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lizzcannon

Change on False Claim of USC for minors!

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Filed: Timeline

This is a HUGE change that just happened for many people struggling for years to prove they were children when someone made a false claim of US citizenship for them or told them to:

9 FAM 40.63 N15 FALSE CLAIMS BY MINORS

(CT:VISA-1977; 03-12-2013)

An alien who, while under age 18, falsely claimed to be a U.S. citizen is not inadmissible under INA 212(a)(6)©(ii) if the alien can show that, at the time of the false claim, he or she lacked the legal capacity to make a false representation of U.S. citizenship. The test is whether the alien, at the time of the false claim, had the maturity and the judgment to understand the nature and consequences of his or her actions – in the present context, the nature and consequences of a false citizenship claim. This is an individualized inquiry. The alien has the burden of proving lack of legal capacity.

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  • 2 years later...
Filed: IR-1/CR-1 Visa Country: Mexico
Timeline

Has anybody with a prior false claim under age 18 actually made it to the interview and had a successful outcome? Seems like there would would be alot of room for interpretation around the question of "maturity and judgement" for a minor. Related, how would you prove you were an idiot at age 17 (like I certainly was)?

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Filed: Citizen (apr) Country: Ecuador
Timeline

The OP hasn't logged on to VJ for over 2 years, so a response is unlikely.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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