Death Kiss -False Claims to US Citizen - Page 6

akkiano · 02-21-2018, 04:14 PM

I've been pondering about this issue lately since I'm planning to apply for AOS this year but claimed to be a USC on an I-9 form back in 2010-11.

The reason I did it was because I was oblivious to the harsh penalty associated with claiming false citizenship and because I needed to work.

I'm sure there are plenty of us here that worked under false pretenses before DACA (i.e. fake SSN, ID, EAD, etc). And before anyone thinks of casting judgement, let me remind you that life without any immigration status is very tough and that working with fake documents is a choice you're faced with in order to survive. If you don't have the good fortune of finding self-employment or under-the-table employment, then that is the route you're forced to take.

Claiming to be a USC on the I-9 form seemed to be the best way to avoid suspicion about my status, so that is what I chose. I only realized after obtaining DACA that I should have never done it.

My only saving grace at this point is that by now that I-9 form probably doesn't exist [employers are only required to keep those forms either 3 years after the hire date or 1 year after employment ends, which ever is longer]. I could potentially use a carefully worded denial or give myself amnesia and forget it ever happened. Either way, my plan is to consult a lawyer before filing to see how to best tackle this sticky situation.

chessmaster05 · 02-21-2018, 04:17 PM

Quote:

Originally Posted by akkiano

I've been pondering about this issue lately since I'm planning to apply for AOS this year but claimed to be a USC on an I-9 form back in 2010-11.

The reason I did it was because I was oblivious to the harsh penalty associated with claiming false citizenship and because I needed to work.

I'm sure there are plenty of us here that worked under false pretenses before DACA (i.e. fake SSN, ID, EAD, etc). And before anyone thinks of casting judgement, let me remind you that life without any immigration status is very tough and that working with fake documents is a choice you're faced with in order to survive. If you don't have the good fortune of finding self-employment or under-the-table employment, then that is the route you're forced to take.

Claiming to be a USC on the I-9 form seemed to be the best way to avoid suspicion about my status, so that is what I chose. I only realized after obtaining DACA that I should have never done it.

My only saving grace at this point is that by now that I-9 form probably doesn't exist [employers are only required to keep those forms either 3 years after the hire date or 1 year after employment ends, which ever is longer]. I could potentially use a carefully worded denial or give myself amnesia and forget it ever happened. Either way, my plan is to consult a lawyer before filing to see how to best tackle this sticky situation.

Please keep us posted on what your attorney says.

JayR9 · 02-21-2018, 04:22 PM

Quote:

Originally Posted by liz92

Hey guys, I have a question pertaining to this topic. So about 7 months ago I did an inventory job and it was just like random contract work. I filled out a W-9 form instead of an I-9. I'll link an example of it below.
https://www.irs.gov/pub/irs-pdf/fw9.pdf

This form doesn't have the option to explicitly write down that you're not a citizen. It just says US person. I'm going to start the AOS process and I'm just trying to think back to everything I'm worried about to bring up to the lawyer. My husband says I shouldn't worry because, contractors don't usually turn that form in unless you make over a certain amount on the job, and I only made about 150 that day. What do you guys think?

https://www.avvo.com/legal-answers/w...--2608257.html

Okay, looks like you’re good. Please keep us update and good luck on your AOS

AleiaTheEnchanted · 02-21-2018, 07:44 PM

Quote:

Originally Posted by akkiano

I've been pondering about this issue lately since I'm planning to apply for AOS this year but claimed to be a USC on an I-9 form back in 2010-11.

The reason I did it was because I was oblivious to the harsh penalty associated with claiming false citizenship and because I needed to work.

I'm sure there are plenty of us here that worked under false pretenses before DACA (i.e. fake SSN, ID, EAD, etc). And before anyone thinks of casting judgement, let me remind you that life without any immigration status is very tough and that working with fake documents is a choice you're faced with in order to survive. If you don't have the good fortune of finding self-employment or under-the-table employment, then that is the route you're forced to take.

Claiming to be a USC on the I-9 form seemed to be the best way to avoid suspicion about my status, so that is what I chose. I only realized after obtaining DACA that I should have never done it.

My only saving grace at this point is that by now that I-9 form probably doesn't exist [employers are only required to keep those forms either 3 years after the hire date or 1 year after employment ends, which ever is longer]. I could potentially use a carefully worded denial or give myself amnesia and forget it ever happened. Either way, my plan is to consult a lawyer before filing to see how to best tackle this sticky situation.

Well the question is if they actually submitted the I-9?? Doesn't the employers have to submit it to verify if you are legal to work?? And if they do that will be in the government system?? Please let me know if it is. I don't want to assumed.
There is no judgement here. This topic is about false claim of US Citizenship. Like I said before this question will come up eventually especially to people doing an AOS. The more we know the better we can prepare ourselves and prevent this situation from happening. Thank you for sharing and please do keep us updated if there are new info regarding this matter.

jorgeag92 · 02-21-2018, 08:29 PM

I thought the I9 is just in case your company gets audited. At least thats what the HR person told me. My company gets audited every year, and they check the employee files. Funny...they are actually auditing us right now in one of our conference rooms lol

chessmaster05 · 02-21-2018, 08:49 PM

Quote:

Originally Posted by AleiaTheEnchanted

Well the question is if they actually submitted the I-9?? Doesn't the employers have to submit it to verify if you are legal to work?? And if they do that will be in the government system?? Please let me know if it is. I don't want to assumed.
There is no judgement here. This topic is about false claim of US Citizenship. Like I said before this question will come up eventually especially to people doing an AOS. The more we know the better we can prepare ourselves and prevent this situation from happening. Thank you for sharing and please do keep us updated if there are new info regarding this matter.

I-9 forms are kept by the employer in case of an audit. After 3 years or 1 year after you quit, whichever is greater, these forms should be discarded by the employer. The instructions to the employer clearly state to NOT submit these forms.

AleiaTheEnchanted · 02-21-2018, 11:22 PM

Quote:

Originally Posted by chessmaster05

I-9 forms are kept by the employer in case of an audit. After 3 years or 1 year after you quit, whichever is greater, these forms should be discarded by the employer. The instructions to the employer clearly state to NOT submit these forms.

Sorry but who audits it?? Where I work they didn't ask me to fill an I-9. They just wanted to know my SSN and name and address. So, I'm kind of confused.
Also, some people get in trouble or for putting USC on their I-9. So do you mean to say that these people get in trouble because they admit it?? And not because they actually found out???

AleiaTheEnchanted · 12:33 AM

I found this. Don't know how they found out. Maybe he admitted it?? Or USCIS has some kind of super computer....actually let's hope not. This was posted I think on 2016.

Quote:

The 8th Circuit Court of Appeals in Etenyi v. Lynch upheld the Board of Immigration Appeals’ (“BIA”) decision, wherein it found an individual’s status could not be adjusted because he had falsely claimed that he was a United States citizen on an I-9 form.

Etenyi, a citizen of Kenya, applied for Adjustment of Status. The USCIS denied the adjustment because Etenyi filled out an I-9 form for an employer claiming to be a United States citizen. After being placed into removal proceedings, a hearing was held before an immigration judge (“IJ”). Etenyi testified that the I-9 form had been pre-populated with his personal information. Although he confirmed that his name, address, social security number, and date of birth were correct, he claimed that he did not notice the checked box asserting, under penalty of perjury, that he was a “citizen of the United States.”

The IJ and the BIA held that Etenyi was removable because he had signed the I-9 form and thereby adopted its contents. The evidence at issue, as noted by the IJ, included the I-9 form with the false claim of citizenship, Etenyi’s testimony that he reviewed other information on the form before signing it, Etenyi’s signature, and the fact that Etenyi had a college-level education from an American university.

The Court did not agree with Etenyi’s arguments. First, he argues that an I-9 form cannot serve as the basis for a false claim of citizenship in a removal proceeding. The BIA and the Court have consistently held that the language of 8 U.S.C. § 1324a(b)(5) does not preclude the use of an I-9 form in removal proceedings. Second, Etenyi relies upon Kirong v. Mukasey, 529 F.3d 800 (8th Cir. 200

, to argue that DHS must present more than the I-9 form to satisfy its burden of proof. However, the Court found the I-9 form discussed in Kirong reflected the format of a prior version of the I-9 form, where an employee could check the box - “I am a citizen or national of the United States.” “This disjunctive phrasing rendered the alien’s statement ambiguous as to whether his ‘attestation involved a claim of citizenship or nationality.’” The box on Etenyi’s I-9 form states only that the applicant is “citizen of the United States.” Because this phrasing is unambiguous, an employee who attests to the validity of the checked “citizen of the United States” box by signing this I-9 form has made an objectively false representation of citizenship.

Takeaway:

This decision demonstrates the enormous consequences that falsely claiming U.S. citizenship can have on an immigration case. One can no longer rely upon the ambiguity of marking “U.S. Citizen or U.S. National” if the I-9 form was completed in the last six years. That’s when the USCIS separated the two statuses into separate boxes.

http://blogs.ilw.com/entry.php?8794-...ip-on-I-9-Form