False claim U.S citizenship on i-9

Asked over 2 years ago - New York, NY

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?

Additional information

His co-worker told him that they destroyed his entire file, including i-9.

Attorney answers (3)

  1. Jeffrey Adam Devore

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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
    Skype: jeffrey.a.devore
    email: jdevore@devorelawgroup.com
    web: www.devorelawgroup.com

  2. Neil Ian Fleischer

    Contributor Level 20

    Answered . It is possible they could find out. How do you know it was destoryed? I would hire an attorney to do due dillegence and advise you before you file as false claims to citizenship are removable crimes

    Www.immigrate2usa.com

    Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State... more
  3. Alexander M. Ivakhnenko

    Contributor Level 20

    Answered . 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.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

31,233 answers this week

3,085 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,233 answers this week

3,085 attorneys answering