Possible. But I doubt misrepresenting information on those applications constitutes false claim to US citizenship in terms of immigration consequences. Basically, because federal government does not regulate bank accounts and mortgages. The fees depend on the state, not on federal government. Employment, on the contrary, is regulated federally. But he did not claim US citizenship there.
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False claim to U.S citizenship
- Thread starter ymadra
- Start date
First of all, the poster's question is ridiculous. If he is really worried he should go to any law school library and research it and then go see an attorney if he's still worried. Secondly, "for any purpose or benefit" under the law has to mean that you are trying to secure some benefit (admittedly, I don't know what purpose means in this context) which a law prevents you from getting b/c of your status as a non-US citizen. So if some bum asks you on the street or at the water cooler it's one thing. Similarly, if a bank is just collecting data and asks you for information collection purposes that seems - perhaps immoral but - not illegal. As far as I know there is no limitation on getting a mortgage and a house in the US even if you're not a US citizen or resident - it's your money. On the other hand, if you can't get a job (b/c under the law you're not allowed to work here) and so you lie to your employer, that obviously is different. And lying to a govt agency about this is obviously at a different level. It's impossible to help you without knowing specifically what you are worried about - and that level of discussion is something you should have with your attorney if you are really concerned about it.
Washburn27
Registered Users (C)
ymadra,
I agree with Huracan. You should be ok.
whether he deserves to be OK is another question...
He actually lied and pretended he was a USC in order to get benefits...that's pretty bad. then he lied again on the N400 and said he didn't make such claims!
AND he's gonna lie further during the IV now...
some nerve he's got there!
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Possible. But I doubt misrepresenting information on those applications constitutes false claim to US citizenship in terms of immigration consequences. Basically, because federal government does not regulate bank accounts and mortgages. The fees depend on the state, not on federal government. Employment, on the contrary, is regulated federally. But he did not claim US citizenship there.
I tend to agree. Please read this:
http://www.immigrationlinks.com/news/news1113.htm
Or for those who are lazy, here is the summary:
"Misrepresentations made to an employer in completing a Form I-9 are not statements made to a United States government official authorized to grant visas or other benefits under the Act and therefore cannot form the basis for the exclusion of an alien under section 212(a)(19) of the Act. The same holds true for presentation of counterfeit documents."
...
"These actions, however, do render an alien subject to criminal persecution. Also, the Immigration Act of 1990, Pub. L. No.101-649, 104 Stat. 4978, provides for assessment of civil administrative penalties against persons or entities who fraudulently complete forms I -9 or who present or accept fraudulent documents in conjunction with Forms I-9. Beginning June 1,1991, an alien subject to a final order assessing such a penalty is ineligible for adjustment of status and subject to exclusion."
An alien who knowingly competes Form I -9 falsely, or who offers fraudulent documents as proof of identify, employment authorization, or both, is subject to criminal and civil penalties. An alien who is convicted under 18 U.S.C. 1546 is also amenable to deportation. Beginning June 1,1991, an alien subject to a final order imposing civil penalties under section 274C of the Act is ineligible for adjustment and subject to exclusion. Thus, although an alien does not become excludable under INA section 212(a)(19) by falsifying a Form I-9, the law does provide suitable sanctions which the Service may seek to impose for this conduct.
Ehhh... that's from 1991. The statute was changed as per Bobsmyth's link in 1998 to explicitly pick up private persons.
We do not know when OP made his/her claim.
Here is more:
http://www.americanlaw.com/q&a144.html
"According to INA §212(a)(6)(C)(ii), any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under the INA or any other Federal or State law is inadmissible. If your boyfriend falsely claimed to be a United States citizen or national on Form I-9, he also needs to consider this ground of inadmissibility. In a April 6, 1998 Memo, the former INS stated that answering "yes" to this question would result in inadmissibility under INA §212(a)(6)(C)(ii). However, the subsequent policy at the Service Centers has been that there is a distinction between a national and citizen of the United States and answering "yes" to this question did not necessarily mean that the alien was claiming to be a United States citizen (since he could be claiming to be a national of the United States), unless there was some other evidence that he was falsely claming to be a citizen."
Sure but it would have to have been before 1998 to private persons. Alternatively, it would really have to be a "U.S. national" if you go that way. Was there a box for U.S. national that he checked? I think he should talk to a lawyer instead of getting worked up on this forum. Also, it's a GMC question.
Rama Bashyam
Registered Users (C)
Since he is not a US citizen, I assume if he (she) has to work (s)he would have needed a VISA which will need sponsorship etc. If (s)he was GC holder when (s)he lied, I don't understand why (s)he lied. I guess the employer missed it when they did the sponsored him/her?
From these abstracts I see that a claim to US federal or state official is a violation of INA 212(a)(6)(C). Also, making false claims to US citizenship to secure employment is another prohibited thing, even if was made just to a private employer.9 FAM 40.63 N12 INA 212(A)(6)(C)(II) NOT
RETROACTIVE
(TL:VISA-313; 08-27-2001)
The provisions of INA 212(a)(6)(C)(ii) are not retroactive. It applies only to
aliens who have made false representation on or after September 30, 1996.
An alien who has attempted or achieved entry to the United States before
September 30, 1996, on a false claim of U.S. citizenship is not ineligible
under the terms of INA 212(a)(6)(C)(ii). They are, however, ineligible under
212(a)(6)(C)(i), provided, such claim was made before a U.S. Government
official. This is a significant difference because the waiver provisions of INA
212(a)(6)(C)(iii) apply to aliens ineligible under (6)(C)(i), but not to alien
inadmissible under (6)(C)(ii). [See 9 FAM 40.63 N9.]
9 FAM 40.63 N13 SCOPE OF INA
212(A)(6)(C)(II)
(TL:VISA-313; 08-27-2001)
The provisions of INA 212(a)(6)(C)(ii) expand the scope of the ineligibility
related to false claims to U.S. citizenship. Ineligibility under (6)(C)(ii)
applies not only to an alien who makes false claims to U.S. citizenship in
order to obtain a U.S. passport, entry into the United States, or other
documentation or benefit under the INA (provided such claim was made
before a U.S. Government official), but also applies to an alien who made
false claims to U.S. citizenship for any purpose or benefit under any other
federal or state law. For example, an alien who made a false claim to U.S.
citizenship to obtain welfare benefits or for the purpose of voting in a federal
or state elections would be ineligible under INA 212(a)(6)(C)(ii). [See also 9
FAM 40.104 regarding unlawful voters.]
9 FAM 40.63 N14 FALSE CLAIMS TO U.S.
CITIZENSHIP UNDER INA 274A
(TL:VISA-313; 08-27-2001)
INA 212(a)(6)(C)(ii) also applies for the purposes of INA 274A, which makes
it unlawful to hire an alien who is not authorized to work in the United
States. Thus, an alien who makes false claims to U.S. citizenship to secure
employment in violation of INA 274A would be ineligible under INA
212(a)(6)(C)(ii).
9 FAM 40.63 N15 CITIZENSHIP CLAIMS
MADE TO OTHER THAN U.S. GOVERNMENT
OFFICIALS
(TL:VISA-313; 08-27-2001)
There is nothing in the language of INA 212(a)(6)(C)(ii) that would require
that the false claim to U.S. citizenship be made to a U.S. official
implementing the provisions of the INA. INA 212(a)(6)(C)(ii) specifically
says "under this Act or other Federal or State law". Thus, the language
presupposes that the false claim may have been made to a State or Federal
Government official outside the Department of State or the INS, or even to a
prospective employer to circumvent INA 274A.
I do not see here any prohibition of making false claims to private vendors (like banks) unless that is done for the purpose of activity that is prohibited by law (state or federal) for non-citizens.
Sure but it would have to have been before 1998 to private persons. Alternatively, it would really have to be a "U.S. national" if you go that way. Was there a box for U.S. national that he checked? I think he should talk to a lawyer instead of getting worked up on this forum. Also, it's a GMC question.
I-9 form has a check box "US citizen or national". So yes, the question is whether OP meant to state that s/he is a citizen or not. By no means I try to justify OP's actions, but I am not positive that s/he has to answer "yes" to false citizenship claim question on N-400.
I also think that applying for citizenship with such history is to look for trouble.
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Yes, sure. Because of claim at the bank or mortgage lender, not because of I-9.I am not positive that s/he has to answer "yes" to false citizenship claim question on N-400.
Yeah, might be some delays.I also think that applying for citizenship with such history is to look for trouble.
Yes, sure. Because of claim at the bank or mortgage lender, not because of I-9.
Yeah, might be some delays.
I would be more worroed about the I-9. For the reasons mentioned above, the bank is a private party and he wasn't getting any federal or state benefit from them - maybe he just didn't want the bank to know he was here illegally.
Jackolantern
Registered Users (C)
You must be talking about a different country, because in the USA the Federal Government definitely regulates and monitors bank accounts and mortgages. There is the IRS, FDIC, FHA, and the mountain of Federal banking regulations and money laundering legislation. Maybe they don't collect or care about information on citizenship status, or maybe it doesn't matter to them, but they certainly do regulate banks at the Federal level. And even if the government does not directly store that information, it is easy for the government to find out which bank accounts and/or mortgages you ever had, and to contact the banks to find out whether you claimed to be a US citizen on any of them.Basically, because federal government does not regulate bank accounts and mortgages.
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Think your on thin ice here...
There was another post a while back about someone worrying about their bank tagging them as a USC, which was just done through red tape (lets face it, accidents do happen). To actually make a conscious decision to claim to be a USC (several times), remember doing so and then have the intent to lie about it under oath, knowingly, is just asking for trouble, good luck with that...
You need to consulte a good lawyer and be honest with them and see if there is anything you can do to resolve your situation before applying, which I doubt.
There was another post a while back about someone worrying about their bank tagging them as a USC, which was just done through red tape (lets face it, accidents do happen). To actually make a conscious decision to claim to be a USC (several times), remember doing so and then have the intent to lie about it under oath, knowingly, is just asking for trouble, good luck with that...
You need to consulte a good lawyer and be honest with them and see if there is anything you can do to resolve your situation before applying, which I doubt.
Back in the day, I had made false claims to U.S. citizenship at work and on a couple of other places, but never tried to use someone else's passport or to tried to vote or anything like that. I know I must answer the question on the form in negative because answering it postively will definitely result in denial.
My question is does USCIS check every answer on every application to ensure all questions were answered honestly? If USCIS were to check my background, how would they know if I ever made any such claims? Let me know what you all think.
You must be talking about a different country, because in the USA the Federal Government definitely regulates and monitors bank accounts and mortgages. There is the IRS, FDIC, FHA, and the mountain of Federal banking regulations and money laundering legislation. Maybe they don't collect or care about information on citizenship status, or maybe it doesn't matter to them, but they certainly do regulate banks at the Federal level. And even if the government does not directly store that information, it is easy for the government to find out which bank accounts and/or mortgages you ever had, and to contact the banks to find out whether you claimed to be a US citizen on any of them.
Yes, he's obviously off on that one but it's not clear to me that any of that is relevant to the question. As I said, the dude should see a lawyer.
On I-9 form the claim is not to US citizenship. Even though it is fraud on a federal form, it does not have direct immigration consequencesI would be more worroed about the I-9