Hi..i had my N400 interview yesterday and I told the truth that over 10 years ago i claimed to be a USC in a job application. Was filing based on 3 years marriage. Still married and intend to remain so. I also asked for name change. After being asked to verify info as to how it would appear on certificate, they gave me N652 with "decision cannot yet be made". I am panicked. I have read horror stories online and wonder if anyone has any insights. Thank you for your time.
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N400 false claim issue
- Thread starter sosiw
- Start date
You are makming that Officer do some legal research on the subject. "Over 10 years ago" is vague. Depending on exactly when it happened is critical to the outcome. Read the article linked at the bottom and think carefully about these issues.
1. Did you get that job? If not then you did not benefit from it.
2. How did you adjust status? Did you need to use 245(i) and pay the penalty fee? That could help.
3. There is no waiver for false claim to USC made on or afgter 9/30/1996. Read INA 212(a)(6)(C) How old were you and what were your parents' status?
You would have to be deportable for having been inadmissible at time of admission in addition to being deportable just because of this. INA 237(a)(3)(D) is False claim to USC.
HOWEVER, prior to a very recent change to the Form I-9, the box you checked was marked USC or a national. A recent court ruling said that the alien could assert that he "thought he was a "national" simply because he was living in the U.S." The Form I-9 was changed after that, now the two designations have seperate boxes.
Read this article: http://www.asianjournal.com/immigra...us-citizenship-can-result-in-deportation.html
1. Did you get that job? If not then you did not benefit from it.
2. How did you adjust status? Did you need to use 245(i) and pay the penalty fee? That could help.
3. There is no waiver for false claim to USC made on or afgter 9/30/1996. Read INA 212(a)(6)(C) How old were you and what were your parents' status?
You would have to be deportable for having been inadmissible at time of admission in addition to being deportable just because of this. INA 237(a)(3)(D) is False claim to USC.
HOWEVER, prior to a very recent change to the Form I-9, the box you checked was marked USC or a national. A recent court ruling said that the alien could assert that he "thought he was a "national" simply because he was living in the U.S." The Form I-9 was changed after that, now the two designations have seperate boxes.
Read this article: http://www.asianjournal.com/immigra...us-citizenship-can-result-in-deportation.html
Jackolantern
Registered Users (C)
HOWEVER, prior to a very recent change to the Form I-9, the box you checked was marked USC or a national. A recent court ruling said that the alien could assert that he "thought he was a "national" simply because he was living in the U.S." The Form I-9 was changed after that, now the two designations have seperate boxes.
Unfortunately, that "escape route" is probably unavailable to the OP, after already admitting the claim to US citizenship on the N-400.
You are makming that Officer do some legal research on the subject. "Over 10 years ago" is vague. Depending on exactly when it happened is critical to the outcome. Read the article linked at the bottom and think carefully about these issues.
1. Did you get that job? If not then you did not benefit from it.
2. How did you adjust status? Did you need to use 245(i) and pay the penalty fee? That could help.
3. There is no waiver for false claim to USC made on or afgter 9/30/1996. Read INA 212(a)(6)(C) How old were you and what were your parents' status?
You would have to be deportable for having been inadmissible at time of admission in addition to being deportable just because of this. INA 237(a)(3)(D) is False claim to USC.
HOWEVER, prior to a very recent change to the Form I-9, the box you checked was marked USC or a national. A recent court ruling said that the alien could assert that he "thought he was a "national" simply because he was living in the U.S." The Form I-9 was changed after that, now the two designations have seperate boxes.
____
thanks for your time...no i didnt get the job. i adjusted based on marriage to a usc.
I have read horror stories online and wonder if anyone has any insights.
Decision cannot be made is common for marriage based application. That combined with false claim to US citizenship requires further scrutiny by USCIS.
Jackolantern
Registered Users (C)
If the application shows that you claimed to be a USC, and you send it to USCIS, the next step could be deportation. Instead of sending in the self-incriminating evidence, you should withdraw your case and hope USCIS forgets about you.
got a letter asking for a copy of the 1998 application. dont know what the next step will be after that. praying for a miracle.
They likely want to see if the application has some sort of sworn statement on it. Do you still have a copy of it?
got a letter asking for a copy of the 1998 application. dont know what the next step will be after that. praying for a miracle.
What was your status in the U.S. back in 1998? How and when did you get a green card?
Incognegro
Registered Users (C)
why would some one divulge such info? There is no chance uscis would've known...why do people over think these applications?
in 98, i was F. got green card after marriage 2006. i dotn have copy of the application. trying to see if i can get a copy. i think the place is out of biz now. i think there may have been one more place which may still be in existence. i didnt know what it meant to check that box ...it may have had more than one option. i am not so sure. im praying...
Jackolantern
Registered Users (C)
Because it's the truth.why would some one divulge such info?
The bigger wonder is why apply for citizenship in the first place, with a deportable offense? In such circumstances one should be happy to have a green card and leave it at that. Already married to a USC, so there is no pressing need to become a USC to bring a spouse or child.
There is no chance uscis would've known...why do people over think these applications?
That's not true ... occasionally their investigators have found people who claimed to be a US citizen on the I-9 with private employers. The chance of them doing that is very low, but not zero.
why would some one divulge such info?
Because by signing the sworn statement on application the applicant is bound to disclose all requested information, even if USCIS may not be able to verify some of it.
jessicapotter
Registered Users (C)
Because it's the truth.
The bigger wonder is why apply for citizenship in the first place, with a deportable offense? In such circumstances one should be happy to have a green card and leave it at that. Already married to a USC, so there is no pressing need to become a USC to bring a spouse or child.
That's not true ... occasionally their investigators have found people who claimed to be a US citizen on the I-9 with private employers. The chance of them doing that is very low, but not zero.
You have a valid point in here. why apply for citizenship when you are safe and sound with a green card? May be you are one loyal, law abiding citizen to be. Then finding that you have made false claims as a USC, you will surely land up in great trouble.