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1-9 FORM AND AOS INTERVIEW

#1 badlucklady

badlucklady

    Newbie

  • Pip


Posted 20 January 2012 - 08:28 PM

People plz help me I'm about to loose my mind , I just had my AOS interview last tuesday , the officer asked if I had claimed to be a US citizen to gain employment and I said yes and now they are requesting the copies of my I-9 forms from my previous employers before they can make any decisions , my Lawyer seems to be clueless about this whole thing plz help .... has anyone been in this situation .
  • 0

#2 kamhoe

kamhoe

    Member

  • PipPipPipPip


Posted 20 January 2012 - 08:41 PM

A foreigner that claimed to be a U.S. citizen will have a big problem to go through USCIS. The officer wants your record of the I-9 forms to prove that if you ever claimed yourself as a U.S. citizen. You really need to get help from experienced attorney.
  • 0

USCIS (I-130)
2011-03-12 -- Married
2011-04-15 -- I-130 sent
2011-04-18 -- I-130 NOA1 received in mail
2011-07-18 -- I-130 NOA2 approved
I-130 NOA2 was approved 91 days from NOA1 date
NVC
2011-08-05 -- NVC received
2011-08-29 -- Case entered into system
2011-08-30 -- Case # received; Exchanged emails; IIN # received
2011-08-31 -- DS-3032 sent via email
2011-09-02 -- Received DS-3032 and AOS bill via emails; AOS fee paid online
2011-09-06 -- DS-3032 accepted; AOS status: PAID
2011-09-07 -- AOS mailed; Received IV bill via email; IV fee paid online
2011-09-08 -- IV status: PAID
2011-09-09 -- IV mailed
2011-09-14 -- AOS reviewed
2011-09-15 -- IV RFE via phone
2011-09-16 -- IV RFE via email; IV RFE mailed
2011-09-22 -- Case completed
2011-10-04 -- Interview date assigned
U.S. Consulate
2011-10-11 -- Case received
2011-10-31 -- Medical checkup
2011-11-22 -- Interview; Approved
2011-11-25 -- Visa received
United States
2011-12-04 -- Port of entry: Seattle, Washington
2011-12-29 -- SSN applied
2012-01-04 -- Welcome notice letter received
2012-01-04 -- SSN card received
2012-01-19 -- Conditional green card received

USCIS (I-751)

2013-09-13 -- I-751 sent

2013-09-16 -- I-751 delivered

2013-09-18 -- Check cashed

2013-09-21 -- I-751 NOA1 received in mail

2013-09-27 -- I-797C, Biometrics appointment letter received

2014-01-13 -- Approved via email

2014-01-21 -- Permanent green card received


#3 aleful

aleful

    Diamond Member



Posted 20 January 2012 - 08:43 PM

People plz help me I'm about to loose my mind , I just had my AOS interview last tuesday , the officer asked if I had claimed to be a US citizen to gain employment and I said yes and now they are requesting the copies of my I-9 forms from my previous employers before they can make any decisions , my Lawyer seems to be clueless about this whole thing plz help .... has anyone been in this situation .


sorry, but if you did, you should never have been petitioned. claiminig US Citizenship without being one is a lifetime ban and you can never ever get a GC. no waiver. nothing, you are banned for life.

unless the laws change.
  • 1

#4 KayDeeCee

KayDeeCee

    Also known as Jay-Kay



Posted 20 January 2012 - 08:57 PM

You have no timeline so I have no clue what visa you are trying to adjust status from. However, claiming to be a USC is not something the USCIS takes kindly to. You cannot claim to be a US citizen when you are not, for any reason. You need get the I-9 forms you should have been required to fill out from any previous employers. Employers are required to have this form filled out and on file for each person they employ. http://www.uscis.gov...00045f3d6a1RCRD

I am not sure what your lawyer is clueless about anyway. They should know it is a giant no-no to claim US citizenship when you are not one. They should also know what an I-9 form is. As another poster stated, you need to find a good attorney that would not be clueless about this.
  • 0

idea9dv.gif Link to K-1 instructions for Ciudad Juarez, Mexico > http://photos.state....s/k1k4dec13.pdf
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
K-1 --> I-129F Sent: 05/26/10 - NOA2: 07/02/10 -
Interview: 09/21/10-APPROVED! - Wedding: 12/12/10
AOS--> I-485 Sent: 01/25/11 - Bio: 02/24/11 - EAD/AP: 04/09/11 - Interview: 05/18/11-APPROVED! - GC: 05/26/11
ROC--> I-751 Sent: 03/21/13
- Bio: 04/25/13 APPROVED!- 07/24/13


#5 kcoyclay1

kcoyclay1

    Platinum Member



Posted 20 January 2012 - 09:06 PM

False claim to U.S. citizenship may result in deportation
12.09.2009
By Robert L. Reeves and Nancy E. Miller

As everyone who has applied for a job in the United States knows, you have to show that you have the right to work before you can be hired. As every non-citizen should know, falsely claiming to be a United States citizen is the kiss of death to living legally in the U.S. Under the Immigration & Nationality Act, any alien who falsely represents, or has falsely represented himself or herself to be a citizen of the United States for any purpose or benefit under the Act is both inadmissible and deportable.

There is no waiver for this misrepresentation if it was made on or after September 30, 1996. There is one limited exception, however. If each natural or adoptive parent of the alien is or was a citizen of the United States (either by birth or naturalization) and the alien permanently resided in the United States prior to attaining the age of 16 and the alien reasonably believed at the time of making such representation that he or she was a citizen, he or she is neither inadmissible or deportable for that misrepresentation.

Despite the draconian ramification, many people falsely state that they are U.S. citizens in order to get a job. The motivation is understandable. The immigrant needs a job in order to support himself and his family. If you state that you are a lawful permanent resident or have a non-immigrant work visa, you have to show the green card or visa. If you say you are a United States citizen, you are generally not asked for a birth certificate or naturalization certificate. The ease with which the misrepresentation can be made may be one of the reasons the punishment is so harsh.

Nonetheless, desperate people take desperate actions. More than one person has checked off the I attest, under penalty of perjury, that I am ... [a] citizen or national of the United States on the I-9 Employment Eligibility Verification Form in order to get a job.

What are the implications of checking off that box? Is the alien saying that he is a citizen or a national? And what is the difference? All citizens of the United States are nationals, but some nationals, such as persons born in U.S. territorial possessions (e.g. American Samoa) are not citizens. Nationals owe permanent allegiance to the United States but are not citizens. The responsibilities and benefits of a national are less than those of a citizen.

The ramifications of checking that box on the I-9 were discussed in a case from the Ninth Circuit Court of Appeals, United States of America v. Karouni. In that case, Karouni was charged with violating a section of law that makes it a crime to falsely claim to be a U.S. citizen (yes, making that claim can not only get you deported, it can get you sent to jail). The court held that the box on the form was ambiguous and that the criminal statute did not make it a crime to falsely claim to be a U.S. national.
  • 0

STANLEY & KAREN
01/15/2009 - Fedex I-130, I-485, I-693, I-864, I-765, G-325A
01/20/2009 - Received in mail-room and signed for by J CHYBA
01/28/2009 - Checks cashed by Homeland Security
02/02/2009 - Received in mail 3 pcs of NOA1 one each for I-485, I-130, I-765 dated 01/28/2009
02/03/2009 - Received email RFE. What did I not send now, whew!
02/09/2009 - Received mails for initial evidence and Biometric appointment (02/19/2009); mailed evidence
02/19/2009 - biometrics done - in a out in 45 minutes
03/14/2009 - Receive NOA2 dated 03/10/2009. AOS interview April 29, 2009
03/18/2009 - Touched. EAD Card production ordered
03/25/2009 - Touched. EAD approval sent
03/27/2009 - EAD card received in the mail; applied for SS# immediately (office is across the street from my home)
04/02/2009 - Received SS# in the mail
04/29/2009 - Interviewed. I- 130 approved, I-485 pending IO's review
05/05/2009 - Received NOA2. Welcome letter for Permanent Residency. I-130 and I-485 approved 04/30/2009
05/08/2009 - Touched. I-485 approval letter sent
05/11/2009 - GC received in the mail. Expires 2019
05/11/2009 - Applied to remove restrictions on my SS Card
05/18/2009 - Received unrestricted SS card

10/13/2009 - My darling husband of 2 yrs 5 months 3 weeks 3 days passed away :(

 

Naturalization Process (5 Yrs Later)  :goofy: 

 
Mar 28, 2014   - Mailed N-400
Apr 08, 2014   - Check cashed
Apr 09, 2014   - Receive Notice letter Priority date April 3, 2014
Apr 11, 2014   - Touched - Email - Biometrics letter mailed
May 08, 2014  - Biometrics done
May 12, 2014  - Touched - Email - In line for interview scheduling
July 12, 2014  - Pre-interview letter (Yellow letter)  received in mail
Aug 20, 2014  - Touched - Email - Interview scheduled
Aug 25, 2014  - Interview scheduled for Sept. 24, 2014
Sept 24, 2014 - Passed interview
Oct 06, 2014   - Touched - Email - In oath scheduling que
Oct 08, 2014   - Touched - Text - Oath ceremony scheduled
Oct 14, 2014   -  Received letter - Oath ceremony Oct 28, 2014
Oct 28, 2014   - I AM A US CITIZEN!  :joy:  :joy:  :joy: 

--------------------
KayCee

Ccut.jpg.png


#6 kcoyclay1

kcoyclay1

    Platinum Member



Posted 20 January 2012 - 09:08 PM

There is a waiver if the individual does not understand English and misinterpreted the question. You are going to need a lawyer. I pray this will be resolved.
  • 0

STANLEY & KAREN
01/15/2009 - Fedex I-130, I-485, I-693, I-864, I-765, G-325A
01/20/2009 - Received in mail-room and signed for by J CHYBA
01/28/2009 - Checks cashed by Homeland Security
02/02/2009 - Received in mail 3 pcs of NOA1 one each for I-485, I-130, I-765 dated 01/28/2009
02/03/2009 - Received email RFE. What did I not send now, whew!
02/09/2009 - Received mails for initial evidence and Biometric appointment (02/19/2009); mailed evidence
02/19/2009 - biometrics done - in a out in 45 minutes
03/14/2009 - Receive NOA2 dated 03/10/2009. AOS interview April 29, 2009
03/18/2009 - Touched. EAD Card production ordered
03/25/2009 - Touched. EAD approval sent
03/27/2009 - EAD card received in the mail; applied for SS# immediately (office is across the street from my home)
04/02/2009 - Received SS# in the mail
04/29/2009 - Interviewed. I- 130 approved, I-485 pending IO's review
05/05/2009 - Received NOA2. Welcome letter for Permanent Residency. I-130 and I-485 approved 04/30/2009
05/08/2009 - Touched. I-485 approval letter sent
05/11/2009 - GC received in the mail. Expires 2019
05/11/2009 - Applied to remove restrictions on my SS Card
05/18/2009 - Received unrestricted SS card

10/13/2009 - My darling husband of 2 yrs 5 months 3 weeks 3 days passed away :(

 

Naturalization Process (5 Yrs Later)  :goofy: 

 
Mar 28, 2014   - Mailed N-400
Apr 08, 2014   - Check cashed
Apr 09, 2014   - Receive Notice letter Priority date April 3, 2014
Apr 11, 2014   - Touched - Email - Biometrics letter mailed
May 08, 2014  - Biometrics done
May 12, 2014  - Touched - Email - In line for interview scheduling
July 12, 2014  - Pre-interview letter (Yellow letter)  received in mail
Aug 20, 2014  - Touched - Email - Interview scheduled
Aug 25, 2014  - Interview scheduled for Sept. 24, 2014
Sept 24, 2014 - Passed interview
Oct 06, 2014   - Touched - Email - In oath scheduling que
Oct 08, 2014   - Touched - Text - Oath ceremony scheduled
Oct 14, 2014   -  Received letter - Oath ceremony Oct 28, 2014
Oct 28, 2014   - I AM A US CITIZEN!  :joy:  :joy:  :joy: 

--------------------
KayCee

Ccut.jpg.png


#7 kcoyclay1

kcoyclay1

    Platinum Member



Posted 20 January 2012 - 09:21 PM

Continuation from last post:


"The ramifications of checking that box on the I-9 were discussed in a case from the Ninth Circuit Court of Appeals, United States of America v. Karouni. In that case, Karouni was charged with violating a section of law that makes it a crime to falsely claim to be a U.S. citizen (yes, making that claim can not only get you deported, it can get you sent to jail). The court held that the box on the form was ambiguous and that the criminal statute did not make it a crime to falsely claim to be a U.S. national.

That is not the end of the story, however.

In a 2007 case, Kechtar v. Gonzales, the Tenth Circuit upheld a decision from the Board of Immigration Appeals which had held that where the alien checked off the box on the I-9 that stated he was a citizen or national, he falsely claimed citizenship and that doing so for private employment is not a defense because it is done for the purpose of evading the employer sanctions statute. Therefore, the noncitizen was removable from the United States as a result of checking that box.

In a more recent case, Matter of Guadarrama, the Board of Immigration Appeals distinguished the holding in Karaouni by finding that the standard for being held to have violated a criminal statute is higher than that required for being held to have violated an immigration statute. Therefore, while an immigrant might not be sent to jail for having checked off that box on the I-9, the same action can get him deported from the United States for having made a false claim to citizenship. The Board said that the matter turned upon the aliens intent at the time he made the claim. Did he intend to say he was a citizen or national? If he meant to say he was a citizen, he is automatically barred with no waivers possible.

That does not mean that falsely claiming to be a U.S. nation makes you home free. There are other statutes that make it a crime to make any false statement in a proceeding before a government agency. And, of course, any misrepresentation for an immigration benefit can render you inadmissible and removable and in need of a waiver. Even where waivers are available, they are by no means guaranteed. It should also be noted that denying the prior misrepresentation only compounds the problem.

Anyone who has made a false statement for any immigration purpose should consult a competent and ethical immigration lawyer prior to applying for any immigration benefit."
  • 0

STANLEY & KAREN
01/15/2009 - Fedex I-130, I-485, I-693, I-864, I-765, G-325A
01/20/2009 - Received in mail-room and signed for by J CHYBA
01/28/2009 - Checks cashed by Homeland Security
02/02/2009 - Received in mail 3 pcs of NOA1 one each for I-485, I-130, I-765 dated 01/28/2009
02/03/2009 - Received email RFE. What did I not send now, whew!
02/09/2009 - Received mails for initial evidence and Biometric appointment (02/19/2009); mailed evidence
02/19/2009 - biometrics done - in a out in 45 minutes
03/14/2009 - Receive NOA2 dated 03/10/2009. AOS interview April 29, 2009
03/18/2009 - Touched. EAD Card production ordered
03/25/2009 - Touched. EAD approval sent
03/27/2009 - EAD card received in the mail; applied for SS# immediately (office is across the street from my home)
04/02/2009 - Received SS# in the mail
04/29/2009 - Interviewed. I- 130 approved, I-485 pending IO's review
05/05/2009 - Received NOA2. Welcome letter for Permanent Residency. I-130 and I-485 approved 04/30/2009
05/08/2009 - Touched. I-485 approval letter sent
05/11/2009 - GC received in the mail. Expires 2019
05/11/2009 - Applied to remove restrictions on my SS Card
05/18/2009 - Received unrestricted SS card

10/13/2009 - My darling husband of 2 yrs 5 months 3 weeks 3 days passed away :(

 

Naturalization Process (5 Yrs Later)  :goofy: 

 
Mar 28, 2014   - Mailed N-400
Apr 08, 2014   - Check cashed
Apr 09, 2014   - Receive Notice letter Priority date April 3, 2014
Apr 11, 2014   - Touched - Email - Biometrics letter mailed
May 08, 2014  - Biometrics done
May 12, 2014  - Touched - Email - In line for interview scheduling
July 12, 2014  - Pre-interview letter (Yellow letter)  received in mail
Aug 20, 2014  - Touched - Email - Interview scheduled
Aug 25, 2014  - Interview scheduled for Sept. 24, 2014
Sept 24, 2014 - Passed interview
Oct 06, 2014   - Touched - Email - In oath scheduling que
Oct 08, 2014   - Touched - Text - Oath ceremony scheduled
Oct 14, 2014   -  Received letter - Oath ceremony Oct 28, 2014
Oct 28, 2014   - I AM A US CITIZEN!  :joy:  :joy:  :joy: 

--------------------
KayCee

Ccut.jpg.png


#8 ceadsearc

ceadsearc

    Diamond Member



Posted 21 January 2012 - 12:41 AM

If your lawyer doesn't understand, you need a new lawyer STAT.
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OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

 

CITIZENSHIP

 

Filing in November 2013


#9 Darnell

Darnell

    Wuhan Rocks !



Posted 21 January 2012 - 12:54 AM

'this whole thing' ??? really? you've got the wrong lawyer.

Hey - you found VJ on the internet - can you find an I-9 form, on the internet? Study it a bit??? I think you can then understand where yer problem truly is...

Good luck, however it turns out. Lawyers suck, mostly, for immigration matters. The times they don't? Well, that's a superior lawyer, not a pond-bottom sucking feeder.
  • 0

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly !  Want NVC Info? see http://www.visajourn...php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif


#10 VanessaTony

VanessaTony

    Little Miss



Posted 21 January 2012 - 02:18 AM

People plz help me I'm about to loose my mind , I just had my AOS interview last tuesday , the officer asked if I had claimed to be a US citizen to gain employment and I said yes and now they are requesting the copies of my I-9 forms from my previous employers before they can make any decisions , my Lawyer seems to be clueless about this whole thing plz help .... has anyone been in this situation .

As Kcoyclay's posts allude to, the I-9's will show whether you ticked "US citizen" or "US Citizen/National". If it's the former you are sunk. Denied with a lifetime ban. If it's the latter then you stand a chance.

Unless you get the I-9's that prove that it said "Citizen/National" you will be assumed to have ticked citizen and will be denied with a lifetime ban. You need a VERY VERY good lawyer, and even then they probably can't help you.
  • 0

Aussie K1 process - http://www.visajourn...interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourn...-list-included/
ROC April 2012 - http://www.visajourn...il-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourn...il-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourn...lers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourn...lers/?p=6537699
Aussie Chat page continued - http://www.visajourn...ussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourn...change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourn...ost__p__4135806
Shipping Costs from Aus to US - http://www.visajourn...sts-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile


#11 krodriguez90

krodriguez90

    Newbie

  • Pip

  • Group: Members
  • Joined: 23 Apr 2014
  • City:San Francisco
  • State:California
  • Filed for: Other

Posted 24 April 2014 - 07:17 PM

What happens if you claimed you were a LPR instead?
I claimed I was a LPR in an I-9 that got E-verify by my employer. As a result, I received a DHS TNC. I don't know how to respond to this.

Should I just quit the job? Or try to talk to the HR an explain my situation. or hire a lawyer?

I have a valid SS#, but I cannot work with it without an EAD. I got this SS# when I came as a J-1 visa in 2006. This time, I came with a B-2 visa an overstayed.

I listed my I-94 number as my A-number in the I-9 that got verified.

And now I'm very scared of what complications this might carry for me; my fiancé a USC and I are getting married in October of this year, and I know I will be adjusting my status after that. I read the law and it clearly states that claiming false U.S. citizenship is not pardon. It also says that if you worked illegally and you overstayed your visa you ARE pardon if you marry a USC.

But nothing about claiming false LPR status. Any help?


  • 0

#12 TBoneTX

TBoneTX

    Among the 99.44% HOSED at the Guayaquil consulate



Posted 24 April 2014 - 09:44 PM

Before today, this thread was 2 years old.  Closing thread because of its age.


  • 0
06-04-2007 = TSC stamps postal return-receipt for I-129f.
06-11-2007 = NOA1 date (unknown to me).
07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?
09-25-2007 = Touch (first-ever).
09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).
10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."
12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.
12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.
12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.
01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.
01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.
04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").
05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.
05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).
06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."
07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.
08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).
08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).



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