F-1 to marriage to overstay... Help !!
- Thread starter im_help
- Start date
PraetorianXI
Banned
Section 212(a)(6)(C)(ii) of the Act applies not only to false claims to U.S. citizenship to obtain a benefit under the Act, but also to false claims for any purpose or benefit under any other Federal or State law. Therefore, an alien who made a false claim to U.S. citizenship to obtain any Federal or State benefit on or after September 30, 1996, would be inadmissible under section 212(a)(6)(C)(ii) of the Act. A false claim to U.S. citizenship for a “purpose” under Federal or State law would include, for example, voting.
It is not necessary for the claim to have been made to a U.S. Government official. The statutory language in section 212(a)(6)(C)(ii) of the Act is broad in scope and provides that the false claim may have been made “…for any purpose or benefit under this Act (including section 274A) or any other Federal or State law…” Thus, a false claim of U.S. citizenship can be made to a private individual, as the statutory language includes specific mention of 274A of the Act, and the employment verification procedures described under section 274A of the Act cover both Government and private employers. For example, an alien who makes a false claim of U.S. citizenship to a private employer on Form I-9 (Employment Eligibility Verification) on or after September 30, 1996, is inadmissible under section 212(a)(6)(C)(ii) of the Act.
i got your point but remember form I-9 is a federal form. so basically he made the claim to the federal government.
PraetorianXI
Banned
trialanderror83
Registered Users (C)
IM_Help no matter how many times you ask you are gonna get the same answer from the same people on here."You claimed to be a US Citizen". NO GREEN CARD EVER, BLAH, BLAH! It's not asked at you AOS interview. However, you do have that .01 percent chance it might be asked so, you claimed to be a US National, not US Citizen right? big difference! DENY, DENY, DENY. The minute you say you did do it, you are screwed. Let USCIS prove otherwise.
My lawyer friend has fought this issue for many of his clients at their Citizenship interview, not their AOS interview because it's not asked there. All of his clients have won this "US Citizen Claim". The goverment couldn't prove 100 percent that they didn't really claim to be a US National instead. "US Citizen","US National," are in the same box in older I-9 like the one you filled out 8 yrs ago. I have seen the new I-9's because of this issue for USCIS. I believe the new I-9 has two seperate boxes, one for US Citizen, and one for US national. I guess, because USCIS kept losing this argument in court, they changed it. They even have the "electronic" I-9 now.
The answer to your question is, No your employeer probley doesn't have it, it's gone! If the employeer still has the I-9 it is sitting in a filing cabinet somewhere from the year 2000, and is not a concern for PR status. Since you have been at your employeer so long, (8 years right??) at your Citizenship interview, USCIS probley wouldn't ask there either cause they would figure it's gone already. It's been way over the USCIS 3 yrs requirement. But once again you are not getting Citizenship, you are getting your GC, so forget about it for now. USCIS is more intrested in your marriage life then the I-9.
Don't worry about the "I-9" IM_Help, it's not an issue for you. It's not a question asked in your AOS interview, nor is it a question on the AOS application, look for yourself! http://www.uscis.gov/files/form/i-485.pdf
Also remember IM_HELP, by the time you have your citizenship interview, it will have been about 13-14yrs since you filled out the "Almighty" I-9.....That's a long time. USCIS isn't intrested. Apply for your GC, you will get it!
Below is the requirement for the I-9 retention...
USCIS section 8 CFR 274a.2.
A blank Form I-9 may be reproduced, provided both sides are copied. The Instructions must be available to all employees completing this form. Employers must retain completed Forms I-9 for three (3) years after the date of hire or one (1) year after the date employment ends, whichever is later.
As I said to you in an IM, you are married to a USC, get your I-765, I-130, and your I-485 in ASAP. Disregard the "Claimed To Be A US Citizen" head hunter crew on here!
Good Luck!
Married to US Citizen November 11, 2006.
Re-date for I-485, I-130, I-765, 12-11-06
NOA- I-485, I-130, I-765- 12-14
RFE I-485- 12-26
Biometrics(code 3)- done 01-29-07
RFE Received- 02-07-07
LUD I-765 - 02-23-07
Lud I-765 - 02-27-06 APPROVED!
ND- Interview(Tampa), 02-16-07
Interview Date - 03-20-07
LUD- I-485, I-130, 03-01-07
Interview- 03-20-07-APPROVED!!!
LUD I-130 Approved 03-20-07!!!
LUD I-485 Welcome notice sent, Card production ordered 03-23-07
LUD- Welcome notice received 03-27-07
LUD- I485 Approval notice mailed 03-28-07!!!
03-30-07 GC received!
106 days in all.
Last edited by a moderator:
austriacus
Registered Users (C)
trialanderror83, the I-9 still has the same checkbox for "citizen" and "national." Apparently there was a proposal to change this, but in the final version of the form, the same format for this question was retained.
trialanderror83
Registered Users (C)
I have seen the new version, it does have two boxes. Let me find it.
http://www.uscis.gov/files/form/i-9.pdf
- A citizen or national of the US.
- A lawful permanent resident.
- Alien authorized to work until.
Last edited by a moderator:
trialanderror83
Registered Users (C)
Im_help Read This!
http://www.nilc.org/immsemplymnt/ircaempverif/irca058.htm
This is for the "Claimed To Be A US Citizen Head Hunter Crew" Please Read this about the Texas Service Center Below!
The TSC recognizes the distinction between “citizen and national” of the United States. The TSC will continue to favorably adjudicate otherwise approvable 485 [green card] applications where the alien has checked the referenced “citizen or national” block of the I-9 unless there is other specific evidence of a false claim to US citizen
Also Read Below ..........
"False Claim To US Citizenship On I-9"
IMMIGRANTS & EMPLOYMENT
IRCA Employment Verification and
Antidiscrimination Protections
9TH CIRCUIT VACATES NONCITIZEN’S CRIMINAL CONVICTION FOR FALSE CLAIM TO U.S. CITIZENSHIP ON I-9 FORM
Immigrants' Rights Update, Vol. 18, No. 7, November 8, 2004
The U.S. Court of Appeals for the Ninth Circuit recently vacated the criminal conviction of a worker who had been convicted of falsely claiming to be a U.S. citizen because, in the process of completing an I‑9 employment eligibility verification form, he had checked the box next to the statement, “I attest, under penalty of perjury, that I am . . . [a] citizen or national of the United States.”
Ali Abdulati Karaouni, a Lebanese national who entered the U.S. in 1992 and whose authorization to stay and work here expired in Jan. 1994, had been arrested in Sept. 2002 by an agent of the Immigration and Naturalization Service, who also seized documents belonging to Karaouni and interrogated him. Subsequently, Karaouni was arraigned on charges relating to an I‑9 form he had filled out in July 1998 when he was hired by St. Agnes Medical Center in Fresno, CA, on which he had attested to being a citizen or national of the U.S. The count that Karaouni was tried for and ultimately convicted of was willfully making a false claim to being a U.S. citizen in violation of 18 USC sec. 911. In June 2003, after a two-day trial, the court sentenced him to three months in prison. Because Karaouni had been incarcerated since his arrest, the court credited him for the time he had served, and he was immediately deported to Lebanon.
Karaouni appealed his criminal conviction to the Ninth Circuit, contending that the evidence that had been presented against him was insufficient to support his conviction because no rational juror could find beyond a reasonable doubt that, by checking the box on the I‑9 form, Karaouni had made a claim to be a U.S. citizen, as opposed to a U.S. national.
In its decision, the Ninth Circuit noted that there are three essential elements of a sec. 911 violation. In Karaouni’s case, the government had the burden of proving beyond a reasonable doubt (1) that Karaouni had made a false claim of U.S. citizenship, (2) that his misrepresentation was willful (i.e., voluntary and deliberate), and (3) that it was conveyed to someone with good reason to inquire into his citizenship status. The issue on appeal concerned the first element.
It was undisputed that Karaouni was not a U.S. citizen in July 1998, when he filled out the I‑9 form and checked the attestation box. However, Karaouni pointed out that the statement printed on the I‑9 form next to the box he checked is phrased in the disjunctive and that therefore no rational juror could find beyond a reasonable doubt that he was claiming to be a U.S. citizen and not a U.S. national.
The court found the syntactic structure of the phrase to be critical, because the legal definitions of a U.S. national and a U.S. citizen are distinct. The court also found that the plain language of 18 USC sec. 911 provides only that a false claim to U.S. citizenship is a crime. Therefore, the court concluded that there was insufficient evidence to support Karaouni’s conviction. In doing so, it found that the trial court “violated a basic principle of criminal law by allowing the government to prove that an individual committed the charge offense by showing that he committed either that offense or some other act.” The court reversed Karaouni’s conviction, holding that his answer on the I‑9 form cannot constitute an offense under sec. 911 because Karaouni merely attested that he was a U.S. citizen or a U.S. national, and a claim to U.S. nationality, even if false, does not violate sec. 911.
U.S. v. Karaouni, 379 F.3d 1139 (9th Cir. 2004).
http://www.nilc.org/immsemplymnt/ircaempverif/irca058.htm
This is for the "Claimed To Be A US Citizen Head Hunter Crew" Please Read this about the Texas Service Center Below!
The TSC recognizes the distinction between “citizen and national” of the United States. The TSC will continue to favorably adjudicate otherwise approvable 485 [green card] applications where the alien has checked the referenced “citizen or national” block of the I-9 unless there is other specific evidence of a false claim to US citizen
Also Read Below ..........
"False Claim To US Citizenship On I-9"
IMMIGRANTS & EMPLOYMENT
IRCA Employment Verification and
Antidiscrimination Protections
9TH CIRCUIT VACATES NONCITIZEN’S CRIMINAL CONVICTION FOR FALSE CLAIM TO U.S. CITIZENSHIP ON I-9 FORM
Immigrants' Rights Update, Vol. 18, No. 7, November 8, 2004
The U.S. Court of Appeals for the Ninth Circuit recently vacated the criminal conviction of a worker who had been convicted of falsely claiming to be a U.S. citizen because, in the process of completing an I‑9 employment eligibility verification form, he had checked the box next to the statement, “I attest, under penalty of perjury, that I am . . . [a] citizen or national of the United States.”
Ali Abdulati Karaouni, a Lebanese national who entered the U.S. in 1992 and whose authorization to stay and work here expired in Jan. 1994, had been arrested in Sept. 2002 by an agent of the Immigration and Naturalization Service, who also seized documents belonging to Karaouni and interrogated him. Subsequently, Karaouni was arraigned on charges relating to an I‑9 form he had filled out in July 1998 when he was hired by St. Agnes Medical Center in Fresno, CA, on which he had attested to being a citizen or national of the U.S. The count that Karaouni was tried for and ultimately convicted of was willfully making a false claim to being a U.S. citizen in violation of 18 USC sec. 911. In June 2003, after a two-day trial, the court sentenced him to three months in prison. Because Karaouni had been incarcerated since his arrest, the court credited him for the time he had served, and he was immediately deported to Lebanon.
Karaouni appealed his criminal conviction to the Ninth Circuit, contending that the evidence that had been presented against him was insufficient to support his conviction because no rational juror could find beyond a reasonable doubt that, by checking the box on the I‑9 form, Karaouni had made a claim to be a U.S. citizen, as opposed to a U.S. national.
In its decision, the Ninth Circuit noted that there are three essential elements of a sec. 911 violation. In Karaouni’s case, the government had the burden of proving beyond a reasonable doubt (1) that Karaouni had made a false claim of U.S. citizenship, (2) that his misrepresentation was willful (i.e., voluntary and deliberate), and (3) that it was conveyed to someone with good reason to inquire into his citizenship status. The issue on appeal concerned the first element.
It was undisputed that Karaouni was not a U.S. citizen in July 1998, when he filled out the I‑9 form and checked the attestation box. However, Karaouni pointed out that the statement printed on the I‑9 form next to the box he checked is phrased in the disjunctive and that therefore no rational juror could find beyond a reasonable doubt that he was claiming to be a U.S. citizen and not a U.S. national.
The court found the syntactic structure of the phrase to be critical, because the legal definitions of a U.S. national and a U.S. citizen are distinct. The court also found that the plain language of 18 USC sec. 911 provides only that a false claim to U.S. citizenship is a crime. Therefore, the court concluded that there was insufficient evidence to support Karaouni’s conviction. In doing so, it found that the trial court “violated a basic principle of criminal law by allowing the government to prove that an individual committed the charge offense by showing that he committed either that offense or some other act.” The court reversed Karaouni’s conviction, holding that his answer on the I‑9 form cannot constitute an offense under sec. 911 because Karaouni merely attested that he was a U.S. citizen or a U.S. national, and a claim to U.S. nationality, even if false, does not violate sec. 911.
U.S. v. Karaouni, 379 F.3d 1139 (9th Cir. 2004).
Last edited by a moderator:
trialanderror83
Registered Users (C)
IM_HELP IM me if you need any info.
Married to US Citizen November 11, 2006.
Re-date for I-485, I-130, I-765, 12-11-06
NOA- I-485, I-130, I-765- 12-14
RFE I-485- 12-26
Biometrics(code 3)- done 01-29-07
RFE Received- 02-07-07
LUD I-765 - 02-23-07
Lud I-765 - 02-27-06 APPROVED!
ND- Interview(Tampa), 02-16-07
Interview Date - 03-20-07
LUD- I-485, I-130, 03-01-07
Interview- 03-20-07-APPROVED!!!
LUD I-130 Approved 03-20-07!!!
LUD I-485 Welcome notice sent, Card production ordered 03-23-07
LUD- Welcome notice received 03-27-07
LUD- I485 Approval notice mailed 03-28-07!!!
03-30-07 GC received!
106 days in all.
Married to US Citizen November 11, 2006.
Re-date for I-485, I-130, I-765, 12-11-06
NOA- I-485, I-130, I-765- 12-14
RFE I-485- 12-26
Biometrics(code 3)- done 01-29-07
RFE Received- 02-07-07
LUD I-765 - 02-23-07
Lud I-765 - 02-27-06 APPROVED!
ND- Interview(Tampa), 02-16-07
Interview Date - 03-20-07
LUD- I-485, I-130, 03-01-07
Interview- 03-20-07-APPROVED!!!
LUD I-130 Approved 03-20-07!!!
LUD I-485 Welcome notice sent, Card production ordered 03-23-07
LUD- Welcome notice received 03-27-07
LUD- I485 Approval notice mailed 03-28-07!!!
03-30-07 GC received!
106 days in all.
Last edited by a moderator: