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DAP Forums > DREAM Act > The Lounge

Death Kiss -False Claims to US Citizen - Page 2

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#11
02-15-2018, 02:44 PM
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Quote:
Originally Posted by NoLineOnTheHorizon View Post
Learn from my mistake guys. Never, EVER claim to be a USC, no matter how easy it may seem at the time to a Federal Agent or anywhere else for that matter. EWI at age 5, I currently have DACA, have a Bachelor’s degree, a great career that I love and have worked in since day one with EAD (also have an employer who'd gladly sponsor me).
In 2004 way before DACA, I made a false claim to be a USC to a Federal Agent. I was young and stupid and had no idea of the consequences. It really has been a death kiss for me.
Married to USC, USC step dad, LPR mom and two younger USC siblings both over 21 now, none of which can help with a INA charge 212(a)(6)(C)(ii) on my FIOA, so AP was never an option for that reason.
I don’t look for sympathy. If a solution passes where I would qualify for relief, great but if not I will still be ecstatic that my fellow dreamers will finally have some peace.
So are you still in US?? Was this claim made at the border?? If so, I am not sure but I've read something about it not applying to the INA.
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#12
02-15-2018, 02:53 PM
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Yes, still in the US and currently working on plan c and d. And yes the claim was made at a POE in 2004 way before DACA. And it certainly did apply as I have a charge and have had many, many attorneys review. Even investing a significant amount of money and applying for a E2 can not help me at this point.
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#13
02-15-2018, 02:57 PM
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Quote:
Originally Posted by NoLineOnTheHorizon View Post
Yes, still in the US and currently working on plan c and d. And yes the claim was made at a POE in 2004 way before DACA. And it certainly did apply as I have a charge and have had many, many attorneys review. Even investing a significant amount of money and applying for a E2 can not help me at this point.
I'm confused. You have a charge under INA due to false claim of USC but you're still here?? I don't mean it in a sarcastic way but I'm jist baffled because the stories that I've read usually you get deported for those things?? And that's there s no waiver for it.

I know this INa thing sucks and causes many families to be separated.
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#14
02-15-2018, 03:25 PM
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Quote:
Originally Posted by NoLineOnTheHorizon View Post
Learn from my mistake guys. Never, EVER claim to be a USC, no matter how easy it may seem at the time to a Federal Agent or anywhere else for that matter. EWI at age 5, I currently have DACA, have a Bachelor’s degree, a great career that I love and have worked in since day one with EAD (also have an employer who'd gladly sponsor me).
In 2004 way before DACA, I made a false claim to be a USC to a Federal Agent. I was young and stupid and had no idea of the consequences. It really has been a death kiss for me.
Married to USC, USC step dad, LPR mom and two younger USC siblings both over 21 now, none of which can help with a INA charge 212(a)(6)(C)(ii) on my FIOA, so AP was never an option for that reason.
I don’t look for sympathy. If a solution passes where I would qualify for relief, great but if not I will still be ecstatic that my fellow dreamers will finally have some peace.
Thank you for sharing your story with us. I hope they come up with a solution in the next CIR. It's ridiculous that a violent criminal can get a waiver and you can't. If you don't mind me asking, did they try to immediately deport you and how were you able to end up staying. Also have you spoken with a lawyer in regards to "matter of K' and using a fraud and misrepresentation waiver?
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#15
02-15-2018, 03:28 PM
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Quote:
Originally Posted by Got_Daca View Post
In theory, claiming USC on credit applications does not relate to the benefit sought. Thus not a ground for inadmissibility. So is claiming USC on college application, if your state already grants instate tuition to DACA, claiming USC will not relate to the benefit sought:

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.

https://cliniclegal.org/resources/bi...im-citizenship

However, falsely claiming USC to evade law enforcement is clearly in the wrong:

The words “benefit” and “purpose” were given separate meanings. A benefit has to be identifiable and enumerated in the Immigration Act or in the federal or state law. So that includes all situations where one is applying for a specific thing or status, such as a passport, driver’s license, employment authorization document, parole or entry to the United States. It would not include statements made to evade removal proceedings. The word “purpose” is broader than “benefit” and would include the avoidance of negative legal consequences. Individuals who lie about their citizenship to Department of Homeland Security officers at the border are, for example, seeking to evade inspection
Thank you, Got_DACA. Yeah I found that article as well. It looks like it's safe to answer "No" to the question on the naturalization app without being false?
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#16
02-15-2018, 03:45 PM
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Quote:
Originally Posted by JayR9 View Post
Thank you, Got_DACA. Yeah I found that article as well. It looks like it's safe to answer "No" to the question on the naturalization app without being false?
Putting YES will only hurt you
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#17
02-15-2018, 03:58 PM
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The how am I still here part is a little tricky, it baffles everyone who reads my case. My FOIA shows a I-193 and a I-831 were filled out. The I-831 has most of the information it reads "Subject was allowed to withdraw her application for admission in lieu of expedited removal for 6c2 of the INA. The subject was advised of her right to speak to the Mexican consulate and subject waived that right. The Subject was returned to Mexico in good health without further incident."

The baffling part is I was released to someone in the US. I was 19 and looked 14 and I recall the officer asking if there was someone he should call to pick me up and I did, My USC stepdad at the time and they had me wait in a waiting area (it was late at night) and when he showed up they allowed me to leave with him. INTO THE US. I have been told that is the reason why a I-193 is also a part of my file but I wouldn't have qualified for it.
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#18
02-15-2018, 04:10 PM
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Didn’t Trump’s mother lie about having US citizenship in the US Census ?
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#19
02-15-2018, 04:29 PM
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Quote:
Originally Posted by Got_Daca View Post
Putting YES will only hurt you
Agreed to this. And even if the state doesn't have in-state tuition I don't think it'll be a problem as you don't need to be a USC to get into college as they cannot deny you based on your immigration status. The fraud is maybe to school as some schools charge out of state tuition for DACA but pretty it doesnt apply to immigration. Also, it doesn't apply if the person as a reasonable belief that he/she is a USC. So I think it's safe to say No. Also this question will be in the I485 which is for Greencard. I heard question about false claim question wasn't even in the form until last year around August.
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Last edited by AleiaTheEnchanted; 02-15-2018 at 04:37 PM..
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#20
02-15-2018, 04:34 PM
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Another warning, if you see that question in any form, don't just leave it blank, actually go through the effort of writing no or checking no.

One of my biggest fears is having someone at some point, notice that citizenship was not checked, and whoever has that form in front of them thinking that they will be helpful because checking no might cause you to lose grants and federal funding for your education.

This is really bad, and I have heard of this happening in the college application process in the past where it seems someone changed the form in that manner for a student and they ended up getting government assistance for their education.

It is extremely hard to prove you did not check yes and someone else might have done it, and it is extremely easy for someone else to check yes for you on any form falling out of their role. It could be avoided by making sure you do not leave that field blank.

My professional field is in voter registration. In talking with supervisor of elections representatives in my state I have learned that they do call DHS for cases someone checks USC and they are not actually a USC. This can lead to deportation, or loss of permanent residency.

What is worst, this happens more often in the high school setting. There are peer pressures when filling out the voter registration, people are in the shadows and someone is checking the form in front of them and noticing that they did not check that question. They think it is not a big deal.

Or they check yes because a lot of us did not find out we where undocumented until we applied for college.
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