Child Petitioning for Mother - E-verify

gord66

New Member
A friend of mine (Born USC) is petitioning for her mother and she has the following question.
Her case is already at NVC and she is the process of uploading corresponding Civil Documents.

Her mother lived and worked illegally in the US for many years. She left voluntarily 10 years ago and now wants to return through a Family GC.

The mother left when her last employer processed her through E-verify and did not pass. So out of job, she was forced to go back to her home country.
Is this going to be an issue at her Interview? She doesn't know if she claimed to be a citizen.

Thank You
 
Well, the key question is whether she ever claimed to be a US citizen. If she claimed to be a US citizen (after 1996), she has a lifetime ban with no waiver. On the other hand, if she did not claim to be a US citizen, she is probably fine. There is no ban for illegal employment. If she had more than 1 year of unlawful presence she would have triggered a 10-year ban upon leaving, but that would be over now.
 
Would she just have to wait until the interview?
Is there a way for her or her lawyer to find out beforehand?
 
Well, the key question is whether she ever claimed to be a US citizen. If she claimed to be a US citizen (after 1996), she has a lifetime ban with no waiver. On the other hand, if she did not claim to be a US citizen, she is probably fine. There is no ban for illegal employment. If she had more than 1 year of unlawful presence she would have triggered a 10-year ban upon leaving, but that would be over now.
How does the government know if she claimed citizenship? Allegedly it wasn't for any government benefits, only for employment
 
How does the government know if she claimed citizenship? Allegedly it wasn't for any government benefits, only for employment
For example, they can get copies of I-9 that she filled at her employer when she started work.
 
How does the government know if she claimed citizenship? Allegedly it wasn't for any government benefits, only for employment
Employment is covered under the reasons for ineligibility. It is not only immigration benefits that matter, it is any benefit under any state or federal law. See below, and you can also read the section after that about the intent behind claiming; it specifically includes as an example trying to get around prohibitions on unauthorized employment https://www.uscis.gov/policy-manual/volume-8-part-k-chapter-2

A benefit includes but is not limited to:
  • A U.S. passport;[25]
  • Entry into the United States;[26] and
  • Obtaining employment, loans, or any other benefit under federal or state law, if citizenship is a requirement for eligibility.

As pointed out above, if she claimed it for employment it will be on the I9.
 
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