My i485 was denied based on I obtained on Dec 20 1996 a driver license using another identity indicating a was a US citizen.

Asked over 1 year ago - Orlando, FL

I understand I violated the law by assuming a US citizen's identity but, I did it once and the new IIRA Clinton signed was effective on dec 29 1996. Can I get a way out of this? My i130 is approved, came with tourist visa to US, no criminal record

Attorney answers (5)

  1. Jeffrey Adam Devore

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The effective date for IIRIRA was September 30, 1996, not December 29, 1996 as you state. Based upon your facts you made a false claim to U.S. citizenship after the effective date and such a claim makes you permanently inadmissible.

    It does appear, however, that you have been in the United States in excess of 10 years and may have a qualifying relative for purposes of applying for cancellation of removal. The false claim issue does not prevent this application for being granted by an Immigration Judge.

    Consult with an experienced immigration attorney who can review the facts of your case, advise you as to the options available, and how best to proceed.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for... more
  2. Robert Louis Brown

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . There are few exceptions. You may fall within one of the few exceptions. However, you do not provide enough information to make a determination.You should have a consultation with an immigration attorney to review your matter.

    321.208.7324
    immigration@rbrownllc.com
    www.brownimmigrationFL.com

  3. F. J. Capriotti III

    Contributor Level 20

    2

    Lawyers agree

    Answered . Mr. Brown is correct, this is super serious ... meet with attorney ... you might have a LIFETIME BAR from the US.

    PS I see the significance you are placing on the dates .. something to discuss with the attorney.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  4. Mark Robert Barr

    Contributor Level 16

    2

    Lawyers agree

    Answered . The relevant cut-off date is September 30, 1996. You made your false claim to U.S. citizenship to obtain a benefit under state law after September 30, 1996. Therefore, you are permanently inadmissible to the U.S.

    You may have other arguments against the application of this lifetime, unwaivable bar to admission, but the date issue is off the table.

  5. Karen-Lee Pollak

    Contributor Level 19

    2

    Lawyers agree

    Answered . Your case is a tough one. Consult with an experienced immigration attorney

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