LEGAL GUIDE
Written by attorney Oleg Gherasimov | Feb 23, 2016

POTENTIAL ARGUMENTS TO DEFEAT A CHARGE OF FALSE CLAIM TO U.S. CITIZENSHIP

Because there is no waiver available for this permanent bar, the person has to raise a defense, which may include the following:

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It can be tempting to falsely claim U.S. citizenship when there is no other way to find employment or gain entry into the U.S. But this could later cause harm to your green card or immigrant visa application if, for example, you marry a U.S. citizen or find a U.S. employer who is willing to petition for you. If you are already a permanent resident, a false claim to U.S. citizenship can prevent you from establishing good moral character for naturalization and subject you to removal from the United States. False U.S. citizenship claims do not prohibit foreign nationals from applying for certain types of relief, such as a U visa and asylum (which can lead to permanent resident status) and cancellation of removal (which results in permanent resident status). But these forms of relief carry strict eligibility requirements. For example, an Immigration Judge may find that a Cancellation of Removal applicant who makes a false claim lacks the “good moral character” necessary to obtain this relief. If you ever want to become a permanent resident through a family or employment-based petition, your best choice is to avoid making false claims to U.S. citizenship for benefits under immigration law or benefits under federal or state law. The potential defenses are sometimes hard to establish and don’t always work.

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