False claim

[quan12 6]

Hello all. Got a question. My friend that just came thru f1 student currently claimed to be a us citizen in other to work at walmart n he is oit of status by the way. Is there any consequence? Please no aggressive reply, just an opinion. Thanks all

[NigeriaorBust 4,087]

a false claim to USC is a lifetime ban with no possible waiver.

[MASH 172]

Since he did a false claim to be a USC more then likely he will be banned from America for good from what I hear

[Expat1 971]

It will be much easier to help resolve this with more information. Please post a photo of your friend and the location of the WalMart store.

[aleful 1,905]

hi

unfortunately, as others have said, it is the worst thing that he has done, claiming to be a USC carries a lifetime ban with no possibility of a waiver, he can never get a GC, and he can be deported

he cannot work other than at campus with a student visa, he must have the money to study, he might have ruined his life just to work at Walmart

[dmck 80]

Walmart will make him prove his eligibility before they actually allow him to work. That means they will check documents and he will have to have something that allows him to work. So if he proves eligibility, he got some fake docs from somewhere; could result in criminal charges.

[Unshakable Faith 493]

Just thinking- doesn't it matter who he made the claim to?

If a B2 holder comes to America and tells an employer he's married when he's not, it's not material misrepresentation (although it's still illegal to work). But if he says that to a government official to receive a benefit, it then becomes material misrepresentation.

Any thoughts on this? Does it have to be a government official that they make the claim to? How would immigration know unless the claim was made to them?

If that is the case that it doesn't matter who the claim is made to, if you think about it, illegal immigrants that falsely use the SSN of a USC for working purposes would then be under that ban as well because they are presenting USC documents.

Edited January 3, 2016 by FN&KO

[newacct 688]

Just thinking- doesn't it matter who he made the claim to?

If a B2 holder comes to America and tells an employer he's married when he's not, it's not material misrepresentation (although it's still illegal to work). But if he says that to a government official to receive a benefit, it then becomes material misrepresentation.

Any thoughts on this? Does it have to be a government official that they make the claim to? How would immigration know unless the claim was made to them?

If that is the case that it doesn't matter who the claim is made to, if you think about it, illegal immigrants that falsely use the SSN of a USC for working purposes would then be under that ban as well because they are presenting USC documents.

The law (INA 212(a)(6)©(ii)) says the ban is on falsely representing himself as a US citizen "for any purpose or benefit under this Act (including section 274A) or any other Federal or State law". INA 274A is the section that deals with employers not being allowed to employ people with employment authorization, and what documents they must check. So yes, if he falsely claims to be a citizen to a random dude on the street for no reason, that doesn't trigger this ban. But if he claims to be a citizen on the I-9 to get the employer to allow him to work, that does trigger the ban.

[aleful 1,905]

hi

newacct is correct, I have seen cases which the GC was denied because immigration checked the workplaces provided on the forms, and they claimed to be USC to get the job

[belinda63 3,038]

The I-9 is a federal form where you attest that you meet the requirements to work legally. It is a form the federal government requires the employer to have filled out and maintain on file. I also believe Walmart uses E-verify although not all store managers may be diligent in doing this. Yes Virginia, the US government has asked people to provide copies of the I-9s from the employer/checked the I-9s filed with employers and since taxes will be withheld under his social security number there is no way to hide his employment with them.

[quan12 6]

Hi guys, i really appreciate your replies n help. My frd works I. b the walmart at Oklahoma. I never knew how he got the job until i suddenly asked him when we were talking on the phone. I told him offs dangerous and if i were him, ill stop and try make things right. I'm not sure the document he presented to work but i knew he had a SSN from the University he attended when he came in Aug 2014. From what i heard, i learnt people clear off the DHS restriction on SSN in order to work. I think that's what he did n I'm not sure of document's required or the document's he presented to work. Thanks for Y'all help. I'll let him know the ahead.

[madtownguy 164]

If he got married to a US Citizen and filed AOS it would be something that could cause a problem if they knew about it. Most likely they wouldn't. So many people here illegally use fake SSN's and get away with it when it comes time to adjust status. The system is a bit flawed, what he did was illegal but in court the defense of I had to do what I had to do to provide for my family in a liberal area will sometime suffice. Nobody here can tell you what the outcome will be for sure. But everyone will agree it's not a good idea.

hi

newacct is correct, I have seen cases which the GC was denied because immigration checked the workplaces provided on the forms, and they claimed to be USC to get the job

I've seen the opposite. It's a ####### shoot.

[quan12 6]

Madtownguy

Thanks. I already warned him about it. But he seem too not care cuz his brother that him n i moved together to the states 6yrs ago Is doing the same thing n he is buffering his head that there ain't risk attach. Thank you all again. I'm going to send him this VJ pager to read for himself.I'm always busy n won't b able to keep up with it.

[NikLR 13,227]

Some people don't care that they're here and working illegally. They do so on purpose because they feel they likely will not be caught.

If you know illegal activity is taking place you can and should report them to ICE.

[Avery Cates 1,141]

Just thinking- doesn't it matter who he made the claim to?

If a B2 holder comes to America and tells an employer he's married when he's not, it's not material misrepresentation (although it's still illegal to work). But if he says that to a government official to receive a benefit, it then becomes material misrepresentation.

Any thoughts on this? Does it have to be a government official that they make the claim to? How would immigration know unless the claim was made to them?

If that is the case that it doesn't matter who the claim is made to, if you think about it, illegal immigrants that falsely use the SSN of a USC for working purposes would then be under that ban as well because they are presenting USC documents.

WalMart would have it on paper on the I-9 now.