AOS denied becos of I-9 form..please help

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eldorado80

Registered Users (C)
for those of you that remember i had posted couple months ago about my interview experience.. f1 student out of status got married, my wife petitioned for me.. we went to the interview and the officer kept obsessing about how i got the job if i ever claimed i was a us citizen i denied and everything...he requested the I9 form of 2007 from my employer and called me for a second interview and confronted me with it..i continued to deny since it says US CITIZEN OR US NATIONAL.I tried to involve a lawyer but he advised to wait for his decision that there is not much we can do untill then...well this morning i got the letter saying that i falsely claimed us citizenship on my 2007 I-9 form and that my application was denied...please is there any hope for me? should i jus save the money i was gonna the pay the lawyer and pack my stuff and go home? i also have a little girl that is 6 months old now....please help a brother.thanks
 
What led to him getting the I-9 form? Did you admit to claiming US citizenship in the interview or on any of the I-485-related paperwork?

There is plenty of hope for you. Your lawyer will have to file a Motion to Reconsider, citing the court case where the court said selecting "US citizen or national" on the I-9 does not necessarily mean a claim to US citizenship was made.
 
Thanks man..During the interview he kept on asking me so many times if i had ever. Claimed to be a us citizen...I said I haven't..he kept on asking me the same question over and over..and I kept saying no.probably 90 per cent of the interview was about that..on the denial letter he wrote that he asked me if I ever claimed us citizenship and I said no..but the evidence on my 2007 I 9 form showed that I checked US. CITIZEN.....that's a lie becos in 2007 the box was not divided yet..
 
Get a lawyer. If you've been researching this forum you will find out defendants have typically won this particular kind of case upon appealing to an Immigration Judge
 
updates

Update on my case: I hired a lawyer and he filed a motion citin court cases and all that...he said we have 50 to 75 per cent of chance to gettin the case reopen...now I am wonderin...has anyone ever went thru a case like mine? I feel like I am alone in this situation
 
eldorado80 said:
Thanks man..During the interview he kept on asking me so many times if i had ever. Claimed to be a us citizen...I said I haven't..he kept on asking me the same question over and over..and I kept saying no.
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This is the challenge - if he repeatedly denied this under oath I would be skeptical of the chances of success.
 
eldorado80 said:
Update on my case: I hired a lawyer and he filed a motion citin court cases and all that...he said we have 50 to 75 per cent of chance to gettin the case reopen...now I am wonderin...has anyone ever went thru a case like mine? I feel like I am alone in this situation
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The court precedents are quite clear ... they can't hold that you claimed to be a US citizen based on the old I-9 where you selected "US citizen or US national". If this motion is unsuccessful, you should easily win the appeal in court (unless there is some other evidence showing that you claimed to be a US citizen, like voter registration).
 
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I would agree if it was merely the case of an I-9. When one gets asked multiple times under oath the balance of probabilities seems to be in favor of deception.
 
TheRealCanadian said:
I would agree if it was merely the case of an I-9. When one gets asked multiple times under oath the balance of probabilities seems to be in favor of deception.
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I don't see how being asked multiple times under oath changes anything. If the OP's position is of claiming to be a US national on the I-9 and not a US citizen, answering NO when asked about claiming to be a US citizen is the correct and consistent way to respond. That's how others in similar situations won their cases ... answer NO, NO, NO all the way to Federal court.
 
another updates on my case

I received a letter this morning telling me that my motion to reopen or reconsider was denied....whats frustrates me is that they saying that on the I-9 form i completed in 2007 there was 4 blocks...1/ us citizen..2/ us national..3/ permanent resident/ and 4/ alien allowed to work.....and that i checked the first one which clearly says us citizen....my lawyer even included a blank form of I-9 for 2007 but they still still insisting that in 2007 they were 4 blocks on I-9...the officer even showed me the I-9 i completed in 2007 during my interview and they were no 4 blocks.they didn't separate the citizen and national box until 2009....i am loosing hope guys...it jus seems like a loosing battle for me...
 
Now you'll have to appeal to the next level, with your lawyer re-emphasizing the fact that the I-9 at the time had "US citizen or national", and the relevant court precedents.

You and your lawyer also should try to obtain a copy of the I-9 they said you filled out, either from USCIS or your former employer.
 
Thank u brother?Do you think I still stand a chance? Becos clearly they jus tryin to pin that false claim on me no matter what...
 
Hello, Does any one has an furthure update on this case what happend to eldorado80 ? PLZ HELP I AM IN THE SAME BOAT THANK YOU !!!
 
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