Got deportation proceeding paper

T

toolman

New Member
Hi,
I filed N-400 last year....and i thought i was doing the right thing by telling the truth about working on F1 visa when i wasn't suppose to (off campus)...therefore i checked the Yes box on the " Have you ever claimed to be a U.S. citizen (in writing or any other way)?" question. The interview was fairly short. The lady told me that i'm not eligible for Citizenship and i will get my final verdict in the mail. Now i'm in deep sh**t
i got the deportation proceeding papers in the mail and I'm going to the lawyer on Wednesday. Has anybody in the similar situation..? What is the likely hood of such cases? Is there any hope for me. My life has been turned upside down coz of this :( :( :(
 
I am very sorry to hear about your situation but unfortunately claiming to be a US citizen when you are not one is considered a very serious offence from an immigration point of view. It can create grounds for not only denial of your N-400 but also (as you found out) revocation of your GC status and deportation. I don't know if a lawyer can do much to help at this point.

A lot of people with similar issues post here before applying and the advice they receive is to forget about citizenship. At least that way they can stay here indefinitely on their GC. Also it is not clear if you worked illegally while you were on F1 and in what kind of form you claimed to be a US citizen (you probably didn't register to vote or actually vote). Consulting a lawyer beforehand may have helped you determine how to answer that question that got you into trouble, but I guess it is too late now. Once you have admitted something I don't know how you could take it back.

In any case do talk to your lawyer and see if there is any way around this situation. Good luck and do keep us posted !

-KM
 
toolman,

Sorry to hear you're in such trouble. Did you claim to be a U.S. citizen or you just worked on the side? These are two different things. First thing is to talk to the lawyer, perhaps something can be done about this. Due to the seriousness of your case I would go the lawyer route and see if the lawyer can build a case that shows you actually didn't claim to be a U.S. citizen, and that what you meant is that you did some work on the side.
 
Really sorry to hear about your predicament and I agree with the suggestions that others have given you about your case. I sincerely hope that its not affecting the lives of other loved ones in your family (your post does not suggest anything). Frankly, I surprised that you checked the box about claiming to be U.S. Citizen without realizing the consequences it carries. Please elaborate what compelled you to check that box, from your post it appears to be the major factor for the denial of N-400 and the origination of the deportation notice.

Moreover, during the interview, what statements did you make about claiming to be a U.S. Citizen before (primary denial cause) and Working off campus on F1 (could be secondary cause for N-400 denial, but cannot imagine for deportation)? Remember, the I/O will have made a record of your statements you made during the interview, so you need to be cognizant about all of them when you take any subsequent actions from now on (have to involve a good lawyer who specializes in such cases).

Your next steps should be to consult at-least three lawyers (who specialize in this area) because each one of them may have different interpretation and predictions about your chances to stay here. The deportation precedings do take time, perhaps creating a back-up plan is also not a bad idea. How about the options of immigrating to Canada (which is quite feasible before any negative outcome of your case) or another country?

Good luck to you, don’t want to give you a false hope…. it is quite a mess when you knowingly claim to be a U.S. Citizen before being one.
 
Sorry Dude.From my personal experience.Since I worked for a International airlines and did tons loads of translations for than Immigration dept.The rule of thump is if you admit to officer working illegally is US.Your are not admissible not matter what you say or do and are deportable.Which was the case for many unfortunately.See INS has access to databases which normal folks dont think is accessible by all Gov agencies.But they can check your criminal ,driving records and much more in secs.But I am not sure if the same rules apply if you claim to be USC.Def consult few layers.:o
 
kagemusha said:
I am very sorry to hear about your situation but unfortunately claiming to be a US citizen when you are not one is considered a very serious offence from an immigration point of view. It can create grounds for not only denial of your N-400 but also (as you found out) revocation of your GC status and deportation. I don't know if a lawyer can do much to help at this point.

A lot of people with similar issues post here before applying and the advice they receive is to forget about citizenship. At least that way they can stay here indefinitely on their GC. Also it is not clear if you worked illegally while you were on F1 and in what kind of form you claimed to be a US citizen (you probably didn't register to vote or actually vote). Consulting a lawyer beforehand may have helped you determine how to answer that question that got you into trouble, but I guess it is too late now. Once you have admitted something I don't know how you could take it back.

In any case do talk to your lawyer and see if there is any way around this situation. Good luck and do keep us posted !

-KM
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I dont remember exact form coz it was so long ago i'm talking about back in '98, but it was where you have to declare whether your a citizen or a permanent resident and enter the A#. I know i should have done my research i was thinking it would be as easy as filling the GC. Hopefully the lawyer has way to fix this..!!!
 
Any body in Dallas would like to recommend any good lawyers specializing in such cases....or any other suggestions would be greatly appreciated.
 
Lawyer Info

Sorry for what u're going thru. Let me give you couple of good lawyers who deal with deportation cases. God forbid if u come to that point where u need to retain a lawyer for yourself, please go ahead and contact the following two attorneys in California :
Banafsheh Akhlaghi (415) 553-7100
Saad Ahmad (510) 713-9847
All the best!
 
Toolman,

Sorry to hear what you're going through. There probably isn't much any of us here can do to help at this point, so hopefully your lawyer can come up with a good strategy.

As an aside, this case does raise questions about the fairness of starting immediate deportation proceeding in the light of the millions of illegals who have false documents and may at one time or other have claimed to be a USC to get work. Will they be permanently deported, or will the proposed new laws allow them to pay a fine, and come back legally, regardless of transgressions such as these? Hmmmm. :rolleyes:

Thank you for sharing. Hopefully your experience may help others in the future.
 
I think a fine or a temporary bar from naturalization should be enough penalty. Deportation is a bit tough. I wish an enlightened congress would come up with an immigration policy that it is not so heartless and punishing. I agree that whatever legalization of undocumented immigrants might come up will have to deal with the fact that many have claimed to be U.S. citizens in order to get work. To make an easy analogy is like there is a big river and the only way to cross to get to the other side to obtain food is a bridge. However, there is a law that says if you cross that bridge to obtain the food you become a criminal. There is no other barrier to cross the bridge, it's just an imaginary barrier that you might not even be aware it exists at all. What would one do under that situation? Think about the future, think about the present?
 
That stinks big time, Toolman. It seems to me that the future of any country rests on it's ability to attract and keep good citizens. Too many politicians and pundits are bent on turning this nation into an insular, monochromatic bunker. Best of luck in fighting this thing.
 
Went to this law firm in dallas
The Law Firm of Tidwell Swaim & Associates, P.C.
The attorney David S. told me that they just won a case involving a guy who claimed to be a US citizen and voted 3 times it took 'em more than a year.
Price tag is pretty hefty also $3000.00 and depending on duration of this case it can end up costing me $14000.00 :)
 
toolman,
Sorry to hear about your case but your meeting with lawyer is a good news. I know it can cost upto 14k, but in grand scheme of life, that is not as big as it seems now. Also this is "upto" not exactly 14k. Your case is not same as that case where person voted so hopefully it will be easier.

Good luck !!!
 
Toolman,

Best of luck! It seems like an uphill battle - see below from N-400 adjudicator manual.

212(a)(6)(C)(ii) Relating to False Claims to U.S. Citizenship.

It applies only to false claims to U.S. citizenship made on or after September 30, 1996


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 exa mple, 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.
 
funny,for some reason i have been having problems trying to post a message...

this is a serious issue and since you are living in dallas,i suggest u talk to these ppl,trust me they are one amongst the best & influential firms in texas...
http://www.quanlaw.com/att_gquan.asp

best of luck to you my friend



toolman said:
Went to this law firm in dallas
The Law Firm of Tidwell Swaim & Associates, P.C.
The attorney David S. told me that they just won a case involving a guy who claimed to be a US citizen and voted 3 times it took 'em more than a year.
Price tag is pretty hefty also $3000.00 and depending on duration of this case it can end up costing me $14000.00 :)
Click to expand...
 
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