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.
The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known and detailed research has not been undertaken. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers require an investigation into all facts about your case. Any answers offered on Avvo are of a general nature only and are not meant to create an attorney-client relationship. Use these answers at your own risk.
Real Estate Attorney
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
Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.
You are most likely barred for life from ever becoming an LRP. Sorry. You need to have a consultaion with an immigraiton attorney ASAP.
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Employment / Labor Attorney
By falsely claiming US citizenship you exposed yourself to a lifetime bar for which there is no waiver. You need to see an attorney in person.
Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com
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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.
Heather L. Garvock Attorney Ellis Porter, PLC 2701 Troy Center Dr., 410 Troy, MI 48084 Phone: 248-519-9900 Fax: 248-519-9901 Email: firstname.lastname@example.org For more information about current issues and developments in immigration law, visit my blog: www.miimmigrationnews.com The information I provide on my blog and Avvo is for informational purposes only and does not constitute legal advice or create an attorney client relationship.