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DAP Forums > DREAM Act > The Lounge

Death Kiss -False Claims to US Citizen - Page 10

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#91
02-26-2018, 12:46 PM
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Quote:
Originally Posted by JayR9 View Post
So no human in this world can be without citizenship? Isn't a requirement for being a US citizen, you have to renounce any other citizenship?
You don't have to renounce other already established citizenships, but if you where to apply for citizenship to another country you can be denaturalized. Its about the order in which the citizenship is acquired and the laws pertaining to the different countries governing that status.

For example Colombia, you where born in the country you are a citizen, even if you apply for citizenship to another country you may still have that citizenship.

But if the person I married is a US citizen already and we move back to Colombia and she becomes a citizen of Colombia then she will lose the US Citizenship per the US laws.

I have known people to hold 3 different citizenships before (French, Cape Verde and European Union, and they are in the US, so if they married to a US citizenship they could technically acquire a fourth citizenship, but if they tried to apply for a fifth citizenship the US citizenship will be dropped).

I am trying to remember which country it is, but there have been cases, including members in this forum that are technically citizen of no country, the country of birth did not recognize them because neither parent was a citizen, they are in the US as undocumented, and neither country of their parents birth would recognize them because they where not born in that country even though parents where citizens.

If this has people's heads spinning, its normal, it can get very complex and in some cases these are the people that will spend years and decades in detention centers because they are in perpetual limbo, cannot be deported anywhere and will not be released from a detention center either.

Very scary, and very unknown and kept very quiet. The same issue exists for people coming from countries that are embargoed by the US. You will not see anyone from North Korea that is not here on diplomatic matters, if they exists in this country, they are in a detention center somewhere, and it might be possible the only way to reach them is for one be imprisoned at the same time to get their stories out.

There was a movement a few years ago where the civil disobedience action involved youth getting purposes caught, sent to detention centers and they would collect stories of people in detention center since the legal laws do not apply in those centers no one has a right to a lawyer, nor do they make it possible for someone to seek a lawyer either if they wanted to.
Last edited by buckminsterfullerene; 02-26-2018 at 12:51 PM.. Reason: adding more details
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#92
02-26-2018, 08:32 PM
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Quote:
Originally Posted by AleiaTheEnchanted View Post
How did he do that?? Adjustment to LPR has the question "Have you ever claimed to be a USC??" Either he put no or he put yes and explained to them why, we don't know. Let's jist hope they don't find out and get his adjustment revoked. Btw, didn't he send some DACA school info?? I think they check all the things you submit including Marriage and DACA (of he is a DACA recipient). Did he go to college?? Did he put himself as a USC??


An immigration prosecutor would have to prove someone claimed citizenship for the sake of federal benefits. The question asks ,"Have you ever claimed citizenship?" But not for what purpose until you answer yes where immigration agent would dig more into it.



Alot of people claimed citizenship on their I9s is USCIS going to revoke their citizenships?
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#93
02-26-2018, 08:47 PM
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Quote:
Originally Posted by Pianoswithoutfaith View Post
An immigration prosecutor would have to prove someone claimed citizenship for the sake of federal benefits. The question asks ,"Have you ever claimed citizenship?" But not for what purpose until you answer yes where immigration agent would dig more into it.



Alot of people claimed citizenship on their I9s is USCIS going to revoke their citizenships?
So you claimed to be USC on i-9.

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#94
02-26-2018, 09:47 PM
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Quote:
Originally Posted by buckminsterfullerene View Post
You don't have to renounce other already established citizenships, but if you where to apply for citizenship to another country you can be denaturalized. Its about the order in which the citizenship is acquired and the laws pertaining to the different countries governing that status.

For example Colombia, you where born in the country you are a citizen, even if you apply for citizenship to another country you may still have that citizenship.

But if the person I married is a US citizen already and we move back to Colombia and she becomes a citizen of Colombia then she will lose the US Citizenship per the US laws.

I have known people to hold 3 different citizenships before (French, Cape Verde and European Union, and they are in the US, so if they married to a US citizenship they could technically acquire a fourth citizenship, but if they tried to apply for a fifth citizenship the US citizenship will be dropped).

I am trying to remember which country it is, but there have been cases, including members in this forum that are technically citizen of no country, the country of birth did not recognize them because neither parent was a citizen, they are in the US as undocumented, and neither country of their parents birth would recognize them because they where not born in that country even though parents where citizens.

If this has people's heads spinning, its normal, it can get very complex and in some cases these are the people that will spend years and decades in detention centers because they are in perpetual limbo, cannot be deported anywhere and will not be released from a detention center either.

Very scary, and very unknown and kept very quiet. The same issue exists for people coming from countries that are embargoed by the US. You will not see anyone from North Korea that is not here on diplomatic matters, if they exists in this country, they are in a detention center somewhere, and it might be possible the only way to reach them is for one be imprisoned at the same time to get their stories out.

There was a movement a few years ago where the civil disobedience action involved youth getting purposes caught, sent to detention centers and they would collect stories of people in detention center since the legal laws do not apply in those centers no one has a right to a lawyer, nor do they make it possible for someone to seek a lawyer either if they wanted to.
Damn that is crazy to be undocumented world wide. When you're detained by ICE you don't have your right to a phone call? I don't think they can violate your due process. You still have to go to immigration court and you have a right to representation.
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#95
02-26-2018, 09:50 PM
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Quote:
Originally Posted by Demise View Post
US is not a signatory to the 1951 convention on reduction of statelessness. They might have a difficulty in removing you if there's no country on the planet that will take you since you're now stateless, but they aren't legally obligated by anything to keep you.

Still, burden of proof is on the government to prove you somehow committed fraud, and in third circuit (only one that actually interpreted INA 246 correctly) they only have 5 years since date of adjustment to review your case, afterwards you're fine even if there's serious problems.
5 years rule, is that for adjustment to citizenship?
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#96
02-26-2018, 10:19 PM
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Quote:
Originally Posted by Pianoswithoutfaith View Post
An immigration prosecutor would have to prove someone claimed citizenship for the sake of federal benefits. The question asks ,"Have you ever claimed citizenship?" But not for what purpose until you answer yes where immigration agent would dig more into it.

Alot of people claimed citizenship on their I9s is USCIS going to revoke their citizenships?
Well most of the cases I know that got denied is it's because of their I-9. Some people did mention about checking the USC box in their college application as well but that gets factor aside. So I think claiming I-9 is more severe?? Idk. I also did find some cases that USCIS do find some people based on their I9 form and not because the beneficiary ever admitted ot. Sometimes they find it through E-Verify. However, there were some cases that the immigration officer did ask for a copely of their I9 during the Interview. I guess the decision will be due to the discretion of the officer. Let's just hope he/she is a compassionate and understanding one.
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Last edited by AleiaTheEnchanted; 02-26-2018 at 10:34 PM..
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#97
02-27-2018, 12:51 AM
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Okay everyone, we are all going to be fine long as it's a DA bill by Durbin. Durbin has our back. I found this in the Dream Act 2017 bill. False Claim to Citizenship would not make us inadmissible:

(1) IN GENERAL.—Notwithstanding any other provision of law, the Secretary shall cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence on a conditional basis, an alien who is inadmissible or deportable from the United States or is in temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), if—

(A) the alien has been continuously physically present in the United States since the date that is 4 years before the date of the enactment of this Act;

(B) the alien was younger than 18 years of age on the date on which the alien initially entered the United States;

(C) subject to paragraphs (2) and (3), the alien—

(i) is not inadmissible under paragraph (2), (3), (6)(E), (6)(G), (, (10)(A), (10)(C), or (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a));
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#98
02-27-2018, 01:05 AM
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Unfortunately, CIR 2013 did not grant inadmissibility for it.
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#99
02-27-2018, 01:15 AM
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Quote:
Originally Posted by JayR9 View Post
Okay everyone, we are all going to be fine long as it's a DA bill by Durbin. Durbin has our back. I found this in the Dream Act 2017 bill. False Claim to Citizenship would not make us inadmissible:

(1) IN GENERAL.—Notwithstanding any other provision of law, the Secretary shall cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence on a conditional basis, an alien who is inadmissible or deportable from the United States or is in temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), if—

(A) the alien has been continuously physically present in the United States since the date that is 4 years before the date of the enactment of this Act;

(B) the alien was younger than 18 years of age on the date on which the alien initially entered the United States;

(C) subject to paragraphs (2) and (3), the alien—

(i) is not inadmissible under paragraph (2), (3), (6)(E), (6)(G), (, (10)(A), (10)(C), or (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a));
Let's hope this actually pass. But chances are slim as it's still in introduction phase and Trump admin is quite not "pro-immigrants."
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#100
02-27-2018, 01:20 AM
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Need someone smarter than me to interpret this. Does modification of this clause fix past false claims in any way for undocumented immigrants? I saw that they strike "extreme" which would mean a waiver for hardship would be available.

(d) False Claims-

(1) INADMISSIBILITY-

(A) IN GENERAL- Section 212(a)(6)(C) (8 U.S.C. 1182(a)(6)(C)) is amended to read as follows:

‘(C) MISREPRESENTATION-

‘(i) IN GENERAL- Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or within the last 3 years has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

‘(ii) FALSELY CLAIMING CITIZENSHIP-

‘(I) INADMISSIBILITY- Subject to subclause (II), any alien who knowingly misrepresents himself or herself to be a citizen of the United States for any purpose or benefit under this chapter (including section 274A) or any other Federal or State law is inadmissible.

‘(II) SPECIAL RULE FOR CHILDREN- An alien shall not be inadmissible under this clause if the misrepresentation described in subclause (I) was made by the alien when the alien--

‘(aa) was under 18 years of age; or

‘(bb) otherwise lacked the mental competence to knowingly misrepresent a claim of United States citizenship.

‘(iii) WAIVER- The Attorney General or the Secretary of Homeland Security may, in the discretion of the Attorney General or the Secretary, waive the application of clause (i) or (ii)(I) for an alien, regardless whether the alien is within or outside the United States, if the Attorney General or the Secretary finds that a determination of inadmissibility to the United States for such alien would--

‘(I) result in extreme hardship to the alien or to the alien’s parent, spouse, son, or daughter who is a citizen of the United States or an alien lawfully admitted for permanent residence; or

‘(II) in the case of a VAWA self-petitioner, result in significant hardship to the alien or a parent or child of the alien who is a citizen of the United States, an alien lawfully admitted for permanent residence, or a qualified alien (as defined in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b))).

‘(iv) LIMITATION ON REVIEW- No court shall have jurisdiction to review a decision or action of the Attorney General or the Secretary regarding a waiver under clause (iii).’.

(B) CONFORMING AMENDMENT- Section 212 (8 U.S.C. 1182) is amended by striking subsection (i).

(2) DEPORTABILITY- Section 237(a)(3)(D) (8 U.S.C. 1227(a)(3)(D)) is amended to read as follows:

‘(D) FALSELY CLAIMING CITIZENSHIP- Any alien described in section 212(a)(6)(C)(ii) is deportable.’.
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