Caution to not hold yourself out as a "U.S. Citizen", two examples of traps!
If one wishes to pursue lawful permanent residence or naturalization, (citizenship), at some point, be careful to not hold yourself out as a citizen or register to vote inadvertently!
Caution to not hold yourself out as a "U.S. Citizen"*, two examples of traps!For those that wish to become citizens one-day, or wish to pursue a "Green Card", please read and take caution to not hold yourself out as a "U.S. Citizen", two examples of traps!
Under 8 U.S.C. *1182(a)(6)(C)(ii)(I), an *alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under this chapter (including [8 U.S.C. * 1324a]) or any other Federal or State law is inadmissible".
That means that if you do not have work authorization, or you check the wrong box on the I-9 form, you can jeopardize your future as to acquiring a green card, or for that matter perhaps citizenship.
Thanks to AILA, So. Cal. Chapter for pointing out that under BIA*s decision in Matter of Bett, 26 I. & N. Dec. 437, 440 (BIA 2014), (holding that an alien who represents himself as a citizen on a Form I*9 to secure employment with a private employer has falsely represented himself for a purpose or benefit under the Immigration & Nationality Act)
That means be careful when filling out an I-9 form for employment, do not accidentally mark the wrong box, that can put one in a negative light if it can be used to show intent of "holding oneself out as a U.S. Citizen if and when one goes for status, or citizenship.
Also, those of you in California, who are without status but have acquired a California Motor Vehicle Operator's License. (Driver's License), please note the following: When you acquire the license in California I believe that you will receive in the mail a notice that states you are now REGISTERED TO VOTE!, and that if you are not eligible you should mark the box; "Not entitled" and send back a card to the agency from which the notice was mailed. They will then send you one more notice asking if you are positive that you are not entitled, and you must once more provide that card in the negative, stating that no you are not entitled.
The legislators that created that law and practice had good intentions, but they did not take into consideration the extreme penalty for holding one out as a "citizen" or voting when not entitled.
If you are in doubt, see a good Immigration Lawyer!!
John A Nelson, Esq.
Avoid these pitfalls now so that you may not be denied immigration benefits later.The act of registering to vote, as shown in the above context, even with no intent of voting, or no actual act of voting is enough under the act to keep one from getting the immigration benefit they seek. Make sure in California, that when you receive a driver's license that you do everything asked for to remove yourself from the voter roles. In that way you will preserve your record for the future.