Denial of Citizenship

[Harsh_77 716]

He signed the form or in cases of online job application time he submitted the form – he was not USC.

On the form he claimed to be USC – so this does not seem to be an innocent mistake. As Bob said one is not a USC until the oath ceremony is completed.

He signed the form or in cases of online job application time he submitted the form – he was not USC.

On the form he claimed to be USC – so this does not seem to be an innocent mistake. As Bob said one is not a USC until the oath ceremony is completed.

[NickD 202]

oh boy this is double bad - not just did he falsely claim to be a US citizen, on top of that he lied about it - because he probably didn't answer "yes" to the question where they ask "did you ever claim to be a US citizen?". I don't see how this can be fixed. What is his home country? Hopefully it's a nice place, because chances are you'll be spending the rest of your life together there.

Did he really lie on his application? Did it the night before and was honest until then, then admitted it during is interview. All depends upon how one views this subject, really no harm was done, just filed an application that was a waste of his time anyway. And was soon to be a US citizen.

Say a waste of time because our mailman just retired, this is in a small town, was in the newspaper that over 1,500 applicants applied for that one position, fat chance of anyone getting it. Then also in the papers, that since Obama became president, over 600,000 state and federal employees have been laid off. 90% of them are incompetent anyway and really not providing any worthwhile service to the taxpayers.

Admit a dumb mistake, in particular with the USCIS, can even have a lot of problems with those people even if you are perfect.

[jojolicious 38]

He shouldn't reapply and as was stated above by previous posters he should retain the services of a very good attorney. Good luck!

[Oksana & Max 94]

Only an IJ can take away his GC.

Not sure if this is true. I think USCIS have a full authority to do that. I am sure the IO will file a report and he might go into removal proceedings.

[karin_brenig 18]

while that is true - GC will not be taken away "automatically", a judge has to rule - what this person did is grounds for revocation:

A number of minor offences which may jeopardize your green card status include

lying in order to get immigration benefits either for yourself or for someone else,

stating that you are a United States citizen while you are not,

failing to file for tax benefits,

as well as voluntarily failing to register for the selective service while one is aged between the age of 18 and 26.

Edited March 22, 2012 by karin_brenig

[Harsh_77 716]

Not sure if this is true. I think USCIS have a full authority to do that. I am sure the IO will file a report and he might go into removal proceedings.

That is true that only IJ can take away the GC, but this can be the reason why immigration can go to IJ to ask him/her to take away the GC.

In no case he should re-apply for the citizenship that would just create more mess.

Talk to a good immigration lawyer and see what he has to say.

[ManuFred 10]

I am a US citizen. My husband , a green card holder for 7 years, was denied citizenship based on "a false claim to US citizenship". He had inadvertently answered "Yes" to citizenship question in applying for a federal government job.

On the eve of his interview for US citizenship, and being excited that he will become a US citizen within a day, he applied for a federal job online and claimed he was a US citizen. This wss used as a basis of denial under "lack of good moral character".

I understand there is no waiver for this. Should he re-apply for citizenship? Will he open a can of worms if he re-applies and possibly be deported? Any possibility he may get US citizenship if he applies and explains his innocent mistake?

Would appreciate genuine and good feedback. Thanks.

On which form did he actually claim to be a USC, I-9 perhaps? I-9 is an official immigration form so that is definitely verified by the USCIS.

[Oksana & Max 94]

On which form did he actually claim to be a USC, I-9 perhaps? I-9 is an official immigration form so that is definitely verified by the USCIS.

He was applying for a job online since it is a government job. Most likely it is usajobs.com. When you submit the application they do have ability to verify information, and it was flagged. Another question is what agency he applied for if it is a DHS, CBP or ICE, it would get flagged right away.

[ManuFred 10]

BTW, I feel very sorry about this event. I can imagine the excitement after a successful interview. You would wonder why the government is so fast when you don't want them to be.

LET THIS BE A LESSON FOR ALL OF US!

[Fifitrix 1]

Did he really lie on his application? Did it the night before and was honest until then, then admitted it during is interview. All depends upon how one views this subject, really no harm was done, just filed an application that was a waste of his time anyway. And was soon to be a US citizen.

Say a waste of time because our mailman just retired, this is in a small town, was in the newspaper that over 1,500 applicants applied for that one position, fat chance of anyone getting it. Then also in the papers, that since Obama became president, over 600,000 state and federal employees have been laid off. 90% of them are incompetent anyway and really not providing any worthwhile service to the taxpayers.

Admit a dumb mistake, in particular with the USCIS, can even have a lot of problems with those people even if you are perfect.

That's a little negative...I've been applying for federal jobs -- with many jobs you apply for these days you are competing with lots of people.

I hope the citizenship issue gets sorted out and he doesn't get deported.

[cafeconleche 2]

Yeah, this IS a shame. I can't imagine the feeling...

[Sandra G. 5,038]

I have seen controversial decisions regarding false claim of US Citizenship. The Board of Immigration Appeals has ruled that an alien who falsely claimed US Citizenship on his I-9 IS NOT AUTOMATICALLY precluded from establishing Good Moral Character in removal proceedings. The Ninth Circuit Court of Appeals decided false claim of Citizenship make the alien deportable.

He must find the best lawyer to fight "possible" deportation,but forget Citizenship!.

[Deputy Purple 1,294]

while that is true - GC will not be taken away "automatically", a judge has to rule - what this person did is grounds for revocation:

You're focusing on the wrong issue, this isn't about lying to get an immigration benefit.

Let's assume the OP's husband marked no to having ever claims to be a US Citizen on the application.,it was true at the time he filled it out - No Lie...

Let's assume the OP's husband disclosed at his interview that just the night before he marked US Citizen on a federal job application online, it was true at the time of the interview- No Lie...

The issue is the False Claim to US Citizenship and that is the "Mark of Death" for immigration benefits even ones already awarded. It makes him removable and there is no defense. There are adults who as kids had someone else claim they were US Citizens for illegal entry into the US who have been banned for life and every appeal denied.

Here is the most likely scenario for his future:

Within the next few months he'll receive notice that USCIS has begun removal proceedings against him. He'll have to appear in from of an Immigration Judge. That Judge will have no discretionary "wiggle room" as he'll be bound by the INA which requires he be removed and his LRP status revoked.

Edited March 22, 2012 by Bob 4 Anna

[ManuFred 10]

This makes me actually wonder when this "are you a USC?" question in the process is verified. Is this a one time thing before or after the interview or is it continuously monitored from the time you apply for N-400? What if someone (or someone else on someone's behalf) made this mistake in the past, should one be worried about this even after interview.

I'm a little bit paranoid, I admit, but that's because I was thankfully able to correct it once on mortgage closing documents before I signed them. The company had mistakenly filled out I was a USC which I noticed at closing. Corrected the mistake with my initials and then signed it. The irony is that it wouldn't even mattered for the mortgage application as GC-holders are permitted to have mortgages anyway.

[Boiler 44,857]

It has to be for a benefit, the Mortgage was not.

And involve the US Gov

The I9 used to say are you a Citizen or xxxxx. National I think, so they could not get people who had ticked that box as claiming to be a national is no biggie. The I9 now just says Citizen.