False USC Claim on Community College Application

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gerry0279

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Hi All,

I am a permanent resident through derivative asylee (mom). During the asylee period, my mom got selected for the Green Card lottery and took the card. She is now a USC since mid of last year.

I have met the 5 years requirement to apply for naturalization and have no concerns other than that I might have claimed US citizen on my junior college app (I cannot remember). My college application was prior to my asylum approval and I graduated college prior to receiving my green card.

Any advise on whether I should proceed with naturalization application? Anyone know of similar cases? I have searched and could not find similar situation to mine.

I will be consulting an attorney, but very curious about the possible outcome.

Also, does anyone know of any good attorney in the los angeles, ca area?
 
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Normally when you go to college here in the US you have to prove your status in the country unless you put that you are a US citizen. I would not apply for naturalization, because you will be asked that question and you will have to answer it honestly. Claiming to be a US citizen is a felony and a deportable offense with possible lifetime ban. I would contact a good immigration attorney and see what he/she has to say. Good luck
 
What happened to the lady here who posted she told her neightbor she was a citizen and she disclosed it on N400? We don't see her updates.
 
gerry0279 said:
I have met the 5 years requirement to apply for naturalization and have no concerns other than that I might have claimed US citizen on my junior college app (I cannot remember). My college application was prior to my asylum approval and I graduated college prior to receiving my green card.
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What do you mean you cannot remmeber? If you can not remmeber, maybe you have not done so -- or claiming to be a USC is the only way you can attedn a college if you do not apply for F-1 visa staus?
Maybe you only claimed to be a PR?
 
Dude,

Don't worry about it because you were young, college hungry and didn't know better. Just ignore the question and move forward, the IO might forget about it...lol!!!
 
hmm, I doubt USCIS sees it that casual, Al. I sympathize with your statement but that does not make gerry's situation less serious. Not knowing is no legal defense...
Al Southner said:
Don't worry about it because you were young, college hungry and didn't know better. Just ignore the question and move forward, the IO might forget about it...lol!!!
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@gerry0279: For your own peace of mind, I'd try to contact your college and see if you still can get a hold of your registration. If copies are no longer available and you still assume you might have claimed USC, do consult with a immigration lawyer before you apply. Last thing you want is to lie on your N400 or interview.
 
DavidSEA said:
@gerry0279: For your own peace of mind, I'd try to contact your college and see if you still can get a hold of your registration. If copies are no longer available and you still assume you might have claimed USC, do consult with a immigration lawyer before you apply. Last thing you want is to lie on your N400 or interview.
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I'll say if one can not get hold of copy of application and is not sure what he claim, he is better off assuming he did not. Unless the immigration
law require he to apply for a F-1 visa and he clearly remmeber he never had a F-1 visa at that time so he must have claimed to be a USC or a PR.

N-400 does not ask if an applicant ever claimed to be a PR when he was not. Of course, there is "catch whatever else " question on the N400
"Have you ever commited a crime of offense for which you were not arrested". USCIS can use that question to claim ALMOST every applicant
lied under oath when necessary. For one thing, taking a pen from work to home is an offense
 
Vorpal said:
Truthfully, I did! However, WBH did a good job of reminding me. I would really like to know what became of her case, though.
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In that thread someone said something like "If her case is denied, I myself will lose confidence in the justice sysytem". I sort of agree.
Another poster also commented that "I am surprised the IO did not change her answer from Yes to No". But litereally that question is "Have
you EVER claimed to be a U.S. citizen (in wriiting or any other way)?".

Maybe even the IO who interviewed her complained in his mind that "why the hell did you answer Yes? But since you answered Yes, I really
can not ignore it".

Whatever became of her case we perhap will not know. But is anyone like that were really deported, it would perhaps be in the national news.
 
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How can USCIS find out that one clained to be a US citizen on a college application (especially if the application was made more than 5 years ago)?

- On another note. During my interview, the IO asked me if I ever claimed to be a US citizen, I said no, then he asked if I claimed to be a US Citizen to my friends or acquaintances. I said no, but I was surprised that he asked me about claiming it to friends as well.
 
guju said:
- On another note. During my interview, the IO asked me if I ever claimed to be a US citizen, I said no, then he asked if I claimed to be a US Citizen to my friends or acquaintances. I said no, but I was surprised that he asked me about claiming it to friends as well.
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Maybe this IO is the same IO who interviewed that lady we talked about. Sooner or later some IOs, agter asking "have you ever commited a crime or offense for which you were not arrested?" will really ask the applicants
"Have you ever taken a pencil from yoru employer to home?"
 
WBH said:
In that thread someone said something like "If her case is denied, I myself will lose confidence in the justice sysytem". I sort of agree.
Another poster also commented that "I am surprised the IO did not change her answer from Yes to No". But litereally that question is "Have
you EVER claimed to be a U.S. citizen (in wriiting or any other way)?".

Maybe even the IO who interviewed her complained in his mind that "why the hell did you answer Yes? But since you answered Yes, I really
can not ignore it".

Whatever became of her case we perhap will not know. But is anyone like that were really deported, it would perhaps be in the national news.
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Even if her application was denied, the OP didn't really gain anything by claiming to be a USC. She may just prevail on appeal, should it become necessary to file one. On a side note, I personally know a few LPRs who, to avoid unnecessary questions, claimed to be USCs in casual conversations.

I wouldn't be surprised if the IO thought "why the hell did you answer yes". I remember reading an old interview experience post, where the applicant disclosed minor traffic tickets. The IO's reaction was "why did you do that? you didn't have to disclose minor traffic tickets, but now that you did, I have to ask you for proof of payment". I guess the situation is somewhat similar. Except, how exactly does one go about proving that s/he did or did not claim to be a USC in a friendly conversation?

Oh yeah, let's not forget that a person can get arrested for saying that they will kill the President, even if it's a complete joke. Perhaps the same underlying principle can be applied to claiming to be a USC, regardless of how light-hearted the claim is?
 
Vorpal said:
Even if her application was denied, the OP didn't really gain anything by claiming to be a USC. She may just prevail on appeal, should it become necessary to file one. On a side note, I personally know a few LPRs who, to avoid unnecessary questions, claimed to be USCs in casual conversations.

I wouldn't be surprised if the IO thought "why the hell did you answer yes".
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Now guju reported during his interview the IO did ask him whether he ever told his freinds or aquantances that he was
a US citizen. What if one said he played a part of US citizen in a drama?
 
guju said:
How can USCIS find out that one clained to be a US citizen on a college application (especially if the application was made more than 5 years ago)?
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Easy. Just contact the officials at the college, using the authority of ICE/USCIS to demand the records.

But in the absence of specific allegations, they are not going to do that. USCIS does not have the time to speculatively chase after every school, bank, and employer that you were involved with in order to find out if you claimed to be a USC there. Unless you were arrested for something (including something you didn't do) and they're digging up your past to find a reason to deport you because they think the prison sentence would be insufficient if you're convicted or the evidence for a conviction is insufficient.
 
WBH said:
Now guju reported during his interview the IO did ask him whether he ever told his freinds or aquantances that he was
a US citizen. What if one said he played a part of US citizen in a drama?
Click to expand...
That wouldn't be him claiming to be a USC, it would be his character claiming to be a USC. As brainless as they are, even USCIS knows the difference.
 
Jackolantern said:
But in the absence of specific allegations, they are not going to do that.
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What I am worried is that if attending college requires a F-1 visa but he never got one. It is good that N400 does not ask school/employment history way back before GC. And the OP does not need to disclose it. Otherwise the IO see you attend a American college before the GC
and see no record of F-1 being filed or issued in his A-file, the IO may investigate. The IO may ask teh OP :"How come you can attend a American college without proper visa?", whether the OP claim to be a USC or not, attending American college without proer visa or immigration status is an offense

The IO may not be that picky because we read in thsi form someone was charged with selling cigaratte to minors on F-1 and disclosed it.
and the IO did not ask "How come you can work in a grocery store if you are on F-1? I do not see we ever issued work authorization
for you to work in that period". But there is no guarantee another IO or same IO at another time will pursue such trivial details.

For people on AOS pending, do they need a visa status to attend colleges or I485 receipts or EAD can be used to attend college? Hope that
is teh case for the OP then he will be OK
 
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You don't have to gain anything by claiming US citizenship, it is just the mere thought that you did claim US citizenship when you were NOT. The law is simple, claiming US citizenship is prohibited, unless you caught Osama eating pizza with shirken fingers. I don't think the OP should disclose this, because how are they going to find out? I don't think there's a database of student delianating US and non-US people. I am a fan of full disclosure, but he can get away with a dead hooker in his closet on this one...
 
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