the INA is ineligible for a visa under INA
                      212(a)(6)(C)(I) ("6C1"), provided the false claim was made to a U.S.
                      government official. A 212(d)(3)(A) waiver is available for NIV applicants
                      ineligible under 6C1, and a 212(1) waiver is a available in IV cases if the
                      alien has the requisite family relationship and can establish extreme
                      hardship to the relative. An alien who made or makes a false claim to U.S.
                      citizenship on or after Sep. 30, 1996 in order to obtain a U.S. passport or
                      entry into the U.S., or for any other purpose or benefit under the INA
                      (including employment authorization), or for any purpose or benefit under
                      any other Federal or State law, is inadmissible under (new) INA
                      212(a)(6)(C)(11) ("6C2"), regardless of whether the false claim was made to
                      a U.S. government official. A 212(d)(3)(A) waiver is available for NIV
                      applicants found ineligible under 6C2, but no/no waiver is available in IV
                      cases. End summary.

                      2. The Illegal Immigration Reform and Immigrant Responsibility Act of
                      1996 (IIRAIRA) amended INA 212(a)(6)(C) to add a separate ineligibility
                      212(a)(6)(C) (TI) for aliens who make a false claim to U.S. citizenship to
                      obtain a benefit under the INA (including INA 2-4A relating to employment
                      authorization) or any other Federal or State law. As explained in REFTEL,
                      ALDAC, this provision applies only to false claims to U.S. citizenship made
                      on or after Sep. 30, 1996, the date of IIRAIRA enactment. False claims to
                      U.S. citizenship made prior to Sep. 30, 1996, should be examined under INA
                      212(a)(6)(C)(I).

                      False Claims to U.S. Citizenship Falling Under 6C1

                      3. New INA 212(a)(6)(C)(I) ("6C1") is essentially identical to the pre-
                      IIRAIRA provision, and the FAM provisions (9 FAM 40.63) and rules and
                      procedures which governed 6C cases prior to the enactment of IIRAIRA remain
                      in effect for 6C1 cases under the new law. For 6C1 to apply in the case of
                      a false claim to U.S. citizenship, the alien must have made a false claim
                      or have misrepresented a material fact prior to Sep. 30, 1996, and the
                      alien must have done so in connection with an attempt to obtain entry into
                      the U.S., a U.S. passport, other (entry) documentation, or some other
                      benefit under the INA. A false claim to U.S. citizenship made for some
                      other purpose (e.g., to qualify for Federal welfare or entitlements) would
                      not be a ground of refusal under 6C1. In addition, per 9 FAM 40.63 N4.3
                      and relevant case law, a false claim to U.S. citizenship would not fall
                      within 6C1 unless it was made to an authorized U.S. official - generally
                      speaking, a State Department or INS officer or other USG employee involved
                      in implementing the INA.

                      False Claims to U.S. Citizenship Falling Under 6C2

                      4. False claims to U.S. citizenship made on or after Sep. 30, 1996 should
                      be examined under new INA 212(a)(6)(C)(IL) ("6C2"). This provision
                      significantly expands the scope of the ineligibility related to false
                      claims to U.S. citizenship. 6C2 applies not only to false USCIT to U.S.
                      claims made to obtain U.S. passports, entry into the U.S., or other
                      documentation or benefit under the INA; it also applies to false claims to
                      U.S. citizenship made for any purpose or benefit under any other federal or
                      state law. Thus, a false claim to U.S. citizenship, for example, to obtain
                      welfare benefits would fall within 6C2 (provided the claim was made on or
                      after 9/30/96). A false representation of U.S. citizenship made for the
                      purpose of voting in a federal or state election could also be a basis for
                      a 6C2 finding. (This would be in addition to any ineligibility finding
                      which might apply under the new unlawful voting provision of INA
                      212(a)(10)(D)). In addition, 212(a)(6)(C)(IL) expressly covers false USCIT
                      claims made for any purpose under INA section 274A, which makes it
                      unlawful to hire an alien who is not authorized to work in the U.S. Thus,
                      an alien's false claim to U.S. citizenship in order to secure employment in
                      violation of INA 2-4A would justify a 6C2 finding.

                      5. As noted above, 6C1 only applies to misrepresentations made to Consular
                      Officers, INS officers, or similar USG personnel. Conversely, there is
                      nothing in the language of 6C2 which would require that the false claim be
                      made to a U.S. official involved in implementing some aspect of the INA.
                      On the contrary, since the statute covers false claims to U.S. citizenship
                      made for purposes or benefits unrelated to the INA, the language of the
                      statute would appear to presuppose that in at least some cases the false
                      claim will be made to a federal official outside the Department or INS, or
                      to a State official, or even to a private individual (e.g., in cases where
                      the false claim to citizenship is made to a prospective employer to
                      circumvent INA 274A).

                      6. In sum, any fact pattern involving a false claim to U.S. citizenship
                      which would have resulted in a 6C finding under the old law will result in
                      a 6C finding under the new law (either under 6C1, for pre-9/30/96 false
                      claims, or under 6C2, for post-9/30/96 false claims). In addition, some
                      cases which would not have resulted in a 6C finding under the old law,
                      because the purpose for the false claim was unrelated to the INA or because
                      the claim was not made to a USG official, may justify a 6C2 finding under
                      the new law, provided the false claim to U.S. citizenship occurred on or
                      after Sep. 30, 1996.

                      Waivers

                      7. In NIV cases, A 212(d)(3)(A) waiver is available for both 6C1 and 6C2
                      ineligibilities. In IV vases, a 212(1) waiver is available in 6C1 cases if
                      the applicant is the spouse, son or daughter of an AMCIT or LPR and refusal
                      of admission to the U.S. would result in extreme hardship to that AMCIT or
                      LPR. (Note that INA 212(1), as amended by IIRAIRA, no longer permits a
                      waiver for parents or AMCITS or LPRs or for cases involving
                      misrepresentation which occurred at least 10 years ago.) There is no/no IV
                      waiver for aliens found ineligible under 6C2. Given the different waiver
                      rules, it is critical to ensure that a false claim to U.S. citizenship has
                      been properly categorized as either a 6C1 or 6C2. If posts have any
                      question about the applicability of 6C1 or 6C2 in a particular case, posts
                      are welcome to seek further guidance from the Department (CA/VO/L/A).

                      6C Not To Be Confused With 6E

                      8. In general, subsections 6C1 and 6C2 apply only to applicants who make
                      false claims to U.S. citizenship on their own behalf. (the language of 6C2
                      expressly refers to an alien "who falsely represents himself or herself to
                      be a citizen of the United States.") 212(a)(6)(C) generally would not apply
                      to an applicant who has falsely claimed that some other alien is a U.S.
                      citizen (unless that fact were somehow material to the applicant's own
                      eligibility for a visa). However, an applicant in such a case might be
                      ineligible under 6E, if the false claim was an attempt to assist the other
                      alien to enter the U.S. illegally. For example, a visa applicant who had
                      previously submitted a false U.S. birth certificate to the consulate in an
                      attempt to obtain a U.S. passport for the applicant's child would be
                      ineligible under 6E. Similarly, an alien who falsely vouched for the U.S.
                      citizenship of a companion at a port of entry, knowing in fact that the
                      companion was not an American, would also be 6E. On the other hand, an
                      alien who falsely claims that another alien (e.g., his/her child) is an
                      American citizen in order to obtain welfare or other non-INA benefits would
                      not be ineligible under 6E because the alien did not attempt to assist
                      another alien to enter the U.S. illegally, and would not be ineligible
                      under either subsection of 6C, because the false claim was not made with
                      respect to the alien's own citizenship, nor was it made in connection with
                      the alien's own application for a passport, visa, entry into the U.S., or
                      other benefit under the INA.

                      9. Minimize considered.

                      Madeleine Albright

                      Comment


                      • #12
                        TO ALL THE POSTERS OR MRS_NEPAL&gt;&gt;&gt;&gt;&gt; PLEASE CLICK ON THIS LINK, AS THIS IMMIGRATION COURT CASE IS EXACTLY WHAT YOUR HUSBAND WILL GO THROUGH AND PLEASE BELIEVE ME ON THAT.... YOU NEED A LAWYER AND STOP PUTTING IT OFF... THANKS!
                        http://www.americanlaw.com/ateka.pdf



                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by luvjonalyn:
                        hi mrs. nepal, this will help you out and you give you more idea on what you are talking... all i am saying is that YOU NEED A LAWYER BECAUSE HE MISREPRESENT HIMSELF AS BEING A UNITED STATES CITIZEN, which CAN LEAD TO DEPORTATION&gt;...... I am only giving some ideas on what you should do... I read a lot about immigration stuff, so I hope this helps!!!

                        Department of State on False Citizenship Claims

                        September 17, 1997

                        R 170207Z SEP 97
                        FM SECSTATE WASHDC
                        TO ALL DIPLOMATICE AND CONSULAR POSTS
                        SPECIAL EMBASSY PROGRAM
                        AMEMBASSY BUJUMBURA
                        AMEMBASSY SARAJEVO
                        AMCONSUL GUANGZHOU
                        INFO USINS WASHDC

                        Unclas State 174342

                        Visas, Inform Consuls

                        E.O. 12958: N/A
                        Tags: CVIS
                        Subject: 104-208 Update No. 27 - - False Claims to U.S. Citizenship and
                        Amended 212(a)(6)(C)

                        Ref: 96 State 239978

                        1. Summary. An alien who made a false claim to U.S. citizenship prior to
                        Sep. 30, 1996 in order to obtain a U.S. passport, entry into the U.S., or
                        other benefit under the INA is ineligible for a visa under INA
                        212(a)(6)(C)(I) ("6C1"), provided the false claim was made to a U.S.
                        government official. A 212(d)(3)(A) waiver is available for NIV applicants
                        ineligible under 6C1, and a 212(1) waiver is a available in IV cases if the
                        alien has the requisite family relationship and can establish extreme
                        hardship to the relative. An alien who made or makes a false claim to U.S.
                        citizenship on or after Sep. 30, 1996 in order to obtain a U.S. passport or
                        entry into the U.S., or for any other purpose or benefit under the INA
                        (including employment authorization), or for any purpose or benefit under
                        any other Federal or State law, is inadmissible under (new) INA
                        212(a)(6)(C)(11) ("6C2"), regardless of whether the false claim was made to
                        a U.S. government official. A 212(d)(3)(A) waiver is available for NIV
                        applicants found ineligible under 6C2, but no/no waiver is available in IV
                        cases. End summary.

                        2. The Illegal Immigration Reform and Immigrant Responsibility Act of
                        1996 (IIRAIRA) amended INA 212(a)(6)(C) to add a separate ineligibility
                        212(a)(6)(C) (TI) for aliens who make a false claim to U.S. citizenship to
                        obtain a benefit under the INA (including INA 2-4A relating to employment
                        authorization) or any other Federal or State law. As explained in REFTEL,
                        ALDAC, this provision applies only to false claims to U.S. citizenship made
                        on or after Sep. 30, 1996, the date of IIRAIRA enactment. False claims to
                        U.S. citizenship made prior to Sep. 30, 1996, should be examined under INA
                        212(a)(6)(C)(I).

                        False Claims to U.S. Citizenship Falling Under 6C1

                        3. New INA 212(a)(6)(C)(I) ("6C1") is essentially identical to the pre-
                        IIRAIRA provision, and the FAM provisions (9 FAM 40.63) and rules and
                        procedures which governed 6C cases prior to the enactment of IIRAIRA remain
                        in effect for 6C1 cases under the new law. For 6C1 to apply in the case of
                        a false claim to U.S. citizenship, the alien must have made a false claim
                        or have misrepresented a material fact prior to Sep. 30, 1996, and the
                        alien must have done so in connection with an attempt to obtain entry into
                        the U.S., a U.S. passport, other (entry) documentation, or some other
                        benefit under the INA. A false claim to U.S. citizenship made for some
                        other purpose (e.g., to qualify for Federal welfare or entitlements) would
                        not be a ground of refusal under 6C1. In addition, per 9 FAM 40.63 N4.3
                        and relevant case law, a false claim to U.S. citizenship would not fall
                        within 6C1 unless it was made to an authorized U.S. official - generally
                        speaking, a State Department or INS officer or other USG employee involved
                        in implementing the INA.

                        False Claims to U.S. Citizenship Falling Under 6C2

                        4. False claims to U.S. citizenship made on or after Sep. 30, 1996 should
                        be examined under new INA 212(a)(6)(C)(IL) ("6C2"). This provision
                        significantly expands the scope of the ineligibility related to false
                        claims to U.S. citizenship. 6C2 applies not only to false USCIT to U.S.
                        claims made to obtain U.S. passports, entry into the U.S., or other
                        documentation or benefit under the INA; it also applies to false claims to
                        U.S. citizenship made for any purpose or benefit under any other federal or
                        state law. Thus, a false claim to U.S. citizenship, for example, to obtain
                        welfare benefits would fall within 6C2 (provided the claim was made on or
                        after 9/30/96). A false representation of U.S. citizenship made for the
                        purpose of voting in a federal or state election could also be a basis for
                        a 6C2 finding. (This would be in addition to any ineligibility finding
                        which might apply under the new unlawful voting provision of INA
                        212(a)(10)(D)). In addition, 212(a)(6)(C)(IL) expressly covers false USCIT
                        claims made for any purpose under INA section 274A, which makes it
                        unlawful to hire an alien who is not authorized to work in the U.S. Thus,
                        an alien's false claim to U.S. citizenship in order to secure employment in
                        violation of INA 2-4A would justify a 6C2 finding.

                        5. As noted above, 6C1 only applies to misrepresentations made to Consular
                        Officers, INS officers, or similar USG personnel. Conversely, there is
                        nothing in the language of 6C2 which would require that the false claim be
                        made to a U.S. official involved in implementing some aspect of the INA.
                        On the contrary, since the statute covers false claims to U.S. citizenship
                        made for purposes or benefits unrelated to the INA, the language of the
                        statute would appear to presuppose that in at least some cases the false
                        claim will be made to a federal official outside the Department or INS, or
                        to a State official, or even to a private individual (e.g., in cases where
                        the false claim to citizenship is made to a prospective employer to
                        circumvent INA 274A).

                        6. In sum, any fact pattern involving a false claim to U.S. citizenship
                        which would have resulted in a 6C finding under the old law will result in
                        a 6C finding under the new law (either under 6C1, for pre-9/30/96 false
                        claims, or under 6C2, for post-9/30/96 false claims). In addition, some
                        cases which would not have resulted in a 6C finding under the old law,
                        because the purpose for the false claim was unrelated to the INA or because
                        the claim was not made to a USG official, may justify a 6C2 finding under
                        the new law, provided the false claim to U.S. citizenship occurred on or
                        after Sep. 30, 1996.

                        Waivers

                        7. In NIV cases, A 212(d)(3)(A) waiver is available for both 6C1 and 6C2
                        ineligibilities. In IV vases, a 212(1) waiver is available in 6C1 cases if
                        the applicant is the spouse, son or daughter of an AMCIT or LPR and refusal
                        of admission to the U.S. would result in extreme hardship to that AMCIT or
                        LPR. (Note that INA 212(1), as amended by IIRAIRA, no longer permits a
                        waiver for parents or AMCITS or LPRs or for cases involving
                        misrepresentation which occurred at least 10 years ago.) There is no/no IV
                        waiver for aliens found ineligible under 6C2. Given the different waiver
                        rules, it is critical to ensure that a false claim to U.S. citizenship has
                        been properly categorized as either a 6C1 or 6C2. If posts have any
                        question about the applicability of 6C1 or 6C2 in a particular case, posts
                        are welcome to seek further guidance from the Department (CA/VO/L/A).

                        6C Not To Be Confused With 6E

                        8. In general, subsections 6C1 and 6C2 apply only to applicants who make
                        false claims to U.S. citizenship on their own behalf. (the language of 6C2
                        expressly refers to an alien "who falsely represents himself or herself to
                        be a citizen of the United States.") 212(a)(6)(C) generally would not apply
                        to an applicant who has falsely claimed that some other alien is a U.S.
                        citizen (unless that fact were somehow material to the applicant's own
                        eligibility for a visa). However, an applicant in such a case might be
                        ineligible under 6E, if the false claim was an attempt to assist the other
                        alien to enter the U.S. illegally. For example, a visa applicant who had
                        previously submitted a false U.S. birth certificate to the consulate in an
                        attempt to obtain a U.S. passport for the applicant's child would be
                        ineligible under 6E. Similarly, an alien who falsely vouched for the U.S.
                        citizenship of a companion at a port of entry, knowing in fact that the
                        companion was not an American, would also be 6E. On the other hand, an
                        alien who falsely claims that another alien (e.g., his/her child) is an
                        American citizen in order to obtain welfare or other non-INA benefits would
                        not be ineligible under 6E because the alien did not attempt to assist
                        another alien to enter the U.S. illegally, and would not be ineligible
                        under either subsection of 6C, because the false claim was not made with
                        respect to the alien's own citizenship, nor was it made in connection with
                        the alien's own application for a passport, visa, entry into the U.S., or
                        other benefit under the INA.

                        9. Minimize considered.

                        Madeleine Albright </div></BLOCKQUOTE>

                        Comment


                        • #13
                          Dear Luvjonalyn - I read the Ateka case ( http://www.americanlaw.com/ateka.pdf ):

                          On the bottom of the document (page 5 of 6) it states:
                          "Ateka reports that the Texas Service Center may not penalize aliens who have check the first box on Form I-9 if there is no other specific evidence of a false claim to United States citizenship, citing a meeeting discussion in April 2001. Not only does this citation not have the precedential value of a Board opinion, but in Ateka's case there is other evidence of a false claim to citizenship."

                          So two things:

                          Do you know what other claims Ateka made to citizenship?

                          And

                          It appears that serivicing centers may have some discretion as to this dilemna. Is this true? Do you know where I can find the source this paper is refering to?

                          Thank you very much for this reference - I welcome any others you may have!

                          Comment


                          • #14
                            most probably Misrep didnot occured. He applied for a job and there are Two piece of Id supposed to be shown to get a job previously. he might have shown , SSN and driving license, or any other form of ID. He did not have SSN with any notation so he was presumed USC. MIs rep is when you say to DHS that You are USc or file any paperwork with DHS as USC, Vote as USC etc.
                            Its a discussion, not a legal advise..

                            Comment


                            • #15
                              On the I-9 the option to mark is "A US Citizen or National", so in theory couldn't a person be intending to mark "National" without intending to claim US Citizen?

                              Merriam-Webster's defination of "National"
                              1 : one that owes allegiance to or is under the protection of a nation without regard to the more formal status of citizen or subject
                              Merriam's definition of "Allegiance"
                              (2) : the obligation of an alien to the government under which the alien resides

                              Dictionary.com's defination of "National"
                              8. a citizen or subject of a particular nation who is entitled to its protection:
                              definition of "Subject"
                              7. a person who is under the dominion or rule of a sovereign.

                              Now, living here, a person expected to follow the rules and laws of the nation and is not granted special entitlement with general laws, and one could therefore broadly accept that title to oneself. Also, the same applies that one is also not granted less protection than any other and is entitled it's protection in daily law...ie: you get mugged, you can go to the police and report a crime and benefit from the same protection and benefits.

                              But yes, Mohan, my husband's SS card and driver's license had no special notations, so like most everywhere, when hired they fill out most of the paperwork and just have you sign and date it.

                              Comment

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