false citizenship claim LPR international travel after false citizenship claim.

[Daisy.Chain 317]

4 hours ago, JFH said:

But she did not intentionally lie. She genuinely believed she was a USC because she arrived as a minor with her father, who is a USC. I have to say that the rules regarding citizenship for children are very complicated here. She didn’t claim to be a USC to gain something to which she was otherwise unentitled. LPRs can work and receive student loans. This is a completely different matter than someone who knows that they are not a USC but lies and says that they are purely to gain something that LPRs are not entitled to such as voting for president or certain welfare benefits.  

She wrote " I have checked us citizen on i9 and on FAFSA . I just recently realized how big of a mistake I have made and have decided to not apply for naturalization. I...am worried about my school federal loan that says I'm a citizen being discovered."

 

That sounds deliberate to me, and as though she were deliberately applying  for USC benefits. Did I miss somewhere where she said it was unintentional? I though she was expressing remorse for the message she is in, not for an accident.

 

However, I wrote "if" lying was the case in my post, giving the benefit of the doubt, and that she should return any $ she got for claiming to be a citizen - which she should! As many of us well know, although some scholarships are for PR, lots are only for USC, and that could get her into even more trouble.

17 hours ago, Serenitty said:

Federal aid for college and working are benefits of being a lpr too

Some Federal and applies to PR, but some scholarships are only for USC. It all depends on what she received.

[geowrian 22,338]

6 hours ago, JFH said:

But she did not intentionally lie. She genuinely believed she was a USC because she arrived as a minor with her father, who is a USC. I have to say that the rules regarding citizenship for children are very complicated here. She didn’t claim to be a USC to gain something to which she was otherwise unentitled. LPRs can work and receive student loans. This is a completely different matter than someone who knows that they are not a USC but lies and says that they are purely to gain something that LPRs are not entitled to such as voting for president or certain welfare benefits.  

That is a valid claim. However, is it one an IO or IJ would believe given the circumstances? When did they realize they were not a USC? Did they ever try to verify their US citizenship? Did they retract their claims once discovered they were false? These are all factors that would be considered.

 

True, an LPR is entitled to work and receive student loans. But the specifics will matter here as well...had they claimed not to be a USC, would they have received any fewer benefits? I don't know the answer, but this would also be a consideration. For instance, if they received a grant, loan, or scholarship that was for USCs only, then that would be a serious issue. The OP claimed they didn't, but I really think a deeper investigation is warranted before attempting to go this route...it's not something somebody likely knows off the top of their head.

Edited June 30, 2018 by geowrian

[SusieQQQ 11,587]

11 hours ago, JFH said:

But she did not intentionally lie. She genuinely believed she was a USC because she arrived as a minor with her father, who is a USC. I have to say that the rules regarding citizenship for children are very complicated here. She didn’t claim to be a USC to gain something to which she was otherwise unentitled. LPRs can work and receive student loans. This is a completely different matter than someone who knows that they are not a USC but lies and says that they are purely to gain something that LPRs are not entitled to such as voting for president or certain welfare benefits.  

 

6 hours ago, Daisy.Chain said:

She wrote " I have checked us citizen on i9 and on FAFSA . I just recently realized how big of a mistake I have made and have decided to not apply for naturalization. I...am worried about my school federal loan that says I'm a citizen being discovered."

 

That sounds deliberate to me, and as though she were deliberately applying  for USC benefits. Did I miss somewhere where she said it was unintentional? I though she was expressing remorse for the message she is in, not for an accident.

 

However, I wrote "if" lying was the case in my post, giving the benefit of the doubt, and that she should return any $ she got for claiming to be a citizen - which she should! As many of us well know, although some scholarships are for PR, lots are only for USC, and that could get her into even more trouble.

Some Federal and applies to PR, but some scholarships are only for USC. It all depends on what she received.

I have to agree it didn’t sound unintentional the way it was phrased initially.

 

and if she really believed she was a citizen, all the way through college and working, isn’t it strange she never tried to vote in any elections? If she came after finishing high school she must have turned 18 fairly soon thereafter.

[Teemo 252]

On 6/29/2018 at 5:05 PM, Serenitty said:

I don't plan on lying as I will never apply for n400 ,I am okay with renewing my green card every 10 years but I am worried about travelling. I should have added in my post that my father is a naturalized usc and both he and I thought I automatically derive it after he brought me here but he did not have legal custody of me which is one of the requirements and so I can not apply for the n600 as I had thought o could.

It sounds like you unknowingly falsely claimed US citizenship. Here's some light reading for you: http://dgvisalaw.com/wp-content/uploads/2016/01/Evaluating-and-Defending-False-Claims.pdf

 

Also you checked citizen on an I-9 but did you ever provide documentation saying you were a USC (one of the requirements of the I-9 is showing proper work authorization). 

Edited July 9, 2018 by Teemo