Falsely claimed to be Permanent Resident

Patel75

New Member
In early 2006 I was fishing with some friends when US Coast Guard towed our boat when it began to take in water. When we arrived at the marina they asked everyone for identification card. Since I was in this country unlawful, I only provided ID from my country, and scanned my ID in a portable machine. They left, but came back about 20 minutes later and asked to see my ID again. They asked me my legal status in the United States. I told him i was "Permanent Resident", but did not have green card with me. He called Immigration and i also told immigration I was "Permanent Resident". Immigration officer asked me how I come to US, where I live, age, where I work, go to school, etc. I answered truthfully since I had never committed crimes and had graduated with engineering degree from Stanford University.
She could not find me in the system, so she correctly determined I was in the US unlawfully. However, she said she did not want me detained and was free to go.

My questions are:
1) Since they took no fingerprints, photos, or had me sign any statement - will this event show up when Immigration does background check for I-485 green card application?
2) Is the lie of me saying I am "Permanent Resident" constitute "Fraud and Willful Misrepresentation"? My opinion is no because a) I was not seeking admission or a benefit under INA b) It was not material, since telling Coast Guard or Immigration that you are a "Permanent Resident" does not "tend to shut off a line of inquiry" since they will (and did) ask to see my green card.

Thanks,
Patel
 

newacct

Well-Known Member
1. You must answer questions on a form honestly regardless of whether it "shows up"
2. You might be right that the ban doesn't apply because you were not seeking a "benefit"; you should ask your lawyer about this. I would say that your argument that it does not tend to shut off a line of inquiry doesn't hold up, as it can reasonably shut off a line of inquiry, if, for example, the officer just decides to believe you that you're a permanent resident. Just because your attempt to shut off the line of inquiry didn't work in your case doesn't change it, because having "sought to acquire" the benefit also counts, even if you didn't actually acquire the benefit.
 
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