During my wifes AOS by marriage interview, officer tricked her into falsely confessing to "claiming to be a citizen" in the past. Her I-9 's did not help since her past manger did check that box. Anyway, we have no hope for now. She did work while out of status, but never claimed to be a citizen to get a job. Anyway, just looking if there are others out there? Looking to hear success stories of cancellation of removal after 10 years, u visa, and etc.
False claim
- Thread starter jjpace123
- Start date
Sm1smom
Super Moderator
If your wife’s I-9 has her listed as a USC, she technically speaking has claimed to be a USC in that case, regardless of who ticked the box listing her as a USC. So I’m sorry to say the claim of being tricked into falsely confessing something that’s already on record really holds no waters or makes no sense to me. Anyways, good luck to you guys.
I’m not arguing that point. I’m just asking if people have ever been in this situation before or ever have been able to overcome a problem like this during cancellation or removal or some other way.
I really don’t recall. But her PaperWorks a big mess anyways is really no point of using as it as a resource. Just looking for people who may have been in the same circumstance.
Thanks for replying though. Btw, is there any way to delete posts here?
whitemimauz3
Registered Users (C)
There is a USCIS memo PA-2021-08 dated May 27th 2021 go through it addresses this issue.
Interesting... are they only specifically speaking in terms of voter registration?
whitemimauz3
Registered Users (C)
Yes it talks about unintentional unknowing honest mistake during voter registration.
Your wife's case pertains to false claim of US citizenship in I-9. Had she retracted false claim prior to filing I-485 might have helped.
Your wife's case pertains to false claim of US citizenship in I-9. Had she retracted false claim prior to filing I-485 might have helped.
Also read USCIS Policy Manual, Volume 8, Part K, especially chapter 2.
The false claim on the I-9 was complete when the I-9 was submitted. Admitting that there was a false claim of US citizenship on the I-9 when you file I-485, does not count as a timely retraction of the false claim.
I-9 editions from before 2009 had a single checkbox for US citizen and national, and it is possible to argue that this was a false claim to US nationality and not necessarily a false claim to US citizenship. Even after 2009, it is possible that an old edition of I-9 was used. So it is important to know what exactly the I-9 said.
The false claim on the I-9 was complete when the I-9 was submitted. Admitting that there was a false claim of US citizenship on the I-9 when you file I-485, does not count as a timely retraction of the false claim.
I-9 editions from before 2009 had a single checkbox for US citizen and national, and it is possible to argue that this was a false claim to US nationality and not necessarily a false claim to US citizenship. Even after 2009, it is possible that an old edition of I-9 was used. So it is important to know what exactly the I-9 said.
not condoning fraud or lying to an office but it sounds to me like you either lie to the officer asking if you’ve ever claimed to be a US Citizen or don’t apply at all, because honesty (regardless of the circumstances) will get you in trouble.
Did the officer have access to the I-9s?