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JandLhernandez

Overstayed VISA Married to US citizen

By JandLhernandez in Adjustment of Status from Work, Student, & Tourist Visas

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JandLhernandez Newbie

JandLhernandez   0

Posted
Filed: Country: Mexico
 Timeline
Posted

My husband came to the US in 1993 and 1994 at 13, each time with a VISA which expired long ago. However, we no longer have any of these passport stamps.(His sister has hers, I don't know if that's helpful.) Our lawyer is telling us we have to apply through the consulate in Mexico because he claimed to be a US citizen on I-9 forms. If he were to apply here, there is a chance he would just be deported and banned because of his claim to be a US citizen on I-9s. I am wondering if it is possible to just apply for an adjustment of status with an I-130 and a I-485 without ever leaving the US. Thank you!

NancyNguyen Experienced

NancyNguyen   1,658

Posted
Filed: Citizen (apr) Country: Vietnam (no flag)
 Timeline
Posted

Sorry but he wouldn't be able to adjust any status while they acknowledge his claiming of being USC. By the way, it is a life time ban.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

ceadsearc Proficient

ceadsearc   516

Posted
Filed: Lift. Cond. (apr) Country: Bolivia
 Timeline
Posted

Unfortunately, claiming to be a USC carries a lifetime ban with no waiver. When did this occur? There used to be a loophole where I-9 forms said "citizen or national" and if that was the case he might have a shot. If he outright claimed to be a citizen he can never adjust his status or obtain a green card regardless of where he files.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

jaycali Experienced

jaycali   415

Posted
Filed: Timeline
Posted (edited)

As others have stated, falsely claiming to be a US citizen is to the USCIS the worst crime any foreigner can commit short of murder or rape. It carries a lifetime bar with no possibility of appeal. If they get a hold of those I-9s he'll never return to the US. Period.

Just exactly why your lawyer thinks he'll have a bigger chance if returning to Mexico, I don't know.

Edited by jhsm85
Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted

My husband came to the US in 1993 and 1994 at 13, each time with a VISA which expired long ago. However, we no longer have any of these passport stamps.(His sister has hers, I don't know if that's helpful.) Our lawyer is telling us we have to apply through the consulate in Mexico because he claimed to be a US citizen on I-9 forms. If he were to apply here, there is a chance he would just be deported and banned because of his claim to be a US citizen on I-9s. I am wondering if it is possible to just apply for an adjustment of status with an I-130 and a I-485 without ever leaving the US. Thank you!

First,

the burden of proof when and how the foreigner entered the United States is on him. If he can't prove this because the passport and the I-94 are not available anymore, he is in the same position as an illegal alien who entered the U.S. totally under the radar. That is the one reason why he can't do AoS, but has to return to Mexico and apply for an immigrant visa there.

Secondly, a false claim of U.S. citizenship is immigration suicide. Nowadays, an I-9 form is as brutal as proof as it gets. But . . . if he filled out an I-9 before they changed the form in separating U.S. citizens and non-citizen nationals, he may be able to fight this by claiming having only claimed to be a national, but not a citizen. That, however, is definitely lawyer territory, as a wrong move can end his American Dream forever.

http://www.rmlegal.com/Immigration-Blog/2010/October/4th-Circuit-False-claim-to-U-S-Citizenship-on-I-.aspx

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

 
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