Need help and advice

S

sfranc

New Member
I came here in the US when I was 19 yo. Family had a rough life in our country so I decided to stay here in US. I was undocumented for 15 years and just 3 years ago, I got married with a US Citizen. Back while living undocumented I worked and claimed myself as US Citizen (for employment) so I can help my family and myself.

I am now qualified to apply for US Citizenship. Is there any chance my Citizenship be approve? Just want your opinions and advice. I am going to consult an attorney but I would like to hear all your advices here as well... I still have second thoughts whether I should apply. Is it better off if I apply after 5 years?
 
If you falsely claimed yourself as a US citizen while being undocumented you have a chance to be denied for lack of GMC, regarless of if you apply under 3 or 5 year rule. Consult a good immigration lawer to determine how to best handle the false claim of US citizenship.
 
sfranc said:
I came here in the US when I was 19 yo. Family had a rough life in our country so I decided to stay here in US. I was undocumented for 15 years and just 3 years ago, I got married with a US Citizen. Back while living undocumented I worked and claimed myself as US Citizen (for employment) so I can help my family and myself.

I am now qualified to apply for US Citizenship. Is there any chance my Citizenship be approve? Just want your opinions and advice. I am going to consult an attorney but I would like to hear all your advices here as well... I still have second thoughts whether I should apply. Is it better off if I apply after 5 years?
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Let us know what the lawyer has to say about this. When was the last time you claimed or received a benefit because you claimed you were a Citizen? (I'm hoping that once you got your marriage based GC, you stopped claiming you were a citizen)
 
GungaDin said:
Let us know what the lawyer has to say about this. When was the last time you claimed or received a benefit because you claimed you were a Citizen? (I'm hoping that once you got your marriage based GC, you stopped claiming you were a citizen)
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Yes I already quit that job... it was 2005.
 
In addition to having your naturalization denied, you could get deported for falsely claiming US citizenship for employment purposes, if USCIS chooses to prosecute you to the full extent of the law. So think hard about whether applying for naturalization is worth that risk.
 
sanjoseaug20 said:
What did you disclose during your GC application? Did you tell them you were undocumented, and claimed to be USC?
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We already know the fact during the I485 process applicants are not asked if they ever claimed to be US citizen
or not or ever voted or not. So you can claimed to be US citizen 1000 times illegally voted in all past major
election and can still get your GC honestly without disclosing such facts.
 
We discusssed this before. If the question on the work eligibility form is "Are you a US citizne or nationa?" and if you amnswer yes, then technically you can honestly say No when asked "have you ever claimed to be a US citizen".

You only falsefully claimed to be a US national but never a citizen.
 
Jackolantern said:
you could get deported for falsely claiming US citizenship for employment purposes, if USCIS chooses to prosecute you to the full extent of the law..
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If government choose to do that , then deportation is the gospel for the defendent because by the
18 USC 911 (http://trac.syr.edu/laws/18/18USC00911.html), one can be sentenced to 3 years
for claiming to be USA citizen falsely. and if one does that 20 times in 20 jobs, one can get 60 years
and it is basically life sentence so that you really establish your permanent residency really in USA.
 
Frankly speaking, if there are people there who are citizens now but have a history of undocumented residency for over 10 years. I don't beleive most of them never claimed to be a US citizen. It is a simple matter of survial. If they never claimed to be a US citizen, then I beleive they never ate during thsoe years.

Unless you ban them from ever from becoming a PR, I think thei rpre-GC claim to be a US citizen should be forgiven.

An undumented alien claiming to be a US citizen, in my opinion, is much more forgivable than a documented alien doing the same.
For the former it is a matter of not starving to death on street. You may ask "why did they come here
illegally in the first place?". That is a good question. But either you do not allow them to becoem PRs in the first
place or you have to forgive certain part of their pre-GHC history. It is meaningless to forgive their being undocumented
but not forgive certain activities o ftheirs which could not be avoided under the circiumstances.

Again if you tell me anyone was unducumented alien for the 10-30 years but beside being undocumented itself he never
violated other laws, I don't believe that.
 
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WBH said:
...
An undumented alien claiming to be a US citizen, in my opinion, is much more forgivable than a documented alien doing the same.
...
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I agree with most of your message except the line above.
Any job that requires employment forms to be filled out also requires a social security number. If the illegal uses someones SSN, they are committing identity fraud and should be dealt the same punishment irrespective of their status.
Otherwise you have the situation where a citizen/LPR/Legal immigrant gets thrown into jail for identity fraud whereas an illegal gets to walk just because they're illegal. Not good.

Necessity should not be a justification for committing a crime or we'll end up with anarchy. (the poor robbing banks, the hungry robbing food stores... you get my drift).

BTW, your friendly neighborhood illegal maid/gardner/handyman probably makes an OK living - cash only - without claiming to be a USC or giving out a fake SSN.
 
sfranc said:
yes i told them that I was undocumented. i got my GC from my USC wife.
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Yeah, but did you tell USCIS at the time of applying for a GC that you had claimed to be a U.S. citizen?
(This is not the same as telling them that you were undocumented)
 
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