perm status from canada to usa

[jon1975 0]

Hope all is well.

I have a complicated mess and trying to fix this now. In October of 1994 I came to the US from Canada. I am not sure what visa number or anything

My father applied for cit ship and became a citizan of the United States. Well somehow i was never included. Were now 2012 and I want to get this all fixed.

The issue remains that they never told me I couldnt work, my brother had a social security number that said "NOT VALID FOR EMPLOYMENT unless authorized by the INS ETC"..

I have worked, paid taxes have creditors and the 9 yards.

I was reading online since my father is an american now i can adjust my status. I believe it would be the i485 form; which form would give me the right to still work etc? employers have verified me with E-Verify and i check out.

Should i worry about this? is it complicated mess?

I am in Florida.

PS SISTER ALSO HAS A GREEN CARD.. I am in my 30s not married so i am good on that part

[Penguin_ie 5,997]

*** Moving from Bringing Family to AOS from Tourist visa as this is the most likely ****

[Little_My 464]

This situation is way out of my area of expertise, but before I or anyone else can help you more, people need to know...

1. What was your original status? Tourist? Do you have any proof that you entered legally and with inspection in 1994? And am I correct in reading from your post that you have not left the US at all to go abroad since 1994...?

2. Your father had to become a permanent resident before he could have been eligible for citizenship. Were you ever a permanent resident, i.e. a greencard holder? Are you now a greencard holder?

3. Have you ever claimed to be a US citizen in any forms, such as tax forms..? You say you've worked and paid taxes - did you also have a social security number? Did you use someone else's number..?

4. Is you spouse an American? I doubt you would be able to get permanent residency through your father given your age and the fact you're married (though I am not an expert in this area - someone else will know this for sure), but if your spouse is an American, you can adjust status through your marriage if you are otherwise eligible. This is assuming you are currently out of status.. I can't tell from your post whether or not you are a permanent resident.

[jon1975 0]

Hi there

Originally from Canada entered the US as I think a family member no idea. I have worked w my social saying an American so not sure how this is going to go

I never has a green card

Also I am single

[jon1975 0]

Status: Single

family; Father has Been given us citizen ship

Entered us: 1994

Via;! Canadian border not sure visa type

Social security card/taxes; have and paid taxes

My status in the us is unknown but I want to fix this mess any advise on what to do??? I

[Little_My 464]

If you have claimed to be a US citizen in any forms, it will most likely be the end of the immigration road for you.. Falsely claiming US citizenship is pretty much the worst non-violent crime you can commit when it comes to immigration, and my understanding is that there really is no way to get out of that whole once you're in it. Until you became an adult, you could have claimed not knowing you're not a citizen, or assumign you were since your father was, but you've been legally an adult now for a decade - there's no way you can claim you did not know you weren't a citizen all this time.

What baffles me thoug is this whole business of your father being a citizen and your sister having a greencard.. Why on earth would your family take care of everyone else's immigration status, but leave you hanging out of status for all this time? It doesn't seem to make any sense to me. Also, how did you get an SSN number? Are you absolutely sure your father never filed for a greencard for you?

In any case - if you've really claimed to be a US citizen, there really isn't a way out of that mess that I can see. There are many members here who have a lot more knwledge about this particular topic who will surely chime in soon, so maybe they can shead some more light on this issue.. but from what I know and have seen around these forums, it most definitely is not looking good for you.

[Harpa Timsah 13,258]

Yeah, get a lawyer.

[jdh 103]

  On 4/4/2012 at 1:06 PM, jon1975 said:

Hi there

Originally from Canada entered the US as I think a family member no idea. I have worked w my social saying an American so not sure how this is going to go

I never has a green card

Also I am single

Are you a Canadian citizen? Because you kind of sound like you aren't English...are you French? It is making it a little difficult to understand what you are saying...be more thorough if you can in your replies.

The others are right though, if you claimed to be a US citizen there is no excuse for that. And there is no way that you didn't know you weren't a citizen...come on...you say your brother has a social that says not valid for work...why would you be any different?

What does your social say? How and when did you get it?

Citizenship is individual...why would you think you are one or that you could claim to be one? They didn't tell you you couldn't work? They don't have too...you are a responsible adult, or at least should be, and capable of figuring that out on your own. They didn't tell me not to rob a store...but I don't because I know I am responsible enough to know that's not ok.

How do you not know the visa type you entered on....can't you just ask your father? What type of visa did he apply from? Not hard to find out...

Way too much wonky stuff and question marks still, but you are likely going to end up in Canada....

Edited April 4, 2012 by jdh

[Ontarkie 14,657]

How old were you when your father became a US citizen?

[aosapplicant 3]

  On 4/4/2012 at 3:31 PM, Ontarkie said:

How old were you when your father became a US citizen?

Good question.

If you (meaning OP) were grandfathered due to minor age and timing of your dads' Naturalization (which has to be after statutory date when the relevant law was enacted) , then you may have been a US Citizen all along and all yo may need is a form that you file to get the Certification or confirmation of your Citizenship.

On the other hand, if you were not grandfathered then first you must find out what grounds do you have to claim any benefit now.

If you ever gained a benefit (work , border cross etc.) claiming to be a US Citizen while not being one and which you would not be able to get with your existing at the time status status while not a citizen then you have a lifetime ban, otherwise you should be ok.

You need a good attorney who is well aware of all governing statutes, case laws and regulations who may be able to assist you.

Please note: I am not an attorney and the above is not a legal advise. For legal assistance consult a practicing immigration attorney.

Edited April 4, 2012 by aosapplicant

[jon1975 0]

Hi there when I crossed the border they knew I was Canadian. I was 18 I think when I originally crossed was born in 75 and crossed in 94. So I was 18 or 19. On w9 etc I checked off the us citizen box: natural trident. I always get info about my social security benefits etc

I have worked paid taxes got refunds have been cleared to work via e-verify and went to school here also

Do you think this is going to be a mess to clean up or shouldn't be ?

[jdh 103]

Wow...

So the truth is you came to the US as an adult, stayed and have lived here illegally for over 17 years, lying about your citizenship the entire time...

Why would you have thought your fathers immigration had anything to do with you as an adult crossing the border?

This is not something you will "clean up". You will eventually be caught, deported and banned for life.

The fact you have been 'able' to work has nothing to do with your right to work.

[aosapplicant 3]

  Quote

On w9 etc I checked off the us citizen box...

And you got a job based on that?

Big mistake if the answer is "YES".

That's a lifetime ban and you won't be able to overcome it.

You can't vote and you can't falsely claim Citizenship that results in receipt of benefit that you wouldn't be entitled to without making such claim.

[aaron2020 11,651]

  On 4/4/2012 at 1:19 AM, jon1975 said:

Hope all is well.

I have a complicated mess and trying to fix this now. In October of 1994 I came to the US from Canada. I am not sure what visa number or anything

My father applied for cit ship and became a citizan of the United States. Well somehow i was never included. Were now 2012 and I want to get this all fixed.

The issue remains that they never told me I couldnt work, my brother had a social security number that said "NOT VALID FOR EMPLOYMENT unless authorized by the INS ETC"..

I have worked, paid taxes have creditors and the 9 yards.

I was reading online since my father is an american now i can adjust my status. I believe it would be the i485 form; which form would give me the right to still work etc? employers have verified me with E-Verify and i check out.

Should i worry about this? is it complicated mess?

I am in Florida.

PS SISTER ALSO HAS A GREEN CARD.. I am in my 30s not married so i am good on that part

  On 4/4/2012 at 8:06 PM, jon1975 said:

Hi there when I crossed the border they knew I was Canadian. I was 18 I think when I originally crossed was born in 75 and crossed in 94. So I was 18 or 19. On w9 etc I checked off the us citizen box: natural trident. I always get info about my social security benefits etc

I have worked paid taxes got refunds have been cleared to work via e-verify and went to school here also

Do you think this is going to be a mess to clean up or shouldn't be ?

Absolutely, this is a complicated mess.

At age 18 or 19, you were a legal adult when you entered the US.

You have no idea if you legally immigrated to the US or illegally immigrated to the US.

As an adult, your father gaining citizenship did nothing for you. An adult child cannot derive US citizenship when a parent naturalizes (this is why you weren't [couldn't be] included).

So why would anyone need to tell you that you couldn't legally work when you possess a Social Security card that states "Not valid for employment unless authorized . . . ?" What part of "not valid for employment" didn't you understand?

You cannot adjust based on your father's citizenship. It takes 8-12 years for a US citizen to petition for a child over age 21. You don't get to skip the wait based on illegally being in the US. You can only adjust after the 8-12 years wait, and you have to legally be in the US. You aren't legally in the US, so the I-485 is futile anyways.

You falsely claimed US citizenship. That's a deal killer. There is no waiver or excuse for claiming US citizenship.

There is absolutely no way to fix your situation or make you legal. You really screwed up by claiming to be a US citizen on your employment documents. You can never become legal unless your claim to US citizenship were innocent.

----------------

Read these articles. Then go find a really, really good attorney who deals with false claim of US citizenship.

http://www.state.gov/documents/organization/87011.pdf

http://www.mshale.com/article/Immigration/Immigration/False_Claims_to_US_Citizenship_Hidden_Pitfalls_and_Potential_Defenses/18703

Edited April 4, 2012 by aaron2020

[aosapplicant 3]

Millions of people work in USA without Work Authorization.

Not that I condone it, but come on , people , be realistic, and don't grill him for merely working here

while his USC father and his whole family lived here.

It is no doubt a deportable offense, but not one that would cause a lifetime ban to anyone.

However, the issue of getting a job by claiming Citizenship is egregious one and to my knowledge

no venue exists to overcome a lifetime ban where one received a benefit by virtue of falsely claiming Citizenship

and if the said benefit wouldn't be received in the absence of such a claim.