Non US Spouse living in US since 1979- B-2

[Moomin 292]

Someone mentioned false claim to US citizenship. Please figure out if such a claim was ever made while he was his own legal guardian.

Secondly, his income doesn't qualify per the I864 instructions. He needs a valid work auth. in order for that to happen. SSN alone is not enough, sorry. If he has ever filled out an I9, make sure he didn't claim US citizenship on there either. And WHEN exactly(which year) did he claim to be a USC? Both his age at the time and which year is important because there are exceptions in the law that still makes him eligible for a greencard, depending on the circumstances.

But you need to address that before submitting anything.

And to be honest, I think it's worth a shot because you'll at least know where you stand now and in the future. One thing worth taking into consideration is that your husband is deportable. While it's mostly unlawfuls and illegals with criminal past/present that are targeted, keep in mind that he is here unlawfully.

I'd definitely recommend an attorney to atleast figure out where you stand so your family won't out of a sudden be split up because of immigration and your husband being out of status.

Edited April 9, 2013 by moomin

[Kindra 0]

Thank You for the positive feedback and worst case scenarios. It honestly didn't cross my mind when I wrote the first post that by lying about having USC held pretty much the highest punishment and the reason he may be denied. I was more worried that he had been here for so long. He has the passport that was stamped with b2 ;have that documentation of entering legally. Now on a search for a good lawyer, thanks all

[canadian_wife 1,829]

http://www.scottimmigration.net/

Best in the business,

good luck, keep us posted

[Hypnos 6,578]

Ironically the overstay is the smallest issue he has. Immediate relatives of a US citizen are not penalised for overstay at the time of adjudication, be that ten days or ten years (or more). Immediate relative = spouse, minor child (under 21), parent, widow/er.

Sometimes a passport stamp will appease USCIS with regards to legal entry, although there have been cases here where USCIS has asked for additional proof of legal entry (usually an I-94) on top of a passport stamp. You may want to investigate filing a Freedom of Information Act request with CBP in order to secure additional evidence now, because there is a wait of many months to receive this, but again from 1979 these documents may not be available.

Claiming to be a US citizen to a state or federal agency is essentially the worst non-violent infraction an alien can commit. There are some exemptions, but not many, and so any claim made after September 1996 can cause you to become permanently barred from the US.

Edited April 9, 2013 by Hypnos

[Justine+David 218]

You've gotten a lot of good advice here. This is not a DIY for your situation. Do not apply for anything until you can sort out exactly what happened with the claiming to be a USC because if he is denied due to that, he'll likely be deported to NZ and never be allowed back in.

Best of luck...

[Billyk 6]

Hello, My husband arrived in the US when he was 13 in 1979. He entered legally on a B-2 visa that expired 2 months after entry. At that time they handed out SS#. He has a valid DL, employed, pays/files taxes, gets called to jury duty. He even at one point applied for a US Passport but was denied, at 13 he let his parents handle everything and nothing was done. He recently applied for his NZ passport it expired years ago and was approved. We had a daughter end of 2011 and married 3-2012. It would be nice to legally get his status straightened out and have the option to travel. I am a US citizen, currently a stay at home mom. His income qualifies for income requirements.

I guess it's safe to say he is working illegal at a legit job under his legal name with a valid DL and SS#issued by gov to him.

Where do we start and what forms should i fill? I wouldn't think this is unusual, but I couldn't find a similar case in search.

Thank You for your time and any help.

Hello Kindra,

Fist of all you need to gather all the information from your husband and make sure he is coming clean. Here we are talking about a 46yr old man and most people don't play games in this age. He entered into US on B-2 visa when he was 13 and it is not something he did special to have his parents handle immigration issues because it is needed to be handled by the parents.

Now you need to know the status of his parents at the time he came to US. Seems to me that they were probably citizens and never bothered to do anything considering the fact that their son is automatically US citizen but they forgot in order to get that status they must have filed the AOS. To claim his citizenship he must be a US Resident I mean a green card holder. If he had done that then he was a US Citizen. He simply could file for the US Passport with his Mother or Fathers proof of citizenship and his green card.If he did not apply for AOS he is flat illegal regardless his parents were citizen at that time.

Now you are a US Citizen and married to a man who is 46 and will never come clean to you because if the parents ignored him in that age when he was 13 what would be his capabalities now? As you mentioned that he gets called for Jury Duty and hope he has not been appointed for any? This is just a suggestion please don't take is so personal because I am living in this this great nation for 22 years and even I tried to lie in front of the Immigration Officer my attorney told me to come clean and he always advised "I'll support you all the way if you tell the truth to me and the officials and don't know HE (GOD) will support your honesty or not but HE does!" It was hard but at the end of the day I was well relieved and even found myself thinking "this is what it is now it is up to YOU (GOD)what is the difference here in US or there where they will send me"

You do need to consult an Attorney but before you do he will be asking for the information I mentioned above. I wish you and your Hubby live together forever. Good Luck!

[Kindra 0]

Hello Kindra,

Fist of all you need to gather all the information from your husband and make sure he is coming clean. Here we are talking about a 46yr old man and most people don't play games in this age. He entered into US on B-2 visa when he was 13 and it is not something he did special to have his parents handle immigration issues because it is needed to be handled by the parents.

Now you need to know the status of his parents at the time he came to US. Seems to me that they were probably citizens and never bothered to do anything considering the fact that their son is automatically US citizen but they forgot in order to get that status they must have filed the AOS. To claim his citizenship he must be a US Resident I mean a green card holder. If he had done that then he was a US Citizen. He simply could file for the US Passport with his Mother or Fathers proof of citizenship and his green card.If he did not apply for AOS he is flat illegal regardless his parents were citizen at that time.

Now you are a US Citizen and married to a man who is 46 and will never come clean to you because if the parents ignored him in that age when he was 13 what would be his capabalities now? As you mentioned that he gets called for Jury Duty and hope he has not been appointed for any? This is just a suggestion please don't take is so personal because I am living in this this great nation for 22 years and even I tried to lie in front of the Immigration Officer my attorney told me to come clean and he always advised "I'll support you all the way if you tell the truth to me and the officials and don't know HE (GOD) will support your honesty or not but HE does!" It was hard but at the end of the day I was well relieved and even found myself thinking "this is what it is now it is up to YOU (GOD)what is the difference here in US or there where they will send me"

You do need to consult an Attorney but before you do he will be asking for the information I mentioned above. I wish you and your Hubby live together forever. Good Luck!

Your attorney left your case in Gods hands.... That's awesome. I feel I may have better advice for you than you gave me. Thanks for reaching out.

[jhm3 15]

I am looking at the current version of the passport application form, DS-11, and nowhere on there do you check off that you're a U.S. citizen. The statement you sign at the end says "I am a citizen or non-citizen national of the United States ...", so he could argue he did not claim to be a citizen, only "a citizen or non-citizen national". (Along the same lines as the old I-9 form trick.) However, I don't know about jury duty and the other stuff he may have done.

This strikes me as a very good point. In this particular case, since the documents submitted with the passport application purported to show ties to American Samoa, the claim clearly was to (non-citizen) nationality, not citizenship. There might still be very serious consequences for misrepresentation, so the suggestions to consult with a very good lawyer with experience with these kinds of cases make sense to me, but since technically he seems not to have falsely claimed citizenship, the lifetime ban with no waiver for that particular kind of representation wouldn't apply, as I understand it.

Of course, it would also be important to try to determine if he might have claimed citizenship in any other context (e.g., in I-9 forms for employment, though older versions of that form used to have a single box to check for citizens *and* non-citizen nationals, so if it's only older versions he has filled out, he might be able to maintain that he has not falsely claimed citizenship).

Good luck!

Edited April 10, 2013 by jhm3

[wisegeek 8]

I have some information that may or may not apply.

US Immigration allows legalization of illegal aliens who were present in US before Jan 1, 1982.

See below:

Legalized Aliens

Certain illegal aliens who were eligible to apply for temporary resident status under the legalization provision of the Immigration Reform and Control Act of 1986. To be eligible, aliens must have continuously resided in the United States in an unlawful status since January 1, 1982, not be excludable, and have entered the United States either 1) illegally before January 1, 1982, or 2) as temporary visitors before January 1, 1982, with their authorized stay expiring before that date or with the Government’s knowledge of their unlawful status before that date. Legalization consists of two stages--temporary and then permanent residency. In order to adjust to permanent status aliens must have had continuous residence in the United States, be admissible as an immigrant, and demonstrate at least a minimal understanding and knowledge of the English language and U.S. history and government.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=be6695c4f635f010VgnVCM1000000ecd190aRCRD&vgnextchannel=b328194d3e88d010VgnVCM10000048f3d6a1RCRD

On how to apply - USCIS I 687

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a4e45f56ff55d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Again I am not sure if this applies to you, but since reading it sounds you spouse was in US before this time have an attorney consultation asking re: this waiver / rule.

He might later be eligible for a GC, however i cant speak on what effect the claiming to be a USC will have.

[Kindra 0]

Thank You wisegeek and Jhm3. That is correct, he did not claim citizenship on the app. He works as a subcontractor mostly and no I-9 forms for those particular jobs, but he has worked for a corporation in the past and doesn't remember filling one out but Im sure he did. I feel a little better about his odds and we will be getting legal help. Thanks for the advice

[Moomin 292]

I am looking at the current version of the passport application form, DS-11, and nowhere on there do you check off that you're a U.S. citizen. The statement you sign at the end says "I am a citizen or non-citizen national of the United States ...", so he could argue he did not claim to be a citizen, only "a citizen or non-citizen national". (Along the same lines as the old I-9 form trick.) However, I don't know about jury duty and the other stuff he may have done.

Hence why I asked which year US passport was applied for. However, there was a case taken to court about the claim, when it expired and when it could be used against someone, IE false claim to citizenship. And in one specific case it was ruled that someone falsely claimed citizenship on an I9 before the new rule(in 1996 I reckon), it was still a false claim because they continued working for the same employer after 1996. The same went for some financial aid/benefits where a person continued receiving payments after 1996. I'd tread a bit carefully with this one. And then figure this out before taking the next steps because the next steps are depending on this one factor.

There are ways around it however it is indeed a tiny crack that's open for those exceptions.

--

In 1979 I'm guessing the laws were different. Just because 2 parents decided to move to the US doesn't make them citizens or eligible for citizenship. For a kid to arrive on B2 and the parents as greencard holders or citizens of the US doesn't make much sense. Maybe OP can enlighten us, or will go to a qulaified attorney with al the info she's gathered so far.