My husband claimed he was a U.S citizen on I-9 form about seven years ago. He ended the job the same year he was hired. He did not apply yet for permanent residency. Can immigration find out about this form even though it may be destroyed? If so, how should we proceed?
A finding of a false claim to citizenship renders an alien permanently inadmissible to the United States with very few exceptons. Some Court have held that making such a claim on an I-9 form is sufficient to apply the bar. There is also a question as to whether the representation was as a citizen or national. Thus, the answer to your question is going to be very facts specific. Consult with an experienced immigration attorney who can review the facts of your case and advise you as to the options available and how best to proceed.
Jeffrey A. Devore, Esq.
Board Certified Immigration Attorney
Devore Law Group, P.A.
2925 PGA Blvd., Suite 204
Palm Beach Gardens, FL 33410
Telephone: (561) 478-5353
Facsimile: (561) 478-2144
You are using the wrong approach for your stay in the U.S. Whereas the use of medical marijuana is permitted under the laws of the state of California, under the federal law you are still planning to commit an act of moral turpitude and a crime under the U.S. federal law.
First and foremost, I suggest NEVER stating or admitting anything of criminal nature online. Ever. Secondly, from what your described your husband committed a federal crime of claiming citizenship which is an automatic preclusion for AOS.
Now, in certain current cases such applications were deemed as missing the component of intentional deception on the part of unsophisticated applicants.
For the most rational handling of your case, please retain a good immigration attorney to handle your spouse's case procedurally correctly for legally appropriate results. Do not make any more statements and mistakes. As you can see for yourself, it only complicates your lives and may affect your future negatively.
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