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Have you ever claimed to be a US citizen?

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  • Have you ever claimed to be a US citizen?

    Hello guys,

    Think this is a great site. so much information. Got a quick question on the N-400. If Are people rejected for checking "no" where it asks them "have you ever claimed to be a US citizen", that is if you claimed you where by accident on a DMV application or job application. Thanks

  • #2
    Originally posted by egrizzly View Post
    Hello guys,

    Think this is a great site. so much information. Got a quick question on the N-400. If Are people rejected for checking "no" where it asks them "have you ever claimed to be a US citizen", that is if you claimed you where by accident on a DMV application or job application. Thanks
    Did you mean to say: for checking "yes"?
    N-400 [Chicago office, via Nebraska Service Cntr]
    Rec'd date: 12/06/2006
    FP notice date: 12/20/2006
    FP taken (Indianapolis): 01/11/2007
    2nd FP notice 09/09/2008
    2ndFP taken (Indianapolis) 09/26/2008
    Interview letter 01/24/2009
    Interview 03/26/2009 (completed)
    Oath letter rec'd 04/29/09
    Oath date 05/14/09 (completed)
    U.S. pssprt applied and rec'd (Chicago pssprt agency) 05/22/2009

    I am not a lawyer. Anything I say here is my personal opinion and should not be viewed as legal advice.

    Comment


    • #3
      ...ok. to follow your angle do one get denied for checking "yes". when the excuses are mistakes when applying for drivers license and job application? Have not been employed in a government/high security job, voted, or granted any citizen benefits.

      Comment


      • #4
        Most people who answered YES because they registered to vote are approved if they deregistered and showed proof of deregistration and not voting, and if the registration occurred more than 5 years ago.

        But I'm not aware of any success stories of people who claimed to be a citizen for employment. That doesn't happen accidentally. Employers don't fill out the I-9 for you and pick the "US citizen" box and hand the paper to you to just sign, like what some DMV clerks do with voter registration.

        EB3 ROW I-485 Approved: July 2007
        USC: July 2013
        I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

        Comment


        • #5
          Originally posted by egrizzly View Post
          ...ok. to follow your angle do one get denied for checking "yes". when the excuses are mistakes when applying for drivers license and job application? Have not been employed in a government/high security job, voted, or granted any citizen benefits.
          Formally, claiming to be a U.S. citizen when you are not one in order to get any government benefit (such as registering to vote) is a serious offense, which makes the alien technically deportable and can lead to N-400 being denied. In practice, experience shows that USCIS officers usually will not deny an N-400 for registering to vote, provided you have not actually voted and have a plausible explanation to the effect that you registered to vote by mistake or without understanding that you were not eligible to do so. However, you still need to disclose the fact that you did register to vote in N-400. Also, you need to contact the local election board at the place where you were registered to vote and ask them to give you a letter confirming two things:
          1)That you never actually voted
          and
          2)That your voter registration has been cancelled and you are no longer registered to vote.

          An IO will not approve the N-400 until and unless you provide such a letter, so you should get it by the time of the interview, at the latest.

          As Jackolantern says, I am not aware of any cases where N-400 was approved if an alien claimed to be a U.S. citizen on an I-9, as a part of an emplyment application.
          Last edited by baikal3; 24th February 2011, 07:28 PM.
          N-400 [Chicago office, via Nebraska Service Cntr]
          Rec'd date: 12/06/2006
          FP notice date: 12/20/2006
          FP taken (Indianapolis): 01/11/2007
          2nd FP notice 09/09/2008
          2ndFP taken (Indianapolis) 09/26/2008
          Interview letter 01/24/2009
          Interview 03/26/2009 (completed)
          Oath letter rec'd 04/29/09
          Oath date 05/14/09 (completed)
          U.S. pssprt applied and rec'd (Chicago pssprt agency) 05/22/2009

          I am not a lawyer. Anything I say here is my personal opinion and should not be viewed as legal advice.

          Comment


          • #6
            ok. what if the person that completed the I-9 is a lawful permanent resident and did not gain any benefits by checking the "citizen" box on the I-9? just throwing that out there.

            Originally posted by baikal3 View Post
            Formally, claiming to be a U.S. citizen when you are not one in order to get any government benefit (such as registering to vote) is a serious offense, which makes the alien technically deportable and can lead to N-400 being denied. In practice, experience shows that USCIS officers usually will not deny an N-400 for registering to vote, provided you have not actually voted and have a plausible explanation to the effect that you registered to vote by mistake or without understanding that you were not eligible to do so. However, you still need to disclose the fact that you did register to vote in N-400. Also, you need to contact the local election board at the place where you were registered to vote and ask them to give you a letter confirming two things:
            1)That you never actually voted
            and
            2)That your voter registration has been cancelled and you are no longer registered to vote.

            An IO will not approve the N-400 until and unless you provide such a letter, so you should get it by the time of the interview, at the latest.

            As Jackolantern says, I am not aware of any cases where N-400 was approved if an alien claimed to be a U.S. citizen on an I-9, as a part of an emplyment application.

            Comment


            • #7
              Originally posted by egrizzly View Post
              ok. what if the person that completed the I-9 is a lawful permanent resident and did not gain any benefits by checking the "citizen" box on the I-9? just throwing that out there.
              Was the mistake promptly corrected, or did they continue to work for a long time without correcting it? Did the job require US citizenship?

              Was it on the older version of the I-9 that had once choice for "US citizen or US national"? The newer forms, starting about 2-3 years ago, now have US national and US citizen as separate choices

              EB3 ROW I-485 Approved: July 2007
              USC: July 2013
              I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

              Comment


              • #8
                2 years ago a lady posted that she once told her neighbor she was a citizen when she got tired of being asked about her immigration status and she indicated so on N400
                and during interview. There has been no follow up so we do not know what eventually happned to her application
                03/25/2009 - N400 sent
                04/28/2009 - FP
                05/15/2009 - IL received but interview was descheduled three times over a 7 month period
                01/07/2010 - The USCIS interview receptionist called by phone for interview appointment next tuesday
                01/12/2010 - Interview (20 min - decision can not be made)
                02/06/2010 - Oath letter received
                02/24/2010 - Oath
                03/04/2010 - Passport application
                03/24/2010 - passport book received
                03/26/2010 - passport card received & certificate returned

                Comment


                • #9
                  Originally posted by egrizzly View Post
                  ok. what if the person that completed the I-9 is a lawful permanent resident and did not gain any benefits by checking the "citizen" box on the I-9? just throwing that out there.
                  Did you actually do this? Or are you asking a hypothetical question?
                  N-400 [Chicago office, via Nebraska Service Cntr]
                  Rec'd date: 12/06/2006
                  FP notice date: 12/20/2006
                  FP taken (Indianapolis): 01/11/2007
                  2nd FP notice 09/09/2008
                  2ndFP taken (Indianapolis) 09/26/2008
                  Interview letter 01/24/2009
                  Interview 03/26/2009 (completed)
                  Oath letter rec'd 04/29/09
                  Oath date 05/14/09 (completed)
                  U.S. pssprt applied and rec'd (Chicago pssprt agency) 05/22/2009

                  I am not a lawyer. Anything I say here is my personal opinion and should not be viewed as legal advice.

                  Comment


                  • #10
                    Originally posted by baikal3 View Post
                    Did you actually do this? Or are you asking a hypothetical question?
                    The topic was brought up in a discussion. figured that I find out. so yeah, hypothetical.

                    Comment


                    • #11
                      Jackl,

                      The job did not require US citizenship. and I'm guessing since she never went to HR it was never corrected.

                      Originally posted by Jackolantern View Post
                      Was the mistake promptly corrected, or did they continue to work for a long time without correcting it? Did the job require US citizenship?

                      Was it on the older version of the I-9 that had once choice for "US citizen or US national"? The newer forms, starting about 2-3 years ago, now have US national and US citizen as separate choices

                      Comment

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