I'm very worried ! should I really ??

[EinMart]

Hello

I came to the US when I was 12 and got married 2 months ago. I have everything to file but I have a few questions. When I graduated from High School I started my first job with ITIN number I got from my father income tax but I changed the first number also I put in the job application I was a U.S citizen because otherwise they would have ask me for a Green Card in order to work. I was looking online whether or not I should put the fake number on question #9 in I-765 and many people say its not necessary since its not a valid SSN and others say its necessary because there have been cases where it was used to deny an application. Also I read that if you lied about being an US citizen in any document they can be deny AOS. That being said it means they have access to the application I summit for work ?

Thanks


INFO
- Came with a VISA type R-R2
- Overstayed
- Married to US Citizen

 

[ananga73]

How have you been filing taxes all this while? With which number and what name?

 

[EinMart]

Thanks for your reply ananga73 and I got the paper on the mail to file my taxes but I was scared to do it and i wasnt gonna get much back so I decided not to do it.

 

[ananga73]

Thanks for your reply ananga73 and I got the paper on the mail to file my taxes but I was scared to do it and i wasnt gonna get much back so I decided not to do it.

Falsely claiming to be a U.S. citizen is grounds for denial of any petition for naturalization (citizenship). There is no current waiver under the law for a knowingly made false claim. The problem arises whether the person claiming to be a U.S. citizen knew that s/he was making a false claim. Congress created one way to determine this, when it passed the Child Citizenship Protection Act in 2001.

The question is did you KNOWINGLY make a false claim? You were a child when you came so I am sure you did not knowingly make a false claim

I would suggest you do not lie to USCIS because they can find the I-9 form. Find a competent lawyer. I think you should be fine.

 

[EinMart]

Falsely claiming to be a U.S. citizen is grounds for denial of any petition for naturalization (citizenship). There is no current waiver under the law for a knowingly made false claim. The problem arises whether the person claiming to be a U.S. citizen knew that s/he was making a false claim. Congress created one way to determine this, when it passed the Child Citizenship Protection Act in 2001.

The question is did you KNOWINGLY make a false claim? You were a child when you came [hint hint] so I am sure you did not knowingly make a false claim hint hint

I would suggest you do not lie to USCIS because they can find the I-9 form. Find a competent lawyer. I think you should be fine.

When I applied for that job last september and I was 18 which I turned the month before. I knew I wasn't citizen but I did maybe cuz I thought they were not going to ask me for more information since all I had was that fake number and an state ID I have from when I was legal in the country. If I knew that doing that was going to affect my immigration process i would have never done it.

 

[ananga73]

When I applied for that job last september and I was 18 which I turned the month before. I knew I wasn't citizen but I did maybe cuz I thought they were not going to ask me for more information since all I had was that fake number and an state ID I have from when I was legal in the country.

Be careful coming on this board asserting you KNOWINGLY claimed to be a citizen when you were not. This is a public forum. Do not claim something you do not know too much about. I am sure a good lawyer can argue that you did not KNOWINGLY claim to be a citizen so do not shoot yourself in the foot here on a public forum before contacting a layer. Do you get what I am saying?

 

[EinMart]

Yeah I know I just worried :/. I do have a lawyer i got through a Catholic Dioceses Charity and they have lawyers for people with low income I sent him an email asking him for an appointment like a week ago he replied he would contact me but haven't thats why I decided to post here so maybe I could file everything myself.

 

[ananga73]

Are your parents citizens? You may have some hope. See below

In the case of an alien making a misrepresentation described in subclause (I), if each natural parent of the alien (or, in the case of an adopted alien, each adopted parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be inadmissible under any provision of this subsection based on such representation.

Conclusion

In conclusion, the recent trend of federal cases in the “false USC claim” context is indeed disturbing and raises new challenges for attorneys trying to help clients successfully navigate the complicated immigration system. However, with careful analysis and preparation, defenses and alternative strategies continue to exist that may still help many clients achieve their U.S. immigration objectives.6

 

[EinMart]

No they are not citizen of the US

 

[Manalive]

You came in this country when you were 12 with a visa which means you were inspected at port of entry.

When you marry a USC, immigration laws that you may have broken - like overstaying a visa and working illegally tend to be forgiven.
Question: Do you have any criminal hx?
Go ahead and file for AOS, use a lawyer just to be on the safe side.

 

[EinMart]

You came in this country when you were 12 with a visa which means you were inspected at port of entry.

When you marry a USC, immigration laws that you may have broken - like overstaying a visa and working illegally tend to be forgiven.
Question: Do you have any criminal hx?
Go ahead and file for AOS, use a lawyer just to be on the safe side.

I dont have any criminal record. I will be meeting with lawyer next week thanks Manalive