Previous mistake on a College App - Page 4

Originally Posted by Ianus

At the core, USCIS is capable of a lot more than simply digging deep into everyone's past for a present day benefit. The agency can also open investigations into an A-file that has been considered "closed"! An A-file is "closed" when an individual finally is approved for Naturalization/ US citizenship.

We as dreamers make the claim that we are not responsible for the unauthorized actions that brought us here, but that we are simply trying to establish a peaceful life without fear of removal or issues with the government. What I am trying to highlight is that issue would still be prevalent if a false claim to US citizenship was made. DHS immigration agencies can indeed re-open an A-file to see if the application was made truthfully. I just don't see what is the point of lying on an immigration application, establishing yourself over a period of time and continuing with life while STILL looking over your shoulder as a US citizen who made an initial fraudulent application. I would think we are trying to get away from that, but maybe I am wrong.

Still, I believe strongly that dreamers should have the correct information so they may better relate and understand their current situation. However the situation is handled is now up to the individual OP is referring.
I absolutely agree, there are many more serious issues and crimes than simply making such a claim. Still, there is no realistic chance the current administration and Congress will repeal a punitive law that has been in effect since 1996.

This is why I highlighted the seriousness of the claim. It is not only no waivers, but there is also a permanent bar associated.

My biggest concern..most have had to submit some sort of college information for DACA. Should a reform package that deals specifically with Dreamers and the Administration creating a new "immigrant vetting" department, one should be aware specifically with the issues and what may crop up as a result.

Originally Posted by AleiaTheEnchanted

"The BIA reviewed the major federal cases that discussed whether a false claim of citizenship was made in a range of settings: applying for a passport, obtaining a federal student loan, being inspected at the border, seeking private sector employment and responding to questioning by police after an arrest. The BIA concluded that false claims of citizenship must meet two requirements.The first is a finding of subjective intent to achieve a purpose or obtain a benefit under the Act or any federal or state law. The second requirement is that the purpose or benefit must be defined objectively. In other words, the false claim of citizenship must actually relate to the benefit sought. For example, if the person lied about being a U.S. citizen in order to secure a small business loan, and the applicant’s citizenship is irrelevant, then that would not trigger the ground of inadmissibility."

Correct me if I'm wrong but I'm reading this and it made me think. So for first requirement, she didn't know and assumed that she was UC so there was no "subjective intent". The second requirement is there was no "benefit" in it as you don't have to be a UC to get into college. An SSN may be needed but she got that due to the petition by her step-mom. Also, highschools tends to prepare this stuff for you. So, the person's claim to citizenship is irrelevant??

Originally Posted by JayR9

Lol so after you started this whole thing. I have been spending 2 whole days reading up on this. I believe she is fine. If she is scared she should hire a attorney.

Originally Posted by AleiaTheEnchanted

Lmaooo! Well idk if I was right about that though. And just like you I've been reading a lot about this too. It's just that for one thing this might become an obstacle to future Dreamers who might have done the same thing for a pathway to citizenship. Because like I said, that question of "Have you ever claimed to be a US Citizen?" will definitely come up in some written form. Just spreading awareness and also an idea of what headache it'll be.
I too believe that she is fine. She doesn't meet the 2 requirements for a claim to be false, therefore, that question doesn't apply to her.

Originally Posted by JayR9

Yes, I think this is a common thing among the undocumented immigrant population esp when it comes to things like mortgage loans, car loans, bank account, and etc...It's crazy how they made this so harsh. The answer has to be a "No." Otherwise you're fucked lol.

Yeah she has good grounds to stand on. I hope it all works out for her.

Originally Posted by AleiaTheEnchanted

I agree lol. FYI, this question is also in N-400. This form is for Naturalization which is when you want to become a US citizen. So yes it'll be a huge obstacle for some Dreamers. I really hope they change it the law or at least the wording haha

Originally Posted by JayR9

Yeah I actually looked at N-400 first. I think many of us can live without being citizens. It's unfortunate that this question is also on permanent resident application. It's so out of place too. Most of the questions deal with violent crimes, gangs, and etc... but the deadliest is that innocent question lol.