Waiver conditions removed with no interview but ......

[Deputy Purple 1,294]

Yes i saw that part and in fact my lawyer tallked about it too. The guys had to go to 9th circuit and he had already served some time in!!! wow i'll rush home before spending a day behind bars so help me Lord. We are planning to use that route too.

It's not uncommon for the defendant in a precedent setting case to have already suffered punishment including imprisonment while the case works it's way through the legal system.

You however have the luxury of being able to use that earlier ruling as your argument to which USCIS Lawyers will have no rebuttal. While it probably won't happen at your first court hearing your case will get dropped and since the judge will see that as the likely outcome there won't be much reason for him to order you detained while you wait out the time it takes to get to that point in court.

[kipalkot 0]

It's not uncommon for the defendant in a precedent setting case to have already suffered punishment including imprisonment while the case works it's way through the legal system.

You however have the luxury of being able to use that earlier ruling as your argument to which USCIS Lawyers will have no rebuttal. While it probably won't happen at your first court hearing your case will get dropped and since the judge will see that as the likely outcome there won't be much reason for him to order you detained while you wait out the time it takes to get to that point in court.

Thanks for that information. All i can do is have my lawyer work as crazy as she can.

[kipalkot 0]

The waiver you're referring to is a waiver for Nonimmigrant VISAs that are applied at overseas consulates. There seems to be a provision for discretionary relief/waiver for nonimmigrant visa seekers by Consular Officers. The person who posted this question is a permanent resident, and thus I don't think the waiver would be applicable to her. If you think about it this way it makes more sense. The USCIS should have discovered this inadmissibility at the time she applied to adjust her status through her marriage. Normally, if there is an inadmissibility of misrepresentation/fraud, the applicant would have the chance to file I-601 and with its approval, be able to obtain the green card. However, since there is no waiver provision for the citizenship claim for green card applicants or immigrant visa seekers (from abroad), the person who made the US citizenship claim would be permanently inadmissible, which happens to a lot of ppl. If you go to immigrate2us website you would find a lot of ppl in this boat. At the time she applied for her adjustment of status, she would have been found inadmissible and been permanently barred from obtaining the green card and would have been placed into removal proceedings. The USCIS didn't find out her citizenship claim until much later, at which point they decided to put her into removal proceedings.

How different is claiming to be a USC to obtain a job different than those working un authorized??? To me the end results is they both worked illegally.

[Deputy Purple 1,294]

How different is claiming to be a USC to obtain a job different than those working un authorized??? To me the end results is they both worked illegally.

False Claim to US Citizenship has nothing to do with working illegally.

People have used False Claim to US Citizenship for many things: School, Receive Federal Benefits, Gain entry into the US etc...

It doesn't matter why you've falsely claimed to be a US Citizen being charged with False claim to US Citizenship is the worst Immigration Crime carrying the strongest penalty (lifetime ban with nearly impossible waiver).

Honestly, once you AOSed as long as you didn't lie about the illegal work USCIS essentially forgave that. What they don't forgive is Falsely claiming to be a US Citizen.

[kipalkot 0]

False Claim to US Citizenship has nothing to do with working illegally.

People have used False Claim to US Citizenship for many things: School, Receive Federal Benefits, Gain entry into the US etc...

It doesn't matter why you've falsely claimed to be a US Citizen being charged with False claim to US Citizenship is the worst Immigration Crime carrying the strongest penalty (lifetime ban with nearly impossible waiver).

Honestly, once you AOSed as long as you didn't lie about the illegal work USCIS essentially forgave that. What they don't forgive is Falsely claiming to be a US Citizen.

Wow, i quess, it is their law. I will see what evidence they bring forth. I do not remember the facts of what occured 11 years ago.

[immig? 2]

Well,

then you just won big in the lottery, because there's case law in your favor, the famous Ateka case!

See, false claim of U.S. citizenship is the deal breaker. But they forgot to add false claim of nationality. As you may or may not know, every U.S. citizen is also a U.S. national, but not every U.S. national is a U.S. citizen. So who is a US national but not a U.S. citizen? People from American Samoa!

Now, the court came to the conclusion that if US citizens and US nationals are not separated on the (old) I-9 form, then you can claim now, meaning in court, that you had claimed to be a non-citizen US national, but not a US citizen. Sounds silly? I know, but that's how the law works. So once you have your day in court, have your attorney argue based on this case law that you admit of falsely having claimed to be a U.S. national, but not a U.S. citizen. While that wasn't "okay" to do, it is not grounds for inadmissibility.

F.Y.I., based on this precendent a new I-9 form was introduced which now separates between the two.

http://www.mnbar.org...09/citizen.html

Hi sir. Do you know when exactly did they separated the USC and National in form I-9? Thanks,