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#1
08-16-2007, 11:00 AM
Junior Member
Joined in Mar 2007
4 posts
Perchance
It was posted in another thread that falsely claiming citizenship can make a person ineligible from ever adjusting status. I always thought that it would make no difference whether you claim permanent residence or citizenship; a false statement is a false statement and therefore the consequences, if any, would be equivalent. But as far as immigration law, that does not appear to be true. Clause (ii) of paragraph (6)(C) of section 212(a) of the Immigration and Nationality Act states that a person is inadmissible by falsely claiming citizenship. Now how many people actually checked "citizen" on a college application because if you put down "permanent resident" they'd ask you for a copy of your green card? Not that I encourage anyone to do so, especially now that our situations may change.

However, most importantly, the current version of the Dream Act (Sec. 4(a)(1)(C)(i)) states that a person is eligible if they are not inadmissible under paragraph (2), (3), (6)(E), or (10)(C) of section 212(a) of the Immigration and Nationality Act. Paragraph (6)(C), the one that deals with misrepresentation, is not included as basis for ineligibility.

The following are the only parts of the inadmissibility section of current immigration law that would make someone ineligible for the Dream Act:

(2) Criminal and related grounds (convictions, etc.)
(3) Security and related grounds (terrorism, etc.)
(6)(E) Smugglers
(10)(C) International child abduction

As far as I can tell, misrepresentation, even if that includes claiming citizenship, does not make you ineligible for the Dream Act. Am I correct?
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