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Can I be eligible for a green card even though I claimed to be a citizen in a I-9 form? I am married to a US citizen.

South Elgin, IL |

I came to this country as a student and after graduating I stayed in the US. When I applied for a job, in the I-9 form I put down that I am a citizen because I did not know what else to put.

Attorney Answers 3


I must respectfully disagree with the prior poster. You will be interviewed by the Chicago Field Office of USCIS. In almost every adjustment of status interview they ask whether or not you have falsely claimed to be a U.S. citizen. They also frequently ask for I-9 forms to verify whether or not someone has made a false claim to U.S. citizenship. Our office has sucessfully overcome charges of false claims to U.S. citizenship in certain circumstances in the past, but this will almost certainly be an issue in your case.

I would strongly suggest that you speak with an experienced immigration attorney before you file for permanent residency.

With respect,

Elizabeth Rompf Bruen
Attorney at Law

Scott D. Pollock & Associates, P.C.
105 W. Madison Street, Suite 2200
Chicago, IL 60602
Phone: 312-444-1940
Fax: 312-444-1950

Please be sure to visit our recently renovated website at

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It could be an issue if USCIS will get a hold of the I-9 form. Are you still employed at this company, how many years ago did you work there. Employers are required to keep I-9 forms for 3 years. An employer must retain the Form I-9 for each employee either for three (3) years after the date of hire or for one (1) year after employment is terminated, whichever is later. All current employees, therefore, must have Forms I-9 on file with the employer.

So if that period passed, you should be fine. We have seen cases where such documents were an issue at the Adjustment Interview, but with careful explanation and a show of a non willful violation, such matters can be resolved.

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Under Section 212(a)(6)(C) a person who falsely represents himself as a Citizen of the US for any purpose or benefit under the Act or any other Federal or State law is inadmissible.

There are exceptions to this rule. You need to speak with an attorney prior to filing.

Let me know if you have further questions.


Rehan Alimohammad
Attorney at Law & CPA

Law Offices of Rehan Alimohammad, PC
Houston Office: 281-340-2074
Toll Free: 800-814-3920
Fax: 866-240-0629

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