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Does a False claim to US citizenship bars you from applying for Asylum?

Orlando, FL |

My Finance has a legitimate reason to fear going back home . She is in custody and has a pending sentence for illegal re - entry . In 2006 she was stopped at the Canadian Border and removed for falsely representing herself as a US citizen . The case was dismissed and she was given a 5 year bar to re - entry . About 11 months ago she came back without inspection ( the bar had expired ) . was arrested in January for working illegal . Now can the 2006 false claim to US citizenship prevent her from applying for Asylum which is her only relief for removal . She has been victim of Female Genital Mutilation , she was married by force and escape from a violent ex - husband who has been threating her . I want to know if it is worth going that route Thanks

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Attorney answers 4

Posted

No, false claim to US citizenship is not a bar to asylum. It is unclear if she made the false claim to Canadian or US authorities, and whether she applied for asylum in Canada, and whether she is filing within one year of admission or is eligible for any exception. There may be other bars under the facts you gave, so meet with a lawyer.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

Asker

Posted

Thanks! She made the clain at the US border, they arrested her made her see a judge and was sent back at the Canadian border, there she applied for Asylum in Canada ( because she was initially visting Canada on a tourist visa.) She waited 5 years there and was finally denied there, mostly because of the incident in 2006. But does have a legitimate fear to go back home and wish to apply her since it was denied there. Thanks

Stephen D. Berman

Stephen D. Berman

Posted

If she was at immigration court in the US and did not claim fear of persecution, and if she filed and was denied in Canada, there may be trouble. Meet with a lawyer to get all of the information, this is not a simple matter at all.

Posted

Not for asylum no, but for anything else. I agree with my colleague you need to consult an attorney and make sure that you indeed claimed US citizenship for purposes of US imigraiton law.

Posted

I think you are way too fast to go there. I am not sure you really did claim US citizenship. Asylum will be OK, if you have grounds for eligibility.

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Posted

I concur with my colleagues. You would be better served to have a qualified immigration attorney review the facts and make an assessment of the best possible remedies.

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