false us citizen claim got work

[shankskaunda@yaho 3]

Does the Biden immigration plan scrap this for spouses of US citizen who got deported or denied visa based n this?

[Dashinka 24,494]

Not really certain what the question is.  As to working in the US illegally, spouses of USCs are usually forgiven for this.  Given deportation, and claiming to be a USC, that may require a waiver at some point, but that depends on why the person was deported.

 

Good Luck!

[jan22 3,053]

There is no waiver available for an immigrant visa applicant who has made a false claim to of US citizenship if:

1.  The false claim was made after September 30, 1996; and,
2. The claim was made for any benefit under the INA or any other federal or state law; and, 
3.  The claim was material to the benefit being sought; and,
4.  There was none timely retraction ifor the claim.

Example:  The most common example of this is claiming to be a US citizen for purposes of employment. Even if  the job does not require US citizenship per se, it would still be considered a claim made to achieve a benefit under federal law, and it would be considered material.  The benefit being sought and what makes it material is seeking to avoid having to produce a valid, unexpired work authorization.

 

Once it's determined that the individual is ineligible under INA 212(a)(6)(C)(ii), the person is permanently barred from entering the US on an immigrant visa, with no waiver ever available.

 

 

[pushbrk 12,882]

58 minutes ago, jan22 said:

There is no waiver available for an immigrant visa applicant who has made a false claim to of US citizenship if:

1.  The false claim was made after September 30, 1996; and,
2. The claim was made for any benefit under the INA or any other federal or state law; and, 
3.  The claim was material to the benefit being sought; and,
4.  There was none timely retraction ifor the claim.

Example:  The most common example of this is claiming to be a US citizen for purposes of employment. Even if  the job does not require US citizenship per se, it would still be considered a claim made to achieve a benefit under federal law, and it would be considered material.  The benefit being sought and what makes it material is seeking to avoid having to produce a valid, unexpired work authorization.

 

Once it's determined that the individual is ineligible under INA 212(a)(6)(C)(ii), the person is permanently barred from entering the US on an immigrant visa, with no waiver ever available.

 

 

Yes, so apply that to the actual circumstances and the OP will have their answer.

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to General Immigration-Related Discussion.

[pablo2752 106]

No, and why would he??