citizenship and trouble

[Jackolantern]

If so, it is a gamble anyway. There is no need to consult a lawyer
just to try out luck. The people and the only people one need to
consult are USCIS. If you just want to be copnservative, you don't
need a lawyer. You can just refrain from citizenship application

The lawyer can help with providing a better idea of the level of risk based on the individual's circumstances, and then the individual can make a more informed decision of whether to take that risk.

In maslouj's case, a good lawyer would have advised him that deportation is possible if USCIS decides to pursue that route, but prosecutorial discretion may result in them deciding against deportation, as it is not a mandatory deportable offense. A not-so-good lawyer would have just said don't apply.

 

[acr]

This one belongs to news of the weird people.... I know of a case currently being processed by USCIS in which a two minors were added to their parents GC application and we approved. I don't remember seeing the two boys or their paretns complete a separate I-485. This is NYC.

USCIS makes mistakes all the time. If they cought later and case is sensitive like a DV, good luck to correct them.

 

[acr]

A minor doesn't file for I-485. When did USCIS requires minors to file for 485? I suspect your knowledge of these things is limited, but somehow you are the expert on all of them....

USCIS does it for ages. You might get personal on a stranger on the internet, but try that on an interview.

 

[WBH]

The lawyer can help with providing a better idea of the level of risk based on the individual's circumstances, and then the individual can make a more informed decision of whether to take that risk.

In maslouj's case, a good lawyer would have advised him that deportation is possible if USCIS decides to pursue that route, but prosecutorial discretion may result in them deciding against deportation, as it is not a mandatory deportable offense. A not-so-good lawyer would have just said don't apply.

Maslouj's case may be different in how he listen to lawyers. He did not consult lawyers before he applied. He applied and run into trouble and then went to lawyers. Sinhe he was already in the process I beleive he pretty made up his mind to go thru it whatsoever so he just needed one lawyer to give some positive advice, and perhaps it would not make any difference since USCIS already caught this Had he consulted a lawyer before he applied
and some lawyers indicate deportation possibility, we don't know what he would have done.

In addtion Maslouj's case is also different say from that of the SOuth African.
At least he has a clean history as PR. He resitered to vote and voted before he goit the GC anbd he disclosed it during GC interview and I-485 even did not ask for such thing.

 

[WBH]

It will be a good idea to learn this simple principle: Not all lawyers are created equal.. Do you ever wonder what happened to all those average medical students? All of them became dentist.. So, just like poor and average law students, most of them practice shoddy law and provide incorrect information to their clients or prospective clients... :

The best lawyer are lawyers who think the same way as USCIS thinks.
It does not matter whether they are rigth or wrong as long as they
can predict what USCIS will do.

 

[Razkolnikov]

You father needs to find these files soon, because they hold key component on your application for N400. I am trouble by this issue that when your dad applied, he had your past troubles in mind. As far as I remember, you mentioned only lying to CBP about being a citizen. Do you have additional escapades which you haven't disclosed? If I were you, I wouldn't hope that the records disappeared. Do you ever wonder what happens when people are banned from obtaining a US visa for 10 or even permanent bar? The operative word here is permanent-even if that person try to come back to the US 20 years later, the CBP won't allow them into the country. I can assure you that CBP has a robust system for storing information, your file exist there too.

I know that customs and border protection have a great amount of records. However, there are many people that have acquired citizenship despite previous problems when crossing the border. I am not familiar with those cases. I just happened to hear about them way before I considered applying for citizenship. Consequenlty, you saying that my "file exists there too" comes to me more as an opinion rather than a fact. An opinion that I aprecciate nevertheless. If I am gonna make a bet here, I just want it to be an educated one.

 

[Razkolnikov]

If money is that tight, you probably don't meet the financial requirements to sponsor a spouse for a green card.

Thank you for the commentaries you have made so far.

However, my plans for marriying in the future are not something I need advise on. I just mentioned them because unfortunatelly they are tied to the overall citizenship scheme. Money comes and goes. Right now I am more focused on projects that are not very profitable. I just considered that if I am ever going to obtain citizenship, it would be better to put that out of the way before marriage.

 

[Razkolnikov]

The reason we brought up the question of whether you disclosed this incident when applying for your green card is that if an incident was disclosed to INS/USCIS when applying for a green card, and they granted you the green card anyway, there are restrictions on their ability to deport you for that incident after granting the green card.

I verified and the incident was not brough up when applying for my green card. The reason it was not an issue is because neither the form nor an IO asked about it.

I would like to know what kind of restrictions you are talking about when you say that "there are restrictions on their ability to deport you for that incident after granting the green card." Do you mean they probably can't deport me if I already mentioned this incident during the GC application process?

 

[antonc]

disclaimer: Spend couple of semesters at columbia law school, but this is not a legal advice, though my include a legal jargon.

So, consult a competent (note: Competent) immigration attorney (one registered with a bar), not a drinking bar, but a law bar...

rotflmao

 

[Razkolnikov]

Well, I say do NOT lie on your application. There's a chance that since you were a minor when you lied, CIS will let you go if you haven't had any problems with the law since then. Also, definitely try to talk to a lawyer about it. There are pro bono lawyers, though I don't know who they are. Someone here might. But, they probably do have a record of this incident.

Thank you very much for the suggestion. I was about to go that route but after communicating with some lawyers I learned that they aren't highly experienced in cases like mine. Therefore, their capacity to provide actual help remains a simple probability regardless of their charges. I need to talk to an immigration lawyer that is established in a border city. So far I haven't found a cheap one.

 

[guacho]

Thank you very much for the suggestion. I was about to go that route but after communicating with some lawyers I learned that they aren't highly experienced in cases like mine. Therefore, their capacity to provide actual help remains a simple probability regardless of their charges. I need to talk to an immigration lawyer that is established in a border city. So far I haven't found a cheap one.

I'd say go for it.... just be HONEST.. I really doubt you will be deported, the worse that you could face is your case being denied, be honest and let them know that this was a stupid mistake done when you were a minor... that you are not the same person now, never have been in any trouble after that ( I hope so ) and that you are truly sorry for what you did.

 

[Jackolantern]

I would like to know what kind of restrictions you are talking about when you say that "there are restrictions on their ability to deport you for that incident after granting the green card." Do you mean they probably can't deport me if I already mentioned this incident during the GC application process?

Yes, if they granted your green card anyway after you made them know about the incident, the chances of them being able to deport you are significantly reduced.

However, my guess is that they knew about it anyway because it wasn't that many years between the incident and your green card approval. Which if true, you are unlikely to be deported now unless you lie about it when applying for citizenship and get caught. They probably granted the card because you were a minor who presumably didn't understand the implications of what you were doing.

 

[Jackolantern]

I know that customs and border protection have a great amount of records. However, there are many people that have acquired citizenship despite previous problems when crossing the border.

There is a wide variety of "problems" that people run into at the border. The penalties vary from nothing more than being delayed for questioning before being let into the US, or being refused entry on that day but being allowed to return the next day, all the way up to a permanent bar from entering the US. You can't draw conclusions from other people's border experiences if you don't know the specific details of their situations.

 

[BostonCool]

Oops!!1

Any case the issue will resurface when you try to renew your GC (expire in ten years) and I believe you have to declare it again.

Voting or Claim US citizen are prestigious and hold scared in constitution
so there is no easy way out. Only catch is you were minor at that time

Thank you very much for the suggestion. I was about to go that route but after communicating with some lawyers I learned that they aren't highly experienced in cases like mine. Therefore, their capacity to provide actual help remains a simple probability regardless of their charges. I need to talk to an immigration lawyer that is established in a border city. So far I haven't found a cheap one.

 

[Jackolantern]

Any case the issue will resurface when you try to renew your GC (expire in ten years) and I believe you have to declare it again.

No. For GC renewal they don't ask about claims of US citizenship. And it appears the OP has already renewed his green card once, based on the timelines of the story (the incident was 15 years ago).