Hello . I am an immigrant who have overstayed his tourist visa here in the US since childhood . I have just married a US citizen friend of mine whom I've known since the 1990s , and we are looking for help with adjustment of status . One thing that troubles me after researching on line on different places , is that I've claimed US citizenship on work applications ever since I started working in 2005 after graduating from junior college , because I had to work to survive , and don't know what else to put on those I - e's because I have no CG or anything else . . . . and from my research , that factor could kill any chance i have of earning a green card , even with my legitimate marriage . Is that true , and is there anything I could do ? thank you .
Falsely claiming to be a U.S. citizen for any purpose or benefit under the Immigration and Nationality Act or federal or state law can result in a permanent unwaivable bar to admission, including adjustment of status.
Whether your past statements would in fact trigger this bar requires a detailed and careful analysis.
This is a public forum. Your statements above could cause you problems even if under the true facts you did not trigger this bar.
Yes. Falsely claiming to U.S. citizenship is one of the greatest impediments to Adjustment of Status and Naturalization. You may have a way out if you can show that the questions were ambiguous and you thought you were claiming to be a U.S. national or depending on how young you were when you first arrived in the U.S., that you thought you were born here. However, you cannot do that if you run around posting admissions on website like Avvo. Good luck to you.
Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
You need to see an immigration attorney before you file anything with USCIS. As my colleagues have mentioned, claiming to be a US citizen, even on an I-9 form, can bar you from receiving immigration benefits for life. There is no waiver of this ground of inadmissibility available. Prior to 2009, the I-9 form asked if you were a citizen or national of the United States. So, if you checked yes, the argument could be made that you were only falsely claiming to be a US national. Falsely claiming to be a US national does not carry the same consequences as a false claim to citizenship. The I-9 form now has a separate box if you are claiming to be a non-citizen national, so you cannot make this argument.
Further, it is worth noting that even absent the false claim issue, adjustment of status based on marriage is an immigration benefit only available to individuals living in a bona fide marital union with a US citizen. Having a legal marriage to a friend, without the intent to live as husband and wife, is not adequate.
Finally, you should not post such admissions in a public forum. Such discussions are best had in the privacy of an attorney's office, where the things you say will remain confidential.
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