Vawa part 4

[Sandra G. 5,057]

Vawa111 you need to hire a lawyer asap. You don't have to get any benefit just claiming to be a US citizen the alien has a ban for life to become an immigrant and there is no waiver for this kind of claim.

[howtosurvive 43]

Vawa111 it all deeR on what agency you claim citizen in. If it's for work purposes and none governmental it's unlikely that immigration is aware of it. I spoke to my lawyer about it and as I explain to you inbox. When you are immediate relative of a usc some things get waived. I9 is internal and is kept my your employer for a specific number of years I always read my i9 when I'm filling them.

[howtosurvive 43]

I still have a passport, need to find a cheap medical place in my area or free if possible. My laywer said all I need is my birth certificate and original marriage certificate and my daughters birth certificate. He's coming in with me and we have a immigration prep setup for close to my date. He's a good man

[Sandra G. 5,057]

The Immigration law clearly states there are JUST TWO exceptions for claiming citizenship 1) is if the alien is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, 2) provides an immigrant waiver only where the false claim was made prior to 1997, besides that THERE IS NO such exception if you were or are spouse,son or parent of any US Citizen.

Section 21 2(a)(6)©(ii) of the Act states

(ii) Falsely claiming citizenship.-

(I) In general.-Any alien who falsely represents, or has falsely represented,

himself or herself to be a citizen of the United States for any purpose or

benefit under this Act (including section 274A) or any other Federal or

State law is inadmissible .

(11) Exception-In the case of an alien making a representation described in

subclause (I), if each natural parent of the alien (or, in the case of an

adopted alien, each adoptive parent of the alien) is or was a citizen

(whether by birth or naturalization), the alien permanently resided in the

United States prior to attaining the age of 16, and the alien reasonably

believed at the time of making such representation that he or she was a

citizen, the alien shall not be considered to be inadmissible under any

-provision of this subsection based on such representation.

You can read more in this web site.

http://www.nolo.com/legal-encyclopedia/how-falsely-claiming-us-citizen-can-deportable.html

Edited September 10, 2013 by sandranj

[anajnic 87]

The Immigration law clearly states there are JUST TWO exceptions for claiming citizenship 1) is if the alien is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, 2) provides an immigrant waiver only where the false claim was made prior to 1997, besides that THERE IS NO such exception if you were or are spouse,son or parent of any US Citizen.

Section 21 2(a)(6)©(ii) of the Act states

(ii) Falsely claiming citizenship.-

(I) In general.-Any alien who falsely represents, or has falsely represented,

himself or herself to be a citizen of the United States for any purpose or

benefit under this Act (including section 274A) or any other Federal or

State law is inadmissible .

(11) Exception-In the case of an alien making a representation described in

subclause (I), if each natural parent of the alien (or, in the case of an

adopted alien, each adoptive parent of the alien) is or was a citizen

(whether by birth or naturalization), the alien permanently resided in the

United States prior to attaining the age of 16, and the alien reasonably

Thats very serios it seems Sandranj?

believed at the time of making such representation that he or she was a

citizen, the alien shall not be considered to be inadmissible under any

-provision of this subsection based on such representation.

[ishka86 1]

HI guys my case was approved in April , transferred to NBC office on June, 11- 2012 , Today i have 3 Month and i don't have interview date , this make me to worry why it is take to long (((( Some one have the same experience ???

Thank you

[vawa111 2]

Vawa111 you need to hire a lawyer asap. You don't have to get any benefit just claiming to be a US citizen the alien has a ban for life to become an immigrant and there is no waiver for this kind of claim.

Hi Sandranj,

I have a lawyer and when we applied I didnt know what I have claimed, and was scared to ask my employer what I have marked on I 9 because I could loose the job. Now after my EAD is approved I asked and they told me I have marked citizen. I am still aware of the risk and ready to take it.

I am liitle bit annoyed that if you apply for I485 through marriage there is a waiver but if you apply through vawa there is no waiver.

The question is what should I do based on everybody experience.

Should I update my information at my employer?

Should I quit the job?

Should I keep the job and when IO ask me if I have claimed citizen, i should say no.?

I really believe that USCIS knows what we have been through and not pay attention to false claim. After all I did it to survive( its a nongovernment, low pay job) and to pay taxes.

Thank you

[Hypnos 6,578]

I am liitle bit annoyed that if you apply for I485 through marriage there is a waiver but if you apply through vawa there is no waiver.

There is no waiver of a false claim to US citizenship (other than the two narrow exceptions mentioned by Sandra above), it carries a lifetime bar from the US if USCIS can prove that you made such a claim (they can and have subpoenaed I-9 records from employers and state DMVs to see what citizenship you have claimed to be in the past).

Edited September 10, 2013 by Hypnos

[Hypnos 6,578]

Something else to consider is that if you lie about a false claim to US citizenship (i.e. you said you have never claimed it but actually have) then this would likely be material misrepresentation, and could lead to any immigration benefits you have received (including a green card or citizenship) being revoked in the future, should USCIS ever have cause to investigate this.

[Sandra G. 5,057]

howtosurvive with all respect you are giving to Vawa111 information with no legal basis. Vawa111 clearly said she filled out the form I 9 claiming US Citizenship and when the time comes to file for naturalization there is one question in the part 10 (form N400)HAVE YOU EVER CLAIMED TO BE A US. CITIZEN? and she claimed YES then she MUST put YES in the form N400,otherwise she can screw up big time because she will have a finding of " misrepresentation" as well.

It does not matter if someone reported her to Uscis. Uscis will bring up the subject because when you attend the interview for naturalization the adjudicator asks all questions again and the alien must answer yes or no and in the Part 10 of form N 400 as I mentioned before there is one question if the alien ever claimed to be a US Citizen in writing or other way. The "six free consult attorney" you spoke should go back to Law school, because any lawyer who advises clients on legal issues to omit or to lie is not a good lawyer. A good lawyer gives information in compliance with Laws.

[finally26122012 20]

HI guys my case was approved in April , transferred to NBC office on June, 11- 2012 , Today i have 3 Month and i don't have interview date , this make me to worry why it is take to long (((( Some one have the same experience ???

Thank you

AM SORRY TO HEAR ISHKA86 AM WAITING 9 MONTHS NOW GOT APPROVED SINCE DECEMBER26, 2012 AND THE TRANSFERED MY CASE TO LOCAL OFFICE SINCE THEN I HEARD NOTHING THE JUST APPROVED MY 3RD WORK PERMIT AND MAILED IT OUT TODAY AM VERY SAD

[Sandra G. 5,057]

Vawa111 there is no waiver available ok. All circuits had addressed this question and conclude that an alien who falsely represents himself/herself to be a “citizen or national of the United States” on a Form I-9 to obtain employment makes a false claim of U.S. citizenship “for any purpose or benefit under” the INA is considered INADMISSIBLE IN THE U.S.You can google some decisions such as Fritz Jaen-Chavez (“Jaen-Chavez”)- the Court of Appeals for the Eleventh Circuit,

See Ferrans v. Holder, 612 F.3d 528, 532-33 (6th Cir.2010); Rodriguez v. Mukasey, 519 F.3d 773, 776-77 (8th Cir. 2008); Kechkar v.

Gonzales, 500 F.3d 1080, 1085 (10th Cir. 2007); Theodros v. Gonzales, 490 F.3d 396, 402 (5th Cir. 2007).

[ishka86 1]

AM SORRY TO HEAR ISHKA86 AM WAITING 9 MONTHS NOW GOT APPROVED SINCE DECEMBER26, 2012 AND THE TRANSFERED MY CASE TO LOCAL OFFICE SINCE THEN I HEARD NOTHING THE JUST APPROVED MY 3RD WORK PERMIT AND MAILED IT OUT TODAY AM VERY SAD

it is make me sad also

[Sandra G. 5,057]

vawa11 regarding your questions:

Should I update my information at my employer? YES

Should I quit the job? If you have a work permit I don't see any reason to quit the job.

Should I keep the job and when IO ask me if I have claimed citizen, i should say no.-USCIS will not ask in your AOS interview about "US Citizenship claim", but they will ask in your application for naturalization, and DO NOT LIE TO USCIS.

[Ban Hammer 13,470]

one personal attack removed.

also, 2 posts removed for terms of service violation along with one quoting:
Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.