Gun Ownership and False Claim to Citizenship

KaoNguyen

New Member
I have a few questions in regards to issues that might affect someone when they apply for green card via marriage:

1) My father purchased and owned 5 rifles for hunting and target shooting about 10 years ago. When he left my family, he left the rifles and I kept them. I also had a hunting license and so I used them to go hunting and target shooting. I taught myself to shoot, so I can honestly answer that I have never received any "weapons training". However, will the mere fact that I have the rifles and have purchased ammunition/gone target shooting/hunting affect my admissibility when I apply for green card?

2) One of my coworkers was asked to take some classes at a community college about 10 years ago. She graduated California high school so he was AB540-eligible, meaning that even though she was in the country without legal status, she would receive in-state tuition simply by signing a paper stating that she graduated from California high school and would apply for legal residency when possible.
However, when she filled out the application online she clicked on the US Citizen box. Would this be a false claim to citizenship for "any purpose or benefit" since she would have received in-state tuition regardless of her legal status?

3) If someone opened a bank account and a stock trading account (Etrade, Scottrate, etc) about 12 years ago and marked US Citizen on online application, will USCIS find this info when they do a background and security check for green card application? I've been told that they cannot obtain banking information without a court order.

thank you,
Kao
 
Re 2 and 3, is this on the DS260? I know it’s in the N400. In any case no matter where, if you are asked if you have ever falsely claimed to be a US citizen, you have to be truthful and answer yes. You are signing under penalty of perjury and misrepresentation can get your green card revoked if later discovered.
 
Re 2 and 3, is this on the DS260? I know it’s in the N400. In any case no matter where, if you are asked if you have ever falsely claimed to be a US citizen, you have to be truthful and answer yes. You are signing under penalty of perjury and misrepresentation can get your green card revoked if later discovered.

I'm not sure if those are questions specific to the DS260. I believe the false claim to citizenship question is more or less universal to many immigration benefits. I also understand that lying on an application is illegal, etc. - so that is not my question.

My question is more in the line of, has anyone encountered a situation or known of a situation where as part of the background check for an immigration benefit, say an I-485, the results included information about the applicant's college record and or banking/stock trading account records? My understanding is that such information is private and not available without a court order.
 
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My question is more in the line of, has anyone encountered a situation or known of a situation where as part of the background check for an immigration benefit, say an I-485, the results included information about the applicant's college record and or banking/stock trading account records? My understanding is that such information is private and not available without a court order.
Your question sounds suspiciously like you are wondering if you can get away with providing false information.
 
Lol
Point one - someone lied at college about being usc
Point two - someone lied at the bank about being usc
Then... question as to whether lies at college or bank might come up at background check! What other conclusion would you draw?
 
@KaoNguyen
Instead of being speculative how to respond this or that way I suggest honestly respond to questions if it pertains to your situation or circumstances.
Are these questions part of some curriculum/coursework ?
 
@KaoNguyen
Instead of being speculative how to respond this or that way I suggest honestly respond to questions if it pertains to your situation or circumstances.
Are these questions part of some curriculum/coursework ?

Fair enough. These are pending questions we've received at an immigration workshop at a local Asian-American center. I work (not as an attorney) as a volunteer and none of our volunteer attorneys have come up with a definitive answer.

The best we've come up with are:
1) Mere possession of a gun without a conviction does not lead to inadmissibility as it does not constitute a CIMT.
2) It is not a "false claim to citizenship" as the claim was not material to the benefit. If DACA student would receive in-state tuition, then claiming to be a US Citizen would not matter. However, we are not sure about the "purpose". Would being lazy and not wanting to walk a piece of paper over to wherever they pay the tuition constitute a "purpose". USCIS could argue that the student lied with the "purpose" of being lazy.
3) Similar to the case above, one does not need to be a citizen to open a bank account. Even unlawful aliens with an ITIN could open one. So one could argue that the claim is not material to the benefit. However, USCIS could argue it was done, again, with the "purpose" of avoiding additional paperwork.

While we believe educational and banking information is off limits to USCIS background checks, who knows what is going on under the current administration.

Thanks.
 
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