Permanent bar after deportation

J

Jorge82

New Member
Background: I was brought to the U.S. in '91 as a 9 year old. got a driver license at 16 by claiming citizenship. Worked in 2007 also by claiming citizenship. I got married in 2008 and got a greencard. I disclosed these facts on my application and at my interview and was approved for the green card.

Present day: I applied for citizenship, application denied now USCIS is charging me with fraudulently acquiring green card. I am shopping lawyers.

My question: I know that the penalty can be deportation with a lifetime bar (from reading several legal sources). Is this penalty something that is regularly and actually carried out? I don't expect to come out of this without a consequence. I just want to know so I can arrange my affairs accordingly.
 
You disclosed the fact that you've been claiming to be a citizen on your greencard application?
 
Jorge82 said:
Background: I was brought to the U.S. in '91 as a 9 year old. got a driver license at 16 by claiming citizenship. Worked in 2007 also by claiming citizenship. I got married in 2008 and got a greencard. I disclosed these facts on my application and at my interview and was approved for the green card.

Present day: I applied for citizenship, application denied now USCIS is charging me with fraudulently acquiring green card. I am shopping lawyers.

My question: I know that the penalty can be deportation with a lifetime bar (from reading several legal sources). Is this penalty something that is regularly and actually carried out? I don't expect to come out of this without a consequence. I just want to know so I can arrange my affairs accordingly.
Click to expand...
If it is determined that you did obtained your greencard fraudulenty. You will be placed in deportation proceedings. It is something they actually carry out!
 
Jbuff said:
You disclosed the fact that you've been claiming to be a citizen on your greencard application?
Click to expand...

On the green card application, I wrote my immigration status of overstay I give my driver license number and listed where I worked. The interview itself was a years ago I didn't lie about anything I was asked about. Nevertheless, it appears in the eyes of immigration that I lied.

Like I said before, I know there will be a consequence. I'm pretty sure I will end up having to leave. Is it common or standard procedure or the default penalty for u.s. immigration to ban people "for life" in cases like this?
 
Jorge82 said:
On the green card application, I wrote my immigration status of overstay I give my driver license number and listed where I worked. The interview itself was a years ago I didn't lie about anything I was asked about. Nevertheless, it appears in the eyes of immigration that I lied.

Like I said before, I know there will be a consequence. I'm pretty sure I will end up having to leave. Is it common or standard procedure or the default penalty for u.s. immigration to ban people "for life" in cases like this?
Click to expand...
You said in one post that you admitted being a citizen and now just that you admitted overstay. Which was it?
This is a serious offense even for someone who already has a green card. And yes it’s worse by lying about it in your green card application.

You can probably try for a hardship waiver to avoid deportation or get back after being deported if you have a usc spouse. (You don’t mention if you are still married.)
 
Jorge82 said:
On the green card application, I wrote my immigration status of overstay I give my driver license number and listed where I worked. The interview itself was a years ago I didn't lie about anything I was asked about. Nevertheless, it appears in the eyes of immigration that I lied.

Like I said before, I know there will be a consequence. I'm pretty sure I will end up having to leave. Is it common or standard procedure or the default penalty for u.s. immigration to ban people "for life" in cases like this?
Click to expand...

If you wrote on your GC Application where you worked and Your Drivers license . Seems as though in your GC application you kinda told on yourself . As far as your claims to being a US citizen. It was overlooked then . So no you did not lie, they”re using this as evidence now against you.

The N400 process digs way deeper . After looking at your GC application, when you applied for Citizenship. The IO would be curious to know how you obtained a DL or have a work history that you actually listed before you were actually eligible to work or have a DL.

If they find out “actually get proof “ you made false claims as being a USC . You will be be placed in removal proceedings and yes it does come with a lifetime bar . @SusieQQQ told you about waivers.Unfortuanately there isnt a waiver for falsley claimimg to be a USC.

They probably will contact your previous employer/s for a work application and the DMV as well for DL application . To see if you checked “i am a citizen” If you can afford it and living here is something you want. Get an Immigration attorney and fight it. GL[/QUOTE]
 
Immigration was fully aware of my overstay. They aren't contending that. During my status as overstay is when the claims were made.
I'm not currently married to her anymore.
 
Jorge82 said:
Immigration was fully aware of my overstay. They aren't contending that. During my status as overstay is when the claims were made.
I'm not currently married to her anymore.
Click to expand...

You’re going on and on about your overstay. That’s not what you should be concerned about at this point. The fact that you claimed to be a USC is the major issue you probably have to answer to.
 
Jorge82 said:
Immigration was fully aware of my overstay. They aren't contending that. During my status as overstay is when the claims were made.
I'm not currently married to her anymore.
Click to expand...
There is a huge difference in uscis eyes between “just” overstay, and claiming to be a citizen. Many people overstay without claiming to be citizens.
And even if something may have been overlooked (they’d argue hidden) in the past, it can still come back to bite and is grounds for GC revocation/deportation. (Plenty of precedent. People have gotten green cards revoked for problems missed during the visa application process even.) You can spend money on an attorney if you want, but if you’ve now admitted you did this I don’t really see how trying to fight it can help. I’m assuming you checked the box about claiming to be a citizen on your n400?
Unfortunately it looks like you have deportation ahead of you then. I don’t know enough about it to know if it’s better for you to voluntarily leave now vs get an order against you, or even if it will make any difference if you’re facing a lifetime ban anyway.
 
SusieQQQ said:
There is a huge difference in uscis eyes between “just” overstay, and claiming to be a citizen. Many people overstay without claiming to be citizens.
And even if something may have been overlooked (they’d argue hidden) in the past, it can still come back to bite and is grounds for GC revocation/deportation. (Plenty of precedent. People have gotten green cards revoked for problems missed during the visa application process even.) You can spend money on an attorney if you want, but if you’ve now admitted you did this I don’t really see how trying to fight it can help. I’m assuming you checked the box about claiming to be a citizen on your n400?
Unfortunately it looks like you have deportation ahead of you then. I don’t know enough about it to know if it’s better for you to voluntarily leave now vs get an order against you, or even if it will make any difference if you’re facing a lifetime ban anyway.
Click to expand...

I've already prepared myself to face deportation. That is a certainty, just wanted to know (like you said in the end if your reply) if anyone knew if there was leniency. Will I face a lifetime ban no matter what or are there cases in the past when someone was able to plea down to a 5 or 10 year ban?
 
Jorge82 said:
I've already prepared myself to face deportation. That is a certainty, just wanted to know (like you said in the end if your reply) if anyone knew if there was leniency. Will I face a lifetime ban no matter what or are there cases in the past when someone was able to plea down to a 5 or 10 year ban?
Click to expand...
The ban (inadmissibility) is a matter of law, which automatically applies due to the facts of false claim of citizenship, and no officer or anyone else has discretion to change it. There is also no immigrant waiver for this ban.
 
You must log in or register to reply here.
Top