My wife got deported when trying to cross into the United States back in 2001. She falsely claimed that she was an American Citizen. We been told, by several lawyers, that this type of offence is consider a felony and my wife will never be legally permitted to cross into the United States for life or until the law changes.
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Falsely claim of citizenship
- Thread starter hac_33
- Start date
dafortycal
Registered Users (C)
It does carry a lifetime bar, you will need to see if there is a waiver.
I would like to mention that I am a US Citizen, and we got married at the bridge with a Texas Judge. I don’t know if this helps.
How would I know if a waiver will be an option?
On the form that she signed when she was deported mentions this
“You have been found to be inadmissible to the United States under the provisions of section 212(a) of the Immigration and Nationality Act (Act) or deportable under the provisions of section 237 of the Act as a Visa Waiver Pilot Program violator. In accordance with the provisions of 212(a)(9) of the Act, you are prohibited from entering, attempting ot enter, or being in the United States:
For a period of 5 years from the date of your departure from the United States as a consequence of your having been found inadmissible as an arriving alien in proceedings under section 235(b)(I) or 240 of the Act.
After your deportation or removal has been effected, if you desire to reenter the United States within the period during which you are barred, you must request and obtain permission from the Attorney General to reapply for admission into the United States. You must obtain such permission prior to commencing your travel to the United States. Application forms for requesting such permission may be obtained by contacting any United States Consulate or office or the United States Immigration and Naturalization Service.”
How would I know if a waiver will be an option?
On the form that she signed when she was deported mentions this
“You have been found to be inadmissible to the United States under the provisions of section 212(a) of the Immigration and Nationality Act (Act) or deportable under the provisions of section 237 of the Act as a Visa Waiver Pilot Program violator. In accordance with the provisions of 212(a)(9) of the Act, you are prohibited from entering, attempting ot enter, or being in the United States:
For a period of 5 years from the date of your departure from the United States as a consequence of your having been found inadmissible as an arriving alien in proceedings under section 235(b)(I) or 240 of the Act.
After your deportation or removal has been effected, if you desire to reenter the United States within the period during which you are barred, you must request and obtain permission from the Attorney General to reapply for admission into the United States. You must obtain such permission prior to commencing your travel to the United States. Application forms for requesting such permission may be obtained by contacting any United States Consulate or office or the United States Immigration and Naturalization Service.”
cafeconleche
Registered Users (C)
That says that she's barred for 5 years, doesn't it? Am I wrong? I would say you can apply using an I130 for her to come and join you now.
If I submit the I130, would we have any problems in the porcess? The reason why I ask is because we had one of our doughter born in the US after my wife was deported?
How can your daughter born in the US after your wife was deported? Did she entered again illegally?
It would appear to me that you guys are really trying very hard to get her banned for life. She could have been banned for life the first time, but she got only 5 years. With this second f-up, you are probably successful it getting it extended life. And you probably lost any chance of a waiver as well.If I submit the I130, would we have any problems in the process? The reason why I ask is because we had one of our daughter born in the US after my wife was deported?
Wd
Thank you for your responses, and yes I have been living on the border for the past five years. I actually cross to Cd. Juarez and El Paso on a daily basis with my daughters. Unfortunately, in 2008, we had 1,600 + murders in Cd. Juarez. I was just hopping to see if we have any chance to get a waiver and get an opportunity to have a normal life. In my personal point of view, I believe this law needs to be revised and maybe individual that falsely claimed to be a U.S. citizen should get a punishment for five, ten years but not for life especially now that not even us (U.S. citizens) can cross the borders with out a passport.
Does anybody know what needs to be done to try to get this law to change?
As mention on Section 212 of the Immigration and Nationality Act
Link is http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb816838a4
“(ii) 9/ FALSELY CLAIMING CITIZENSHIP-
(I) IN GENERAL- Any alien who falsely represents, or has falsely represented, himself of herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any other Federal or State law is inadmissible.
(II) EXCEPTION- In the case of an alien making a representation described in subclause (I), if each natural parent of the alien (or, in the case of an adopted alien, each adoptive 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 reasonable 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.” (USCIS, January 23, 2009)
Does anybody know what needs to be done to try to get this law to change?
As mention on Section 212 of the Immigration and Nationality Act
Link is http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb816838a4
“(ii) 9/ FALSELY CLAIMING CITIZENSHIP-
(I) IN GENERAL- Any alien who falsely represents, or has falsely represented, himself of herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any other Federal or State law is inadmissible.
(II) EXCEPTION- In the case of an alien making a representation described in subclause (I), if each natural parent of the alien (or, in the case of an adopted alien, each adoptive 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 reasonable 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.” (USCIS, January 23, 2009)
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TheRealCanadian
Volunteer Moderator
Does anybody know what needs to be done to try to get this law to change?
Lobby Congress. I wouldn't hold my breath, however.
izen should get a punishment for five, ten years but not for life especially now that not even us (U.S. citizens) can cross the borders with out a passport.
And whats wrong with traveling with passport? All countries do that. Plus...dont break laws and there will be no headache later.
TheRealCanadian
Volunteer Moderator
Does anybody knows if a normal VISA could be an option?
She's inadmissible. There is no visa that can get her in.
There rationale behind the harsh punishment for falsely claiming citizenship seems to be that the US doesn't really enforces or wants to enforce or the populous wants them to enforce identification laws. When you enroll into University, in most states you don't have to show any identification documents if you claim you are a US citizen. If you admit you are a foreigner, you need a boatload of documents, visas etc. Some guy I went to college with was admitted on a student visa, turned around and enrolled at a different University once he entered the US claiming that he is a US citizen. He studied for 4 years paying in-state tuition and with the talk about legalization last year he in addition almost got a permanent residency out of it. This is exactly the kind of loophole that strict law tries to close. Its not very effective, of course. But yes, its very unlikely that this will ever go away. I am sorry that her past mistakes are such a burden. Maybe you can find an area thats a bit less sketchy. Tijuana seems to be pretty safe and San Diego has many jobs. You could also try emigrating. Australia has very liberal permanent residency laws, so does Canada. If you speak English and have a Masters, you are almost guaranteed permanent residency status for yourself and your wife and all of you can reunite there. Good luck.
nscagony mentioned that "if I speak English and have a Masters, we are almost guaranteed permanent residency status for myself and my wife" As a matter of fact, I do have an MBA (Maters in Business Administration) through University of Phoenix. How could I use this degree towards my favor?
trialanderror83
Registered Users (C)
nscagony mentioned that "if I speak English and have a Masters, we are almost guaranteed permanent residency status for myself and my wife" As a matter of fact, I do have an MBA (Maters in Business Administration) through University of Phoenix. How could I use this degree towards my favor?
Not to get her in the U.S if that is what you mean, No.
cafeconleche
Registered Users (C)
So the ban isn't for 5 years, like it says in the OP? Why would they write that?
dafortycal
Registered Users (C)
That isn't a life time bar, you can obtain a waiver for that removal. It tells you what she has to do, seek permission from the Attorney General. Her right to enter the USA without a tourist visa was taken away from her. She can still get a immigrant visa with a waiver. She might have made a false claim, but she wasn't charged with that. My suggestion, don't bring it up.
BTW.. It is a 5 year ban, if caught again inside the USA, the removal will be reinstated and the ban will become 20 years.
BTW.. It is a 5 year ban, if caught again inside the USA, the removal will be reinstated and the ban will become 20 years.
I would like to mention that I am a US Citizen, and we got married at the bridge with a Texas Judge. I don’t know if this helps.
How would I know if a waiver will be an option?
On the form that she signed when she was deported mentions this
“You have been found to be inadmissible to the United States under the provisions of section 212(a) of the Immigration and Nationality Act (Act) or deportable under the provisions of section 237 of the Act as a Visa Waiver Pilot Program violator. In accordance with the provisions of 212(a)(9) of the Act, you are prohibited from entering, attempting ot enter, or being in the United States:
For a period of 5 years from the date of your departure from the United States as a consequence of your having been found inadmissible as an arriving alien in proceedings under section 235(b)(I) or 240 of the Act.
After your deportation or removal has been effected, if you desire to reenter the United States within the period during which you are barred, you must request and obtain permission from the Attorney General to reapply for admission into the United States. You must obtain such permission prior to commencing your travel to the United States. Application forms for requesting such permission may be obtained by contacting any United States Consulate or office or the United States Immigration and Naturalization Service.”
Last edited by a moderator:
dafortycal,
Should I ask for a waiver first or should I request for permission from the Attorney General? Also, which Attorney General do I need to ask permission too?
I also would like to mention that I am prior service from the United States ARMY. I was active for almost five years and completed my eight year contract on the reserves. I left the ARMY with an Honorable discharge as an E-5. Does anybody know if this could be used towards my favor?
Should I ask for a waiver first or should I request for permission from the Attorney General? Also, which Attorney General do I need to ask permission too?
I also would like to mention that I am prior service from the United States ARMY. I was active for almost five years and completed my eight year contract on the reserves. I left the ARMY with an Honorable discharge as an E-5. Does anybody know if this could be used towards my favor?