N400 Application - should I be concerned?

[kmdr 0]

About two years ago I set up a Roth IRA with my bank. Then last year as I was preparing the evidence for my I-751 application I realized that the bank representative had listed me as a US citizen on the paperwork. I had no idea that he did this and was surprised as he is well aware of my immigration status (I’ve known him for some time). I submitted the paperwork with the I-751 as it listed my husband as a beneficiary and also included a note about how I had no idea the banker did this and I attached a receipt from the bank showing how I immediately went in to have it changed. 

Now I am starting to prepare my N400 application and I noticed the question: 1. Have you EVER claimed to be a U.S. citizen (in writing or any other way)? 
 

I am concerned about how to answer this. I have genuinely NEVER done this but I am concerned about how USCIS will react to the fact that it took me a year to notice it on the paperwork. Is this something to worry about? 

Thank you.

[charmander 692]

I don't think it would affect since you have not gained any benefit in Roth IRA by (accidentally) claiming yourself as US citizen. Claiming yourself as US citizen for employment or a loan only US citizens could apply is a different story. It is similar to accidentally registering to vote vs registering to vote and then actually vote. From what you wrote, USCIS is already aware that you corrected this mistake. Therefore, if you now answer that question NO, it would automatically be treated as giving false information. I think you should do it similar to what you have done at the I751 stage, include a letter that you became aware of this mistake and immediately corrected it with the financial agency afterwards, and also that you have disclosed this information as part of your I-751 evidences. Attach the same receipt again in your N400 package. There is nothing more you can do about it but if you are really worried, it is time to talk to an immigration attorney that could give an honest opinion on this issue. Also take a look at the official USCIS policy manual on how they treat false citizenship claims. https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartK-Chapter2.html Looks like they consider i) whether you knowingly did this (no), ii) whether you obtained any benefit (no), iii) whether you timely corrected your mistake (yes).

[kmdr 0]

On April 20, 2017 at 10:53 AM, charmander said:

I don't think it would affect since you have not gained any benefit in Roth IRA by (accidentally) claiming yourself as US citizen. Claiming yourself as US citizen for employment or a loan only US citizens could apply is a different story. It is similar to accidentally registering to vote vs registering to vote and then actually vote. From what you wrote, USCIS is already aware that you corrected this mistake. Therefore, if you now answer that question NO, it would automatically be treated as giving false information. I think you should do it similar to what you have done at the I751 stage, include a letter that you became aware of this mistake and immediately corrected it with the financial agency afterwards, and also that you have disclosed this information as part of your I-751 evidences. Attach the same receipt again in your N400 package. There is nothing more you can do about it but if you are really worried, it is time to talk to an immigration attorney that could give an honest opinion on this issue. Also take a look at the official USCIS policy manual on how they treat false citizenship claims. https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartK-Chapter2.html Looks like they consider i) whether you knowingly did this (no), ii) whether you obtained any benefit (no), iii) whether you timely corrected your mistake (yes).

Thanks, I totally agree with you. I think for peace of mind I'll consult an attorney too. 

 

Appreciate your advice.