Denied

[Immgrant123 5]

I believe JimVaPhuong is --by a wide margin--the most competent VJ member in these issues here. I also believe that without a top notch expert attorney who's specialized in deportation issues (Laurel does I-212 and I-601s), you'll find yourself on a plane to Nigeria very soon.

I have one question: when exactly did you fill out hat I-9 form? Do you have a copy of it? Did it say "US citizen" or did it say "US citizen or US national"? Did it have 3 choices or 4?

It was the old form, where it said citizen or foreign national, but in a sworn statement, I admitted I had always claim citizen whenever appropriate. I did not have a lawyer with me and I did not realize what I was doing would be used against me...I was just being honest. Laurel Said I could not use the "i was referring to National bit" because of that statement

[Faith & Andz 3]

I agree with what one of the other posters mentioned. While you are consulting with lawyers, contact your local or even national news outlet. Call and email your congressman and senators. Sometimes the law is blind to the fact that people make mistakes. This case should be a judgment call, not a automatic deportation. The law isn't on your side, so I'm not sure how much lawyers will be able to help since they can only deal with the facts, not their opinion. They cannnot change the fact that the law says there is only one exception to the rule. But, people are not blind like the law, so call your media outlets and representatives. Get as much publicity as possible to shed light on this law that does not consider the intent of the immigrant. It should consider whether the immigrant intentionally misrepresented citizenship in order to gain benefits vs. an innocent mistake.

[JimVaPhuong 4,863]

I agree with what one of the other posters mentioned. While you are consulting with lawyers, contact your local or even national news outlet. Call and email your congressman and senators. Sometimes the law is blind to the fact that people make mistakes. This case should be a judgment call, not a automatic deportation. The law isn't on your side, so I'm not sure how much lawyers will be able to help since they can only deal with the facts, not their opinion. They cannnot change the fact that the law says there is only one exception to the rule. But, people are not blind like the law, so call your media outlets and representatives. Get as much publicity as possible to shed light on this law that does not consider the intent of the immigrant. It should consider whether the immigrant intentionally misrepresented citizenship in order to gain benefits vs. an innocent mistake.

Well, that would certainly garner some sympathy with some of the American public. The rest would see a family that came to the US with a visitors visa and just decided to stay. The end result would be the same, though. Public pressure that results from this sort of publicity is effective when there is a clear error by a US government agency, or that agency has exercised their discretion in an unfair way. There was no error or discretion by USCIS. There is no way that USCIS could have chosen to overlook the false claim of citizenship. This will also be a dead stop in immigration court and the BIA. These are divisions within DHS who are bound first by the law, and second by agency policies. The only level where the OP will be able to get an adjudicator who is permitted to apply some common sense to their decision is in the public court system.

[Faith & Andz 3]

Well, that would certainly garner some sympathy with some of the American public. The rest would see a family that came to the US with a visitors visa and just decided to stay. The end result would be the same, though. Public pressure that results from this sort of publicity is effective when there is a clear error by a US government agency, or that agency has exercised their discretion in an unfair way. There was no error or discretion by USCIS. There is no way that USCIS could have chosen to overlook the false claim of citizenship. This will also be a dead stop in immigration court and the BIA. These are divisions within DHS who are bound first by the law, and second by agency policies. The only level where the OP will be able to get an adjudicator who is permitted to apply some common sense to their decision is in the public court system.

I agree with you that USCIS made no error. They interpreted the law correctly. Public pressure may not do any good for USCIS, but perhaps it could influence congress. My point is that light should be shed on this issue so that, if possible, the law could be amended to allow room for judgment. People should be punished for fraud, but not for innocent misrepresentation. The immigrant should at least be heard to determine if it indeed was intentional or innocent misrepresentation. It may be hard for us to believe, but I think it is possible that someone could have mistakenly thought they were a U.S. citizen if they aren't familiar with our immigration system. It just seems unreasonable to have a blanket law that has only one result--deportation, especially when you consider that the government isn't strict toward people who came here illegally intentionally. Just seems to be hypocritical to me. Anyway, all of that is beside the point; the point to me is that people should be judged by their intent, not just the result, so as to allow room for human error. Maybe it won't make a difference right now, but if it were me, I would leave no stone unturned.

[ATPEACE 43]

Faith/Andz, all you have stated is well and good, but the OP in this situation needs some immediately resolution. The OP is without a job, she has a child to care for, no family support(this was stated by her) and she needs $10,000 to give to a lawyer just to take her case.

For deportation she has no ties that she is aware of back in Nigeria, a home country she has not been to since she was 7 years of age. The OP needs to link into the Nigerian community here and develop some linkage that will be able to assist her if and when she is deported back to Nigeria. She needs to re-connect with her immediate family here in the states because she have some Hugh choices she will have to make regarding her daughter.

As far as media attention, I could probably pull up too many cases that have tried this avenue, and all it has gotten them is some more public sympathy, but there has not been any laws changed as of result of their media circus.....

Do anyone know of a good/cheap lawyer she can call?

[Boiler 45,522]

but in a sworn statement, I admitted I had always claim citizen whenever appropriate

End of story.

[Usui Takumi 1,562]

It was the old form, where it said citizen or foreign national, but in a sworn statement, I admitted I had always claim citizen whenever appropriate. I did not have a lawyer with me and I did not realize what I was doing would be used against me...I was just being honest. Laurel Said I could not use the "i was referring to National bit" because of that statement

ugg. ok ignore the first link I posted. However, the second case may still help you. There the BIA did rule in favor of the person.

[Boiler 45,522]

That was all down to the possibility of being able to fudge the issue about being a national rather than a Citizen

She has consulted with a lawyer, one who specialises in these cases.

No harm of course consulting with others.

[Usui Takumi 1,562]

That was all down to the possibility of being able to fudge the issue about being a national rather than a Citizen

She has consulted with a lawyer, one who specialises in these cases.

No harm of course consulting with others.

The pronoun "That" is a little vague, I'm not sure what you are referring to. Are you referring to the second link in my earlier post? Or me at all?

Assuming you were, the second case I post is unrelated to the issue of "national vs. Citizen"

Edited June 22, 2011 by Sousuke

[Immgrant123 5]

The pronoun "That" is a little vague, I'm not sure what you are referring to. Are you referring to the second link in my earlier post? Or me at all?

Assuming you were, the second case I post is unrelated to the issue of "national vs. Citizen"

Thank you, I found the second link useful

[jenkatx 52]

I have many family & friends in Nigeria. Please email me at jenkatx@yahoo.com so that I can put you in touch with some people there. In the meantime you need to contact the Nigerian Embassy in Atlanta to start arranging for you daughters Nigerian passport so that she can travel with you if it comes to that. You need to also make plans for her to be cared for by someone here for a time. Ike Waobikeze is an excellent immigration attorney out of Houston. His office number is 713-771-1331. I totally agree that you should contact the media. There is no American that will hear this story and not be moved. Maybe at the very least you can get free representation. Have you considered another county that you could quickly get a visa to and feel more at home? If our visa is not approved we will be moving to the UK. I travel to Nigeria often but I think it may not be a good option for you especially considering the current situation there, so I would highly recommend you look at other countries you could go to. Lastly remember that miracles do happen. Do not give up hope your baby needs you.

[Darnell 8,478]

what news of finding a good immigration attorney? How's that going ?

[JimVaPhuong 4,863]

I agree with you that USCIS made no error. They interpreted the law correctly. Public pressure may not do any good for USCIS, but perhaps it could influence congress. My point is that light should be shed on this issue so that, if possible, the law could be amended to allow room for judgment. People should be punished for fraud, but not for innocent misrepresentation. The immigrant should at least be heard to determine if it indeed was intentional or innocent misrepresentation. It may be hard for us to believe, but I think it is possible that someone could have mistakenly thought they were a U.S. citizen if they aren't familiar with our immigration system. It just seems unreasonable to have a blanket law that has only one result--deportation, especially when you consider that the government isn't strict toward people who came here illegally intentionally. Just seems to be hypocritical to me. Anyway, all of that is beside the point; the point to me is that people should be judged by their intent, not just the result, so as to allow room for human error. Maybe it won't make a difference right now, but if it were me, I would leave no stone unturned.

The Congress that you're expecting to change the law to be more tolerant is the same Congress that passed the law to begin with. The law allows only one exception to a false claim of citizenship, and that's if both parents are or were US citizens. The only reason that exception exists is because someone might reasonably believe they were a US citizen if both of their parents were. If one parent is not a US citizen then there's room for doubt. The correct answer in the OP's case should have been "I don't know". Until they know for sure then the answer shouldn't have been "yes". There is no waiver for this. There is also no expiration to the term of inadmissibility. These factors indicate that Congress considered this particular violation to be especially serious.

The law is also very clear that only a false claim of citizenship for a benefit under the Act is an inadmissibility and a deportable offense. You won't be deported for telling a car salesman or bank teller that you're a US citizen. You WILL be deported for signing an I-9 form stating you're a US citizen.

As long as we're talking about long shots, I can suggest an alternative to pleading with the media, who are essentially powerless...

Senators have the authority to introduce Private Bills. These can be used to block deportation of one or more individuals. Senator Diane Feinstein of California is famous for introducing these bills. She's introduced more than a dozen of them this year alone. If one of these bills is approved it has the effect of negating any inadmissibility, and granting permanent resident status to the individual(s) covered by the bill. Members of the House of Representatives can introduce similar bills. If I was going to spend my time appealing for someone's attention, I would be pleading with my Senator and Congressman to introduce one of these bills on my behalf. I'd stay away from the media unless my congressional representative specifically told me to try to drum up a little public support.

[Lisamarie 79]

So what is happening? Have you found any new information that can help you, or an attorney that can help you? Did you contact jenkatx? She had good advice and also has friends and family in Nigeria. Maybe someone can help you if it comes down to that. Please let us know how you're doing. Best wishes and take care.

So my Green CARD Application was denied and I was told I couldn't appeal! They said I needed to leave the country within 30 days or file a motion to reopen or reconsider! Leave for where? I came to the country when I was 7 years old and I am now 32!

I was denied because I admitted I misrepresented myself as a US citizen on my I-9 document and I filed unemployment as well. I told them this because I believe I was a US citizen, everyone in my household was and I remember my mu telling me my i-130 was approved, I thought that was it! I cant afford a lawyer, they canceled my EAD, I can even afford the fees to file a reconsider motion! My daughter is a US citizen and I am a single parent! What is my best bet at this point? Please help!!

[Immgrant123 5]

So what is happening? Have you found any new information that can help you, or an attorney that can help you? Did you contact jenkatx? She had good advice and also has friends and family in Nigeria. Maybe someone can help you if it comes down to that. Please let us know how you're doing. Best wishes and take care.

Bizarre turn of events, I hope some is inspired and encouraged by this!

So I filed a motion to re open and reconsider with the USCIS office that denied me based on my misrepresenting my self as a USC. Te motion was file by Alex and Pinnix in Raleigh NC. They were affordable and thorough. We prepare affidavits from me, my siblings and my mother. Both my parents are citizens but I could not prove when my father became citizen or if he ha listed me as his child.

Anyway, we submitted the motion to reconsider/reopen on July 20th. New evidence was not available as I still did not have prove of my father's US citizenship. Our strategy was to use the new Prosecutorial Discretion that was recently passed when ever I appeared before a judge. I obtained character letters form my community, friends, relatives and even had my 11 year old write to whom it may concern, that my removal would cause her extreme hardship.

On August 30th which was also my birthday, I received a text message saying my green card had been mailed!!! Just like that! I was confused because the motion had not even been granted.

A couple days later I received a letter saying motion had been granted! Then a day after that a letter saying Welcome to the United States! On Sept 7th, I received my green card!

I wish I could explain it but I cant!

I just thank God!

I have decided to go back to school and become an immigration lawyer! I would love to help folks in my situation and give them the opportunity at a better life.