List if offenses that result in inadmissibility

[debbiedoo 2,339]

i would think claiming to be a USC and the use of a false social security number would fall under misrepresentation.

 

It SEEMS you may have other background or convictions by some of your comments, as well. If so, what are they? more than traffic tickets?

 

Moving to canada may be the best route. If my husband had (for some strange reason) not been able to move here, I would have moved there in a heartbeat. okay, maybe not a heartbeat cause I hate snow and cold and I didnt want to move my son, but the quality of life and healthcare and education systems are impressive and similar to or surpass the US. Its quite nice and I always enjoyed the time I was up there (several months in total, though he typically traveled here)

 

Moving to canada would certainly not be the worst thing that ever happened to me.

 

 

[kris&me 572]

used a SS # that was not issued

I would worry more about getting into trouble in the US for that especially if the number had been given to a person here (ID theft)

[HRQX 4,145]

4 minutes ago, kris&me said:

used a SS # that was not issued

I would worry more about getting into trouble in the US for that especially if the number had been given to a person here (ID theft)

Yup. It's at least a federal misdemeanor. In addition, each state has ID theft laws: http://www.ncsl.org/research/financial-services-and-commerce/identity-theft-state-statutes.aspx OP's belief that the SSN is just "fake" might only shield him from the federal felony of "aggravated identity theft": https://www.oyez.org/cases/2008/08-108

[Villanelle 4,122]

Honestly if you want help you are going to have to stop posting vague hypothetical situations and just tell people the truth about what happened. Its the only way you are going to get any kind of accurate or relevant answers...

 

It is impossible to list EVERY possible scenario that would result in ineligibility for AOS. People listed you a few common ones but its silly to ask for a list of things that could cause you to be denied rather then just explaining what your situation is. Often there are additional factors that change things. 

 

In your other threads you gave reference to their possibly being an i-9 that was filled out by a manager that might have claimed USC. So it seems like you have an idea of when this couldve been filled out- you shouldnt have that hard of a time tracking it down nor need to check everything you ever did. When you did have a valid status you wouldve most likely filled out forms properly stating such status. Theres no logical reason for someone to have a valid status and still decide to check off the USC box. That usually only occurs when you have no status. Also if you were using a fake SSN its assumed you had no status when you used it. You would have also have needed to have a fake LPR card or some other type of fake visa status proof to go along with it. If you didnt then yeah, most likely the fake SSN was used in conjunction with checking USC. Otherwise you wouldnt have been able to be hired. Just a SSN is not enough for i9.  

 

How would USCIS find out about this? Uh usually its a combination of them using common sense and asking you questions that you need to answer honestly. You fill out various things including work history. It needs to be 100% truthful. So yeah if I was the Officer and saw you had worked for years in the US and theres no status you held during that time of course Im going to ask how it was that you were able to work! 

[TorontoCalifornia 2]

24 minutes ago, Villanelle said:

Honestly if you want help you are going to have to stop posting vague hypothetical situations and just tell people the truth about what happened. Its the only way you are going to get any kind of accurate or relevant answers...

 

It is impossible to list EVERY possible scenario that would result in ineligibility for AOS. People listed you a few common ones but its silly to ask for a list of things that could cause you to be denied rather then just explaining what your situation is. Often there are additional factors that change things. 

 

In your other threads you gave reference to their possibly being an i-9 that was filled out by a manager that might have claimed USC. So it seems like you have an idea of when this couldve been filled out- you shouldnt have that hard of a time tracking it down nor need to check everything you ever did. When you did have a valid status you wouldve most likely filled out forms properly stating such status. Theres no logical reason for someone to have a valid status and still decide to check off the USC box. That usually only occurs when you have no status. Also if you were using a fake SSN its assumed you had no status when you used it. You would have also have needed to have a fake LPR card or some other type of fake visa status proof to go along with it. If you didnt then yeah, most likely the fake SSN was used in conjunction with checking USC. Otherwise you wouldnt have been able to be hired. Just a SSN is not enough for i9.  

 

How would USCIS find out about this? Uh usually its a combination of them using common sense and asking you questions that you need to answer honestly. You fill out various things including work history. It needs to be 100% truthful. So yeah if I was the Officer and saw you had worked for years in the US and theres no status you held during that time of course Im going to ask how it was that you were able to work! 

Not sure what is vague or hypothetical about my situation. I worked using a fake SSN and may have checked the USC box on an I9 (me not a manager). Sorry you're struggling with that. It can also be helpful to look at the tile of threads to be sure you are staying on topic.

 

My goals with this thread were simply to:

 

A) Be sure I have no more surprises in store. Before last week, I would have never imagined that checking the wrong box on an I9 would result in a lifetime ban with no waiver. So, should it turn out that I did not do that, I do not want to then find out that I am also inadmissible and banned for life without a waiver because I also j-walked, or had cream in my coffee on a Sunday.

 

B) Create a list of infractions that make someone inadmissible and indicate the length of ban, and whether or not there there is a waiver for that infraction so others can use it as a resource in the future. 

 

Here is that list so far:

• Any crime (Is it safe to assume if you have committed a crime at any point in your life, you will need to apply for a waiver?)
• Any drug crime - other than an offense related to simple possession of 30 grams or less of marijuana (Is there a waiver? Is this a lifetime ban?)
• Misrepresentation (This includes lying on any official document? Is there a waiver? Is this a lifetime ban?)
• Illegal presence - obtained via overstaying a visa (Length of ban can be either 3 or 10 years depending on overstay? A waiver does exist for this)
• Murder or torture (For life? Does a waiver exist?)
• Significant trafficking in persons (Length of ban? Does a waiver exist?)
• Money laundering (Length? Waiver?)
• Having committed a particularly severe violation of religious freedom while serving as a foreign government official (Length? Waiver?)
• Mass murderers need not apply.
• Falsely claiming to be a US Citizen - generally happens on an I9, voter registration, or tax return (Lifetime ban with no waiver)

[TorontoCalifornia 2]

5 hours ago, debbiedoo said:

i would think claiming to be a USC and the use of a false social security number would fall under misrepresentation.

 

It SEEMS you may have other background or convictions by some of your comments, as well. If so, what are they? more than traffic tickets?

 

Moving to canada may be the best route. If my husband had (for some strange reason) not been able to move here, I would have moved there in a heartbeat. okay, maybe not a heartbeat cause I hate snow and cold and I didnt want to move my son, but the quality of life and healthcare and education systems are impressive and similar to or surpass the US. Its quite nice and I always enjoyed the time I was up there (several months in total, though he typically traveled here)

 

Moving to canada would certainly not be the worst thing that ever happened to me.

 

 

Thanks for your response. I do not have other infractions other than overstay, using a fake SSN, and possibly falsely claiming to be a USC.

 

I appreciate your sentiment regarding Canada, and agree with you. My wife and I have always planned to eventually move there but would prefer to stay where we are for the time being as we also do not like the cold, and my wife has a job she enjoys, and I am very proud of, so if we can stay without hassle for a few more years that is the preference. If not, as you said, nowhere near the end of the world. 

[SalishSea 18,170]

Just now, TorontoCalifornia said:

I do not have other infractions other than overstay, using a fake SSN, and possibly falsely claiming to be a USC.

LOL......I do not think you yet understand that these are big......

[TorontoCalifornia 2]

55 minutes ago, HRQX said:

Yup. It's at least a federal misdemeanor. In addition, each state has ID theft laws: http://www.ncsl.org/research/financial-services-and-commerce/identity-theft-state-statutes.aspx OP's belief that the SSN is just "fake" might only shield him from the federal felony of "aggravated identity theft": https://www.oyez.org/cases/2008/08-108

 

1 hour ago, kris&me said:

used a SS # that was not issued

I would worry more about getting into trouble in the US for that especially if the number had been given to a person here (ID theft)

I have discussed this with my lawyer. He seems more concerned with the I9s and false claim to USC, so I am deferring to him at the moment. But, I will try to remember to update should I get an update on this. 

[TorontoCalifornia 2]

3 minutes ago, Jorgedig said:

LOL......I do not think you yet understand that these are big......

I do not think you understand what I understand. I can only consult with a lawyer, which you and I are not, and take his advice into consideration. 

Edited November 17, 2019 by TorontoCalifornia

[SalishSea 18,170]

5 minutes ago, TorontoCalifornia said:

I do not think you understand what I understand. I can only consult with a lawyer, which you and I are not, and take his advice into consideration. 

Okay, well I've been on VJ for long enough to see lawyers give folks an abundance of incorrect info.  Regardless of what yours has told you, falsely claiming to be a USC is a big deal.

[TorontoCalifornia 2]

14 minutes ago, Jorgedig said:

Okay, well I've been on VJ for long enough to see lawyers give folks an abundance of incorrect info.  Regardless of what yours has told you, falsely claiming to be a USC is a big deal.

Have you read any of the posts on this thread? Have you read the title? I haven’t claimed that it isn’t a big deal. I was asked if there were any other infractions and I listed all of the infractions I have committed. When did I state how serious I think they are? 

 

Do you have any interest in contributing to this thread? Or did you just want to keep telling me how much trouble I am in? 

[SalishSea 18,170]

28 minutes ago, Jorgedig said:

I do not have other infractions other than overstay, using a fake SSN, and possibly falsely claiming to be a USC

The above quote sounded dismissive.  I'm glad that you do understand the gravity of your situation and your path ahead.  

[geowrian 22,338]

If there is a false claim to US citizenship in order to obtain a benefit (i.e. work), then any other infraction is moot.

Edited November 17, 2019 by geowrian

[TorontoCalifornia 2]

3 minutes ago, Jorgedig said:

The above quote sounded dismissive.  I'm glad that you do understand the gravity of your situation and your path ahead.  

Thank you. It was a response to a question asked. I can see without context how it would appear that way. 

[TorontoCalifornia 2]

5 minutes ago, geowrian said:

If there is a false claim to US citizenship in order to obtain a benefit (i.e. work), then any other infraction is moot.

I do appreciate you contributing. Can we try to focus on making list of infractions that result in become inadmissible? I am happy to start a new thread if we want to discuss my case specifically, but for now I just want to get some foresight and leave something that others can use in the future. I did not think that the false claim to USC would result in a lifetime ban without a waiver, so I'd like to uncover anything else I may not be aware of while also leaving a comprehensive list for others to use as a resource. Do you know of any other infractions that will result in a lifetime ban with no waiver?