Will this candidate have a chance at a legal status?

[Little_My 464]

If person X just explained the entire story - from entering the US (when, what age, what visa, with who) to today (when did the visa expire, how old is person X now, is only one or both of his parents USCs) and any other additional detail you may think of, giving advice to person X would be much easier for folks like JustBob and JimVaPhuong who, based on my observations, often give immigration-lawyer-level advice here - without the $2,000 bill. So, it is a pretty sweet deal, in my opinion. If there is any chance you can somehow try to get around this, they will probably know it. You, however, have to give them all the relevant information, otherwise this is useless.

Edited May 6, 2011 by Little_My

[VJ User 0]

Thanks. So what information should I post next?

Is there a lawyer in this thread?

If person X just explained the entire story - from entering the US (when, what age, what visa, with who) to today (when did the visa expire, how old is person X now, is only one or both of his parents USCs) and any other additional detail you may think of, giving advice to person X would be much easier for folks like JustBob and JimVaPhuong who, based on my observations, often give immigration-lawyer-level advice here - without the $2,000 bill. So, it is a pretty sweet deal, in my opinion. If there is any chance you can somehow try to get around this, they will probably know it. You, however, have to give them all the relevant information, otherwise this is useless.

Edited May 6, 2011 by VJ User

[Little_My 464]

No one here is a lawyer.

How old are you now? How old were you when you last claimed to be a USC on an official form?

[VJ User 0]

33 now.

In 2008.

No one here is a lawyer.

How old are you now? How old were you when you last claimed to be a USC on an official form?

[Little_My 464]

Well. I am not in any way an expert in this particular matter, but based on the little I know, and based on what Jim and JustBob posted earlier, I would say there is absolutely no possibility for you to adjust status based on your USC mother without this coming out - and when USCIS does find out, you will be deported. You have continued to falsely claim US citizenship for 15 years since you became a legal adult - there is no way to explain that matter away.

[VJ User 0]

What if person X leaves the country and serves the 10 year ban and then applies again?

Well. I am not in any way an expert in this particular matter, but based on the little I know, and based on what Jim and JustBob posted earlier, I would say there is absolutely no possibility for you to adjust status based on your USC mother without this coming out - and when USCIS does find out, you will be deported. You have continued to falsely claim US citizenship for 15 years since you became a legal adult - there is no way to explain that matter away.

[mjaskiew 8]

Correct me if I'm wrong but I thought overstay can be only forgiven if your spouse is USC. The OP mentioned earlier that his mother became a USC and they want to start family-based petition. If he wants to be petitioned by his mother and AOS in the US then he needs to maintain legal status. He failed to do this so his mother cannot apply for his AOS. Hence the whole discussion about false citizenship in his case is completely futile. Does not matter. To get a green card through his USC mother he would have to leave the US which would trigger 10-year ban anyway. I know 10 years does not equal a lifetime ban for misrepresentation but still - no GC in the near future for him.

Unless his wife is USC...

Edited May 6, 2011 by mjaskiew

[Inky 1,111]

I believe they already said its a life time ban for presenting yourself as a US citizen when you are in fact not.

INA 216(a)(6)©(ii):

(ii) FALSELY CLAIMING CITIZENSHIP-

(I) IN GENERAL- Any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A ) or any other Federal or State law is inadmissible.

There is a narrow exception for someone who lived in the US prior to age 16, and both parents were US citizens, and the alien reasonably believed they were also a citizen.

The ban associated with a violation of this section of the law is not limited, nor is any waiver possible. Someone found to have violated this section is inadmissible forever. If your friend is ever caught then he will be deported, and he will never be permitted to return to the US. Of all of the immigration violations someone could commit, this definitely ranks among the most egregious.

[mjaskiew 8]

What if person X leaves the country and serves the 10 year ban and then applies again?

You would get a LIFETIME ban for false claim of citizenship.

[Aztec&Taino 144]

Agreed. This game is getting old.

Members with this type of questions should realize that VJ members are unlike lawyers -who charge by the hour- and are volunteering their time to help others. I'd say that people can be as round about as they'd like, as long as they are paying for the services...

[VJ User 0]

Correct me if I'm wrong but I thought overstay can be only forgiven if your spouse is USC. The OP mentioned earlier that his mother became a USC and they want to start family-based petition. If he wants to be petitioned by his mother and AOS in the US then he needs to maintain legal status. He failed to do this so his mother cannot apply for his AOS. Hence the whole discussion about false citizenship in his case is completely futile. Does not matter. To get a green card through his USC mother he would have to leave the US which would trigger 10-year ban anyway. I know 10 years does not equal a lifetime ban for misrepresentation but still - no GC in the near future for him.

Unless his wife is USC...

Well I am getting mixed responses here.

[VJ User 0]

What happens if the Immigration Reform passes and/or Dream Act?

[mjaskiew 8]

Well I am getting mixed responses here.

Is your mother a person who would petition for your GC?

[VJ User 0]

Is your mother a person who would petition for your GC?

Mother is a USC and would petition.

[VanessaTony 3,567]

Well I am getting mixed responses here.

You are not getting mixed responses. You were getting responses based on the snippets of information you posted. Given everything you hae posted, given that you are 33 and have been in the US for at least 15 years that means you were 17-ish when you arrived. You have spent your entire adult life KNOWING you weren't a USC (which would have been your only "out".. thinking you were when you weren't but you were old enough to know you weren't a USC (also due to entering on a visitor visa you knew you entered as a "visitor" not a USC).

There is aboslutely no way to get a GC or US citizenship. Try and you will be denied, locked up in immigration jail, and deported with a lifetime ban. You can try lying and telling them you werent' a USC, that's a 10 year ban and they WILL find out because your drivers licence info (which they look at when doing background checks for one) states you said you were a USC... MULTIPLE times... not just the once. Nope. Absolutely nothing you can do.