I-325 Question & Claiming LPR when you are not on I-9

[jalmatu]

We all know the nightmare of false claim of citizenship on I-9 but as far as I understand false claim of LPR on I-9 is not a big deal. Recently, I read somewhere that judge, in fact, over turned IO denial because the claim on I-9 is not made to government official.

Is this correct or am I just cherry picking the facts?

The other question I have is that I own a Company A for side jobs. At one point, I had overlap in my EAD cards. During that time one company (Company B) hired my company (Company A) to subcontract for Company C.
Now on my resume I write that I worked for Company C. Also last time when I filed g-325, I said I worked for Company C. (My Adjustment application was denied then b/c of overstay, they never questioned about unauthorized employment though. That was through parents. Now I am filing based on marriage).

I talked to one lawyer, he said I should be fine writing either Company A because technically Company A employed me or Company C since I did really work for them.

Company B asked me to fill out I-9, I marked LPR on it. So I sort of don't want to write their name.
I am afraid if I write Company A or C, and if IO ask/investigate, he might see I subcontracted through Company B, look at I-9 and assume that I was trying to hide it. That might complicate my case.

If I write Company B, and IO sees the I-9, at least, now it won't look like I was hiding it. But since on my previous G-325 I wrote Company C, it might make it look like I tried to hide it last time. I didn't even think about it, I just copied it from the resume. After my last experience I am being extra careful.

What do you guys think? I understand lately USCIS is asking for I-9 to validate that you didn't mark US Citizenship but technically you can get in trouble for marking LPR too, they just not doing it right now. It's not an immigration law violation but criminal however there is a wavier available.

 

[Jackolantern]

We all know the nightmare of false claim of citizenship on I-9 but as far as I understand false claim of LPR on I-9 is not a big deal. Recently, I read somewhere that judge, in fact, over turned IO denial because the claim on I-9 is not made to government official.

Is this correct or am I just cherry picking the facts?

That's probably a lower court judge that was overturned. Appeals courts have upheld denials and deportations for claiming to be a US citizen on a form I-9 that was filed with a private business.

But false claims of LPR status are generally not a big deal unless made to a government official or the false claim was used to obtain unauthorized employment. If you had a valid EAD* throughout the entire time you worked for them, that means you were legally authorized** to do the work so unauthorized work isn't an issue here, it's just a issue with you lying to a private employer.

So stop worrying, because (1) they don't ask about false claims of LPR on the green card paperwork (2) you were authorized for the job with your EAD and (3) unauthorized employment is forgiven when adjusting status based on marriage to a US citizen.


*assuming this wasn't a restricted EAD like the one for F1-OPT
**unless it is a job that allows noncitizens but the only noncitizens legally allowed are permanent residents. Private sector jobs like that are rare or nonexistent.

 

[jalmatu]

I meant to say a gap between EADs. sounds like I shot myself in the foot. I always lived by the mantra never lie and now this one time I did is giving me the worst nightmares.

Although I have talked to a few lawyers in my area and they all say that chances of them questioning it is so slim that I should still apply for I-485. I cannot tell if they saying that to make money off me or if they really think so.

I still think I should simply move out of country for a few years (10 years) and come back later based on marriage to my USC wife but how do I convince her? And her parents will probably kill me if I take their daughter too far away.

I was thinking of going to Canada to finish masters, she should be able to work there on TN visa. Does anyone have any other ideas? I really hate to separate from my wife even for a day. We just got married.

 

[jalmatu]

That's probably a lower court judge that was overturned. Appeals courts have upheld denials and deportations for claiming to be a US citizen on a form I-9 that was filed with a private business.

I cannot find the case any more, it was some guy told IO that he claimed LPR on I-9 so his application was denied but later IJ overturn IO decision because misrepresentation has to be made to US government official. However, there are other laws against false attestations on I-9 and if immigrant is convicted under those laws he can deported.

Another one I saw was for Rana vs US. Rana lied that he claimed LPR on I-9, so IJ let him adjust but later they learned he actually claimed USC, so he was deported.

 

[Jackolantern]

Apply for adjustment of status and stop worrying about this. You're married to a USC, you didn't claim to be a USC. Your chances of being deported for that I-9 issue are less than the chance of being struck by lightning or hit by a bus.