Question Regarding Entrance Documents

Youguysareawesome · 08:54 PM

Were any of you brought into the country using a citizen relative's ID or something? That may prevent you from further immigration benefits even if you were just an infant when this occurred. Can someone check this to make sure its right?

If this is true we should make sure this is addressed in the next version of the DREAM Act.

Here's the original blog post.
http://laurafern.wordpress.com/2007/...of-los-guerra/

Quote:

Very few people know this, but on the short list of things you can never overcome in U.S. immigration, falsely claiming U.S. citizenship is the worst offense. When the couple showed up on immigrate2us.net, however, a number of us wondered whether the fact that he was a minor and not the one responsible for the decision, might give them a chance at a waiver for the misrepresentation and unlawful presence.

According to attorney Laurel Scott, who specializes in family immigration matters and particularly inadmissibilities and waivers, “For the moment, minors - regardless of how old they were at the time, sometimes we’re talking about babies - are held responsible for misrepresentation committed on their behalf by another. Many attorneys have postulated that misrepresentation requires “intent” and that children under a certain age cannot form that intent. As strong as this argument is, we’re still losing on this argument at the consulate. Remember, consular decisions are non-appealable, so even if you think the consular officer is wrong, generally speaking, you lose.”

It’s difficult to believe, but apparently true, that if a foreign-born infant is admitted to the country with a U.S. citizen passport or birth certificate, they might live their whole childhood in the U.S. believing themself to be a citizen, only to find out that not only are they not a citizen, and that they never, ever will be.

Latina~Hispana · 01-05-2008, 08:41 PM

Quote:

Originally Posted by Youguysareawesome

Were any of you brought into the country using a citizen relative's ID or something? That may prevent you from further immigration benefits even if you were just an infant when this occurred. Can someone check this to make sure its right?

If this is true we should make sure this is addressed in the next version of the DREAM Act.

Here's the original blog post.
http://laurafern.wordpress.com/2007/...of-los-guerra/

Wow, that's interesting, I was going to go on a vacation to Mexico using cousin's papers...I'm so glad I didn't. That was a few years back when I was 14-15 but still.

pingpong abyss · 01-05-2008, 08:56 PM

Well, I know that if a non-US citizen votes, they can be forgiven under the INA if they believed they were a citizen at the time, so I don't see why it wouldn't apply as well to this case. If it does, I'm going to make some noise. My husband came here w/a photo switch US passport when he was 12. No way in hell is that his fault.

Ianus · 10:19 PM

^^LoL,I am sorry to laugh but we all know USCIS does NOT forgive so easily.Check out this case to see what I mean.

Quote:

BLOOMINGTON, Ill. -- Beth Keathley was so close to becoming a permanent U.S. resident that she already could feel its benefits showering over her: a Social Security number, a cheery new house, an official state identification card. Citizenship would not be far behind.

On the day the Filipino immigrant took part in her first U.S. election last fall, she proudly sported an "I voted" lapel pin on her uniform when she showed up for her cleaning shift at a hospital.

But Keathley, who has lived in the United States on a marriage visa since 2003, was not a citizen when she voted. When she told an immigration officer about it, she was charged with breaking the law.

She lost her job.

It could derail her citizenship and, unless a judge rules in her favor, she eventually could be deported -- uprooting a family that includes the couple's 9-month-old daughter, Sheina.

Keathley's crime -- one that trips up hundreds of immigrants each year -- took place at the Department of Motor Vehicles office in Bloomington, where a clerk invited her to register to vote, as part of the "Motor Voter" program.

Immigration laws prohibit noncitizens from registering to vote. But Keathley says the clerk saw her Filipino passport as part of the application for a state identification card. She figured if a state employee offered her the opportunity to register, it must be OK.

The state says its employees are prohibited by federal law from seeking confirmation of citizenship before registering people to vote.

And federal officials say the question on the registration form that asks applicants to affirm that they are citizens is clear enough.

Intentional voter fraud is a real problem, they say, and they have to enforce the laws.

Quote:

Originally Posted by Latina~Hispana

Wow, that's interesting, I was going to go on a vacation to Mexico using cousin's papers...I'm so glad I didn't. That was a few years back when I was 14-15 but still.

Uhhh,You do realize that would be two counts of a federal felony right ?
False pretense of U.S. Citizenship & ID fraud.

Anyway,on topic,I had no idea that counted but as I mentioned to everyone,NEVER claim to be a U.S. citizen.It really is that serious & there is no waiver under current law besides arguing that you didn't intend it if you believe so if you were young.

pingpong abyss · 01-05-2008, 10:19 PM

Yeah, I read that, but it's different. She was misled by the registration person, but she DID know that she wasn't a citizen. The INA does make an exception for people who mistakenly believe they are citizens.

http://www.uscis.gov/propub/ProPubVA...b0686648558dbe

Quote:

(ii) 9/ 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.

(iii) Waiver authorized.-For provision authorizing waiver of clause (i), see subsection (I).

Ianus · 11:22 PM

^^If you read it carefully those under the exception language are US citizens.

There is no exception under current law,AFAIK.The only way to fight a false claim to Citizenship was if it was made before the 1996 laws in which a person would be able to apply for a waiver.However,since the 1996 laws have come in to play there is currently no way to fight it with the exception of the charge itself.

Quote:

INS ISSUES GUIIDANCE MEMORANDUM FOR PERSONS MAKING FALSE CLAIMS TO US CITIZENSHIP

Section 212(a)(6)(C)(ii) of the Immigration and Nationality Act, as amended by the 1996 Immigration Act, renders inadmissible any alien who falsely claims to be a US citizen for ANY purpose or benefit under the Immigration and Nationality Act or any other Federal or State law. The new law applies to false claims to US citizenship made on or after September 30, 1996.

The INS has issued a memorandum to all of its offices to provide guidance on the implementation of this new law. In the agency’s memo, officers are reminded that the law is broader than other laws since it does not just apply to citizenship claims made to obtain an immigration benefit. For example, if someone claimed to be a US citizen in order to vote, then the person would be inadmissible under the statute.

The memorandum also notes that it is not necessary for the claim to have been made to a government official. Thus, a false claim of citizenship can be made to a private individual. For example, an alien who makes a false claim of US citizenship to a private employer on an I-9 Form (Employment Eligibility Verification) on or after September 30, 1996, is inadmissible under the law.

Immigrants found inadmissible under this section of the INA are permanently inadmissible and there are NO waivers available. Non-immigrant visa applicants can, however, apply for a discretionary waiver.

With respect to claims of US citizenship made prior to September 30, 1996, the claim must be related to a claim for an immigration benefit such as for a visa, admission or a US passport and the false representation must be made to a government official. If these two conditions are met, the applicant would still be inadmissible, though a waiver is still a possibility.

pingpong abyss · 01-05-2008, 11:01 PM

That's fucked up.

J6 · 01-06-2008, 12:28 AM

I feel bad for the kids but there has to be some blame assigned at some point. I really don't like the whole fraudulent documents issue and it pisses me off that people abuse this.

RahmanIV · 01-06-2008, 12:55 AM

The FAFSA asks for citizenship status to verify a student's eligibility for federal financial aid. Now, DOE verifies all claims with DHS and since DHS can't verify a substantial number of the claims, DOE requires the schools to verify the student's immigration status. The school than requests to see the student's U.S. birth certificate, certificate of naturalization or certificate of citizenship or U.S. passport. Granted that none of us have these documents, we couldn't possibly claim U.S. citizenship for federal financial aid.

My question, Are we considered inadmissible if we just claimed U.S. citizenship status on the FAFSA?? In reality, we didn't obtain any benefit, i.e. federal financial aid, because of the verification process; but is simply claiming citizenship status on the form enough to render a person inadmissible??

J6 · 01-06-2008, 01:05 AM

Quote:

Originally Posted by RahmanIV

The FAFSA asks for citizenship status to verify a student's eligibility for federal financial aid. Now, DOE verifies all claims with DHS and since DHS can't verify a substantial number of the claims, DOE requires the schools to verify the student's immigration status. The school than requests to see the student's U.S. birth certificate, certificate of naturalization or certificate of citizenship or U.S. passport. Granted that none of us have these documents, we couldn't possibly claim U.S. citizenship for federal financial aid.

My question, Are we considered inadmissible if we just claimed U.S. citizenship status on the FAFSA?? In reality, we didn't obtain any benefit, i.e. federal financial aid, because of the verification process; but is simply claiming citizenship status on the form enough to render a person inadmissible??

A strict interpretation of the law would answer yes but the way I see it the whole thing would depend on your adjustment process. I imagine USCIS is simply logistically incapable of the verification of every document out there, be it a credit card application or a FAFSA.

I don't think anybody can answer these questions because we can't predict what strange thing might pop into an interviewers head. Realistically speaking a percentage of people will be rejected by any interview process for no apparent reason other than dislike by the interviewer. After all a bunch of us here could not complete our AOS process due to a bad mood of an immigration officer.

These things are simply unpredictable no matter how solid your case and record are.

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Question Regarding Entrance Documents