How Can I Advise a Friend Who Might Have Falsified Info on Job App Before He Applies?

So one of his concerns before applying for the deferred action is that at some point many years ago, he remembered getting a job offer and filling out papers and then might have checked US CITIZEN. Of course the company told him they were running the E-verify so he told them the truth after. The company never responded to him and he took it as a canceled job offer.

Is he screwed? Does E-verify report to the immigration authorities in case something doesn't check out right? Should he not apply for DA?

Most likely the company tossed his application. If you lie about citizenship status you won't be able to adjust status in the future. That alone should be enough motivation.

bump for some more info

A lot of people say they are US citizens to get jobs. USCIS will probably not look into it and try and pull up I9s.

I had a thread going on this topic, check it out:

http://dreamact.info/forum/showthread.php?t=30982

He can still apply, and I really doubt there will be a problem since DACA does not grant any legal status and is discretionary [there is leniency towards the use of false information for work since it is a common scenario]. Those I-9 forms are discarded by the employers after a certain amount of years. If your friend admitted the truth before they did the E-Verify, then DHS/USCIS should have no record that he lied.

The issue will come later on if he tries to adjust his status. This is what one of my lawyers told me:

When you apply for a green card, it doesn't ask on the application if you've ever claimed to be a citizen but they might ask you during the interview (though from all the cases she has handled, she said it has yet to happen). If you apply for US citizenship they WILL ask about any previous false claims to citizenship and that's when you'll run into trouble.

As the law stands now, if you have ever made a false claim to citizenship then you are barred from ever gaining legal status, but like I said it is likely still possible to get a green card. You will not however, be able to ever become a US citizen, unless the law changes in the future (and she noted that immigration laws change all the time).

I would encourage him to apply. For processes like DACA, they take false citizenship claims as a serious offense when done for something like crossing the border/immigration benefits. Lying for employment, much less so (I submitted 6 yrs of paystubs with fake SSNs on them and my application process has gone smoothly thus far). He's clear as long as they don't directly inquire about it, and chances are they won't.