False claim to us citizen question

[Rc123rc 528]

Since then I re-entered illegally to reunite with my family but I don't know what to do

Question: are any of you familiar with a case such as mine? what can be done in this case?

thanks

To answer your question? Have your family move to Mexico or a third country. You can try the lawyer route but, your chances are almost zero and you risk being held by ICE waiting for any deportation trial that you might have because of your illegal status.

[Eric-Pris 1,607]

Wow, 27 years illegally in the US. I'm assuming you've been working, paying taxes, driver's license etc during this time? The US system really is broken when someone can stay on the radar, illegally for 27 years...

Taxes? LOL.

I estimate that 1 out of 100 illegals pays taxes. I bet there's more that get food stamps than pay taxes.

[Ash.1101 1,756]

To answer your question? Have your family move to Mexico or a third country. You can try the lawyer route but, your chances are almost zero and you risk being held by ICE waiting for any deportation trial that you might have because of your illegal status.

Agreeing with this.

OP: Your FAMILY (wife and children) have a right to be in the US. You do not. Even if you go back to Mexico and try for a spousal visa, you WILL be denied as it is in the system to deny you, no questions asked.

If you want to stay together, your LEGAL options are to move to mexico as a family, or find some third country that can take all of you. But YOU can not be in the US legally, NO MATTER WHAT. At any point of time, if you're in the US you WILL be illegal as you are NOT allowed in the US.

[charmander 692]

If a lawyer says he/she can help, definitely ask for a proof that he/she represented a similar case in the past successfully.

[ManCharsey 254]

I agree with what the above posters have said.

If your interview happened in the US, you could challenge the assertion that you claimed to be US citizen in court and a good judge would have the tapes reviewed etc. to figure out if this really happened or not.

Since it happened in Mexico, there isn't much you can do as US courts don't have jurisdiction there and can't do anything about it.

It's unfortunate what happened but 27 years as an illegal is really long! I wonder how you managed to beat the system for this long without being detected. Unfortunately, being here AGAIN as an illegal really just made it all worse. Under Trump, you won't be just deported but you could be jailed for this as the deportation alone hasn't been successful at keeping you out.

Again it's unfortunate the ban will tear you away from your family but I hope you at least saved some money to be able to stay in France. If you are from Mexico, it's not really that bad out there (I have been there twice - Puerto Vallarta and Juarez - and I loved it!) and not too far as well. Your family could come over and visit you.

Sorry but there isn't much you can do at this point! This can not be waived.

Edited November 23, 2016 by ManCharsey

[ManCharsey 254]

If a lawyer says he/she can help, definitely ask for a proof that he/she represented a similar case in the past successfully.

The 'lawyer' most likely wants to take his money. The ban was issued by the state department OUTSIDE the US and not by USCIS so a court won't even look into this. It's outside of their jurisdiction besides this can not be waived like a lot of people have said in the previous posts.

[Ash.1101 1,756]

You'd also have to make sure to put the fine details when talking to a lawyer.

You don't just tell them that you were banned from the US because the officer thinks you claimed to be a USC. You have to tell them that you have been in the US illegally for 27 years, coming in and out illegally all throughout that time, and when you were with a CO, the CO said that you had admitted to claiming to be a USC, you received a permanent ban from the US, and then you came into the US -AGAIN- illegally, after being told you were NOT allowed in the US.

This isn't a case of, oops I messed up, my bad, this is a case of blatant disregard for the law, and repeating that disregard over and over again.
It's like someone to tell you not to touch the vase, and you straight up look them in the eye and push the vase over breaking it and then running for it, just on a much larger, much more serious, much more criminal scale.

I could see there be three types of lawyers, the ones who may not understand the full story as it's being told fairly nonchalantly, and think they could win it, the ones who are just after money and know it's a loss, and those who won't even touch it because even with the money it could be a waste of time and potentially reputation to take on a case that's so shady. (Some lawyers do care about rep LOL)

[bdawn 66]

I have consulted with several attorneys. About 65% seem to think that there is nothing that can be done while a few indicate that there may be something.

Anyhow. Has anyone been trough this issue?

Can anyone answer the original questions?

Thank you!

Seriously? So 35% of the lawyers you have spoken with believe they can magically turn a permanent ban into something productive for you? Well…obviously they’re blissfully blowing smoke up your skirt to keep the checks rolling in (and their pocket full). Some lawyers! But yea welcome to the 21^st century where many people are willing to kiss their integrity goodbye as long as it keeps the checks rolling in

[Inikamoze 86]

With so many about turns from Trump I wouldn't hold my breath that all of a sudden there is going to be a mass recruitment exercise to join ICE to remove 3 million criminals and then the other 8 million who are here illegally.

The fact that there will be a garden fence for part of the border and maybe a notional length of the 30' high wall (which people actually believed was getting built!).

No point scaremongering as with countless other issues that Trump thinks he can reverse or solve with a click of the fingers, he's sadly mistaken.

You can't condone the OP for his actions as they are clearly against the law, however the border will not be secured and people such as him will get through again and again. Even if the reason is a commendable one in reuniting with his family.

Does the reason for the lifetime ban constitute hearsay? What proof is there he claimed citizenship?

What if a GC holder comes across in a car full of US citizens and the question is posed to the driver "are you all US citizens" and in haste they respond yes... GC has inadvertently claimed citizenship, especially if they don't pay attention to what's been discussed up front in the car perhaps.... you can't plead ignorance as has been pointed out so face a ban too then?!

For a lifetime ban there should be concrete evidence regardless as it's such a drastic action not simply on a hunch of a pen pusher... personally I suspect the OP hasn't provided all the facts!

Edited November 23, 2016 by Inikamoze

[IcezMan_IcezLady 582]

Taxes? LOL.

I estimate that 1 out of 100 illegals pays taxes. I bet there's more that get food stamps than pay taxes.

Does sales tax count as tax?

Does property tax count as tax?

[IcezMan_IcezLady 582]

With so many about turns from Trump I wouldn't hold my breath that all of a sudden there is going to be a mass recruitment exercise to join ICE to remove 3 million criminals and then the other 8 million who are here illegally.

The fact that there will be a garden fence for part of the border and maybe a notional length of the 30' high wall (which people actually believed was getting built!).

No point scaremongering as with countless other issues that Trump thinks he can reverse or solve with a click of the fingers, he's sadly mistaken.

You can't condone the OP for his actions as they are clearly against the law, however the border will not be secured and people such as him will get through again and again. Even if the reason is a commendable one in reuniting with his family.

Does the reason for the lifetime ban constitute hearsay? What proof is there he claimed citizenship?

What if a GC holder comes across in a car full of US citizens and the question is posed to the driver "are you all US citizens" and in haste they respond yes... GC has inadvertently claimed citizenship, especially if they don't pay attention to what's been discussed up front in the car perhaps.... you can't plead ignorance as has been pointed out so face a ban too then?!

For a lifetime ban there should be concrete evidence regardless as it's such a drastic action not simply on a hunch of a pen pusher... personally I suspect the OP hasn't provided all the facts!

I believe there was post a while back about GC holder when went to Mexico with his college friends and when they were returning at the border, they were asked "are y'all USCs" and OP didn't say he wasn't and so he had inadmittedly claimed US citizenship.

I don't know what happened to that OP at his naruralization interview.

[EM_Vandaveer 2,408]

Look up 9C ban.

If you entered EWI, spent more than a year in the US, left and then re-entered EWI again, you have this in addition of the unwaiverable ban for claiming US citizenship.

I've no idea what lawyer thinks that something can be done with 9C AND false claim to US citizenship. Most likely, nothing can be done.

Edited November 23, 2016 by EM_Vandaveer

[belinda63 3,039]

The 9c ban is a life time ban with a waiver available after 10 years. That is 10 years of being out of the US. So don't plan on being legal under the current laws for at least 10 years. As to the claim of US citizenship it is his word against the US governments. Guess who is going to win.

I suggest you start looking somewhere other than the US for you and your family to live.

[EM_Vandaveer 2,408]

The 9c ban is a life time ban with a waiver available after 10 years. That is 10 years of being out of the US. So don't plan on being legal under the current laws for at least 10 years. As to the claim of US citizenship it is his word against the US governments. Guess who is going to win.

I suggest you start looking somewhere other than the US for you and your family to live.

Exactly. Let's put the false claim issue aside for the sake of discussion (maybe it can be resolved somehow as OP claims it never happened, etc.).

9C still applies, can only be waivered after OP has spent 10 years OUTSIDE the US. OP doesn't seem likely to spend 10 years outside the US based on the fact that after the visa refusal he EWId once again to get back to the US.

Therefore there is ZERO chance of getting his immigration issues fixed.

Edited November 23, 2016 by EM_Vandaveer

[Mounat 74]

I suggest you start looking somewhere other than the US for you and your family to live.

Wow. The sanctimony in this thread is suffocating. It's precisely because immigration is broken that OP and millions like him are illegal, not the other way around.

OP, there's no useful info for you here. Pick a competent lawyer you can trust among the minority who told you it's possible.