Denial of Citizenship

[Caroline and Phil 14]

I hope he doesn't get deported. Nobody can claim to be a US Citizen before or after Naturalization interview, but only after Oath Ceremony.

[karin_brenig 18]

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.

Verification was easy in this case:

he applied online - filled out a form online, stating his SSN and checking "yes" for US-citizen.

A computer did all the rest: look up the SSN, see that this is not a US-citizen (but claims to be one), automatically generate notification (maybe email) to USCIS saying " hey guys, this here dude claims to be US-citizen, but isn't. Go get him processed."

Next day, the day of his interview, USCIS person checks their email and says "wow - this guy was scheduled for his interview today! Now I have no choice - need to deny his petition."

N-400 case closed, open up another case: removal.

[ManuFred 10]

Verification was easy in this case:

he applied online - filled out a form online, stating his SSN and checking "yes" for US-citizen.

A computer did all the rest: look up the SSN, see that this is not a US-citizen (but claims to be one), automatically generate notification (maybe email) to USCIS saying " hey guys, this here dude claims to be US-citizen, but isn't. Go get him processed."

Next day, the day of his interview, USCIS person checks their email and says "wow - this guy was scheduled for his interview today! Now I have no choice - need to deny his petition."

N-400 case closed, open up another case: removal.

Yeah, in this case it's pretty clear that the I-9 close to interview did it. What I wonder is, suppose one would have claimed such a thing in the past (before filing N-400) would someone still have to show up for an interview or would someone be denied without an interview. I guess so, I haven't heard of people being denied before an actual interview. From my understanding the interview is the last chance to straighten things up with USCIS.

[Krikit 1,165]

Thread hijack post removed.

[kovu 0]

This is stupid that someone who did all the right things and made a mistake a few hours before their interview can be deported for life. Meanwhile there are millions of illegals in this country that the government is doing nothing about. Guess uscis doesn't have their priorities straight.

[Darnell 8,478]

bhm - any news? wassup?

[jaycali 415]

It has to be for a benefit, the Mortgage was not.And involve the US GovThe 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.

That was true before 1996. Now, any false claim to US citizenship, whether to a private party or a government agency is counted as a removable offense.

Btw, I hear plenty of people inadvertently register to vote while getting their license at the DMV. DHS needs to look into that....

Edited April 9, 2012 by jaejayC

[Boiler 45,773]

Not to anybody.

[Justdazed 1]

Btw, I hear plenty of people inadvertently register to vote while getting their license at the DMV. DHS needs to look into that....

THIS!

It made me so aggravated after renewing my license online. The register to vote option is auto-checked and I had to double back to uncheck it before paying.

Edited April 10, 2012 by Justdazed

[Gary and Alla 3,694]

That was unfortunate that it was only a day before he could become a citizen and made the mistake. But claiming citizenship on any form or id and you are not a citizen yet will definitely get denied.

I know someone that made the same mistake. I think the best step right now is consult a good immigration lawyer. I don't think this will get him deported if he reapplies. He's got a green card, he can renew it when it expires.

Hope someone here in VJ can provide more info.

Good Luck.

Unless they offer the oath at the time of the interview (rare) he does not become a citizen until he takes the oath, for Alla it was more than two months until the next ceremony.

He is subject to having his green card cancelled and being deported.

Be very careful NEVER to claim to be a citizen if you are not and do not have a certificate saying so IN YOUR HAND.

[Gary and Alla 3,694]

THIS!

It made me so aggravated after renewing my license online. The register to vote option is auto-checked and I had to double back to uncheck it before paying.

Very dangerous. Our son just recently had to renew his drivers license and he filled out the forms himself, he had checked off to register to vote, not knowing he could not! He gave it to me to look over and I tore that part off and destroyed it. I wish they would not do that but there has been this push to register everyone to vote and little regard is paid to this when it is thrust upon the DMV. They just want to make it easy and be done with it.

[Gary and Alla 3,694]

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!.

An I-9 is filed at the time of hiring. He was applying for a job. No doubt the job required US citizenship. If this is the case he knowingly lied to get a benefit, that is fraud. That is not a mistake, that is a material misrepresentation. A "whopper" as we used to say.

All ahs been looking at a lot of jobs which require citizenship and has neld off applying until her ceremony. This is a huge problem

As for a lawyer, be careful. There are any number that will take your money and make promises, if you are going to fight this get someone with a record of being able to do something and be HONEST with him/her.

[Gary and Alla 3,694]

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.

They verified it again today when Alla took the oath and asked if at any time between her interview and today she had claimed to be a US citizen.

You can NOT, claim to be a US citizen EVER, if you are not a US citizen. Until you take that poath and they habd you the certificate you are NOT a citizen.

[Gary and Alla 3,694]

Yeah, in this case it's pretty clear that the I-9 close to interview did it. What I wonder is, suppose one would have claimed such a thing in the past (before filing N-400) would someone still have to show up for an interview or would someone be denied without an interview. I guess so, I haven't heard of people being denied before an actual interview. From my understanding the interview is the last chance to straighten things up with USCIS.

It was not an I-9. It was an online application for a job.

[jack.k 1]

Very dangerous. Our son just recently had to renew his drivers license and he filled out the forms himself, he had checked off to register to vote, not knowing he could not! He gave it to me to look over and I tore that part off and destroyed it. I wish they would not do that but there has been this push to register everyone to vote and little regard is paid to this when it is thrust upon the DMV. They just want to make it easy and be done with it.

That's nothing. When I was enrolling in college early this year, after meeting with a counselor she was filling out a form with my information. After I asked her what she was doing, she said oh just your voter registration. I told her I'm not a US citizen, she said Oh? and stopped. I'm not even sure if what she was doing is legal, but in any case, everyone pre-citizen must be careful.

I highly doubt they will deport someone for mistakenly marking off citizen when applying for a federal job, it's not like he got accepted. I'm sure a good attorney can sort all this out. It was just a misunderstanding. People make mistakes.

Edited April 10, 2012 by jack.k