Denied

[Boiler 45,486]

Nope... Life time ban for claims of being a USC, when you are not. No waviers.....

Ditto

Unless there was that get out.

[Sergi9 110]

Thank you! I can really use the encouragement...like where do I start? I dont know ANYONE in Nigeria! So I get there and then what? I'm sooooo screwed! And they revoked my EAD so I cant even work pending sorting this out! I swear I'm totally suicidal! Ive lost my home, my car...I cant pay legal fees...Im doomed

Contact Catholic Legal services, they might be able to recommend something. You have a child to consider so you have to snap out of it and get creative and work this out. Best wishes.

[VanessaTony 3,567]

Is your family able to help you out at all? Financially I mean?

[KittyPollitt 284]

To me, this is precisely what is wrong with the US immigration system. This is an epic fail, and it hurts to read things like this. OP- have you considered sharing your story with any media outlets? Your case is the kind of case that can spark reform, and the average American should know when the laws in place are flawed and tear apart honest, hardworking families. You were honest to the best of your ability, and when you tried to right a wrong, the system failed you. I really hope Laurel Scott can help you. Please let us know the outcome. I'm praying for you.

[JimVaPhuong 4,863]

I only applied last year, I indicated US citizen as usual at a new job and they ran it through Everify which let me know I wasnt, I went to social securty administration and they advised me I only had an approve I-130 and needed to do an adjustment of status! I am freaking out! If I knew I did something wrong why would I go disclose to USCIS that I filled out citizen? They didnt even ask me! OMG I guess this is the price of being honest...I have never violated any laws and I even file taxes...I feel like my life is over! I havent worked since August last year when this all happened and consultation alone was $200 ...Ill see what Laurel Scott says tomorrow!

Thanks again yall

Don't panic until a competent lawyer tells you to panic.

First, any eligibility you might have had in the past to acquire US citizenship is moot - you're no longer eligible. The approved I-130 does make you eligible to adjust status, but the false claim of citizenship is a dead stop. Nothing can be done until you've dealt with that.

There is no waiver possible for a false claim of citizenship, nor is there any statutory limit on the length of the ban. If you're determined to be inadmissible for this reason then you would be inadmissible forever. Your only hope is the exception to INA 212(a)(6)(C )(ii). In order to qualify for that exception, both of your parents must be US citizens, and you must have reasonably believed you were also a US citizen.

From what you've stated so far, the only impediment here is your father. You must find your father and determine if he's a US citizen. If not, there won't be anything a lawyer will be able to do to help you.

[Immgrant123 5]

Nope... Life time ban for claims of being a USC, when you are not. No waviers.....

Only Waiver Or Exception

To Inadmissibility:

Section 212(a)(6)©(ii)(II) of the Immigration and Nationality Act states the only exception or waiver to falsely claiming U.S. citizenship, to wit: In the case of an alien making a representation described in subclause (I) (on false representation to be a U.S. citizen), if:

(1) each natural parent of the alien (or, in the case of an adopted alien, each adopted parent of the alien) is or was a citizen (whether by birth or naturalization);

(2) the alien permanently resided in the United States prior to attaining the age of sixteen (16); and

(3) the alien reasonably believed at the time of making such representation that he or she was a citizen.

If all three (3) aforesaid elements are present, the alien shall not be considered to be inadmissible under any provision of this subsection based on such representation of being a United States citizen.

[Lisamarie 79]

Oh my gosh, I am really, really worried for you............ :( I know you have been here since you were very young, but is there a way to find out if you have any kind of extended family in Nigeria, in case you are deported? (I sincerely hope it doesn't come to that).....if it does happen, will they deport your daughter along with you, or let you take her, or what?? I don't know anything about the procedure. Do you have "any" family or friends here that would help you financially try to get this straightened out?

Where are you located? Are you in N Carolina? Is there anyone on this board that knows an attorney in that area that would help him?? (or her...not sure if you are male or female, I might have missed a post)

My prayers are with you that you can get this worked out....

Only Waiver Or Exception

To Inadmissibility:

Section 212(a)(6)©(ii)(II) of the Immigration and Nationality Act states the only exception or waiver to falsely claiming U.S. citizenship, to wit: In the case of an alien making a representation described in subclause (I) (on false representation to be a U.S. citizen), if:

(1) each natural parent of the alien (or, in the case of an adopted alien, each adopted parent of the alien) is or was a citizen (whether by birth or naturalization);

(2) the alien permanently resided in the United States prior to attaining the age of sixteen (16); and

(3) the alien reasonably believed at the time of making such representation that he or she was a citizen.

If all three (3) aforesaid elements are present, the alien shall not be considered to be inadmissible under any provision of this subsection based on such representation of being a United States citizen.

[Boiler 45,486]

She said her daughter was born here.

Immigration law is Federal.

It should be a factual matter whether she can qualify for the loophole.

[Deputy Purple 1,294]

To me, this is precisely what is wrong with the US immigration system. This is an epic fail, and it hurts to read things like this. OP- have you considered sharing your story with any media outlets? Your case is the kind of case that can spark reform, and the average American should know when the laws in place are flawed and tear apart honest, hardworking families. You were honest to the best of your ability, and when you tried to right a wrong, the system failed you. I really hope Laurel Scott can help you. Please let us know the outcome. I'm praying for you.

Did the system fail the OP or did her family fail her?

I don't see how the family failing to do things properly constitutes an Epic Failure of the US Immigration System (I'm not saying it's not flawed, just that doesn't apply to this case).

USICS didn't:

Drop the ball on protecting her status.

Lead her to believe that she was a US Citizen.

Impose a punishment for something she didn't do.

Do I feel for the Op, sure I do. That doesn't mean that I should shift blame for her current dilemma from her parents to USCIS. The bottom line is if they had done their part then all of this could have been avoided. Sometimes inaction is just as damaging as wrong action, this is one of those times.

[Usui Takumi 1,562]

Did the system fail the OP or did her family fail her?

I don't see how the family failing to do things properly constitutes an Epic Failure of the US Immigration System (I'm not saying it's not flawed, just that doesn't apply to this case).

USICS didn't:

Drop the ball on protecting her status.

Lead her to believe that she was a US Citizen.

Impose a punishment for something she didn't do.

Do I feel for the Op, sure I do. That doesn't mean that I should shift blame for her current dilemma from her parents to USCIS. The bottom line is if they had done their part then all of this could have been avoided. Sometimes inaction is just as damaging as wrong action, this is one of those times.

I think both failed. After all, how many years did it take for the bells and whistles of the system to go off? They should have gone off when the OP enrolled in school, or the first job, or getting a driving license etc.

[Deputy Purple 1,294]

I think both failed. After all, how many years did it take for the bells and whistles of the system to go off? They should have gone off when the OP enrolled in school, or the first job, or getting a driving license etc.

And they would have if E-Verify was used everything for each of those.

To me the fault is with the family because it's their inaction and misleading info that put the OP in the situation. Assuming that E-Verify had snagged the OP sooner she would still be in the same situation (thought she was USC so claimed such).

[LIFE'SJOURNEY 970]

Question to the OP: When your mother got her citizenship in 2002, did you not question her as to what was your legal status in the US, in 2002 it seems as if your were an adult then, so this should have been of some concern for you. You also indicated that everyone else in the family attained their citizenship, is this the period that you were strained from the family. Sorry, but somethings are not adding up..... These are the same questions that a lawyer will asked, and they are the same questions that immigration will/has asked.

[Usui Takumi 1,562]

And they would have if E-Verify was used everything for each of those.

Yep, thats why I partially blame Immigration. Mind you that exception loop hole seems odd that it requires both parents to be USCs. Seems more logical to have just one required.

[Deputy Purple 1,294]

Yep, thats why I partially blame Immigration. Mind you that exception loop hole seems odd that it requires both parents to be USCs. Seems more logical to have just one required.

I agree that it seems an odd distinction that BOTH parents much be USC...

The reason I put more blame on the parents is because even if E-Verify was mandated for all situations all it would have done is caught the issue sooner not offer any kind of fix. In fact the OP would have just found them self in the exact same situation albeit sooner in their life.

Now if the parents had done things properly then the whole situation would have been avoided (versus just happening sooner).

[Boiler 45,486]

Born c 1980

Entered US c1987. No mention of how, as a visitor, fraudulent documents?

No mention of how rest of family obtained citizenship. Did they or just saying they did.

Presumably one did to file I 130, which just proves relationship, nothing else. Also would have to enter legally to adjust in country but assuming not through a spouse surely the overstay issue would have come up?

I do not get how you can be 32 and 'assume' you are a citizen of a foreign country.

Is 245i somehow involved?