URGENT: Traveled to US with someone's passport!!

[MaleAlpha 314]

I have been friends with this guy for about a year and a half..really nice guy and even made me one of the grooms men at his wedding. He is an immigrant who has been in this country for 9 years and all along I thought he was a US citizen or at least a permanent resident. I noticed a pattern a while ago regarding how his ID is really scrutinized anytime we're going to a club (the person checking it takes a while to look at the card and looks at his face real well before admitting him) even though I am just ushered in after a brief look at my driver's license. I also noticed he doesn't drive and hasn't driven in all the 9 years he's been here. I always wondered why but never thought anything of it (Again I always thought he was a US citizen or permanent resident - we never talked about immigration issues).

Last weekend, we went to the club and on our way back he told me he had something to tell me. He said he had been wanting to tell me a while back but wasn't sure if it was the right timing or not. So I asked him to go ahead and here is where it get's interesting. He told me he traveled to the US with a friend's passport! (His friend is a US Citizen). I was very confused. I knew this could have been possible before 9/11 but most definitely not AFTER 9/11 especially with bio-metrics etc. in place but he swore it was the truth and that he had been working with his friend's paperwork (He came here in 2006). He told me he now felt very burdened by the whole situation and wanted to get it resolved. He was thinking of seeking Asylum but wasn't sure how to go about it so he wanted my advice. This was very foreign to me so I could not give him any advice. I however felt very sorry for him as I knew there was no way for him to adjust status but to either go out of the country and come back again or something.

I asked him if he's told his wife and he said he told her just 2 weeks before (She's an American citizen) and she couldn't believe nor understand it as she felt that wasn't possible. I'm not sure why he waited 9 years to resolve this issue (I would have been so burdened by this the first day I set foot here if I was in his shoes) but at least he's trying to resolve it now. I remember reading something about waivers etc and possible forgiveness of illegal immigrants if you leave the country and apply for a visa at an embassy abroad etc. I'm just not sure of the process. I just fear he will be deported one of these days and I don't want that to happen. I want him to be able to resolve it soon (even if it means he has to go back to his country and apply for a visa to come back).

1. If anyone has any suggestions on what my friend can do, I will be very grateful. I just feel soo bad for him! I know he's put himself in a deep mess and it's not going to be easy for him to fix this.

2. Will it be possible for him to get asylum in the US?

2. Does anyone know how this could even be possible? Traveling to the US with a citizen's passport? I feel like this is very dangerous for the security of everyone in this country if people are able to do this. e.g. a terrorist traveling here with a stolen passport etc. I just don't know what to make of it.

3. If you know someone who's been in a similar situation, I will be happy if you can refer me to them so I can get more information on how they were able to resolve this issue.

And in case you want to know, my friend is from Peru.

I appreciate every suggestion! Thanks

Edited November 14, 2015 by MaleAlpha

[canadian_wife 1,791]

This is not the site for your friend. This is a massive mess.

Tell your friend to contact a lawyer if he is truly serious about making this right.

What country is your friend from?

Good luck

[Penguin_ie 5,986]

Likely this is not an option what with the waiting 9 years anyways, but which country is he from and on what basis would he seek asylum?

He cannot adjust status to get a greencard as he has no status to adjust from. He MAY be able to get a waiver if his wife petitions for him, but he'd need to leave the country for the visa interview. However, it would depend on details of the case- for example, has he been lying all thee years and pretended to be a US citizen in official paperwork?

As to how it is possible, it seems unlikely, but it depends on how he travelled, I suppose if he looks very much like the friend whose passport he travels in, and made some excuse as to why he couldn't do biometrics, or the passport was an old one with no biometrics. Of course, it is also possible your friend lied to you and he either snuck into the country, or was just messing with you and is in fact legal.

[MaleAlpha 314]

This is not the site for your friend. This is a massive mess.

Tell your friend to contact a lawyer if he is truly serious about making this right.

What country is your friend from?

Good luck

@canadian_wife Thanks for the reply. My friend is from Peru.

Likely this is not an option what with the waiting 9 years anyways, but which country is he from and on what basis would he seek asylum?

He cannot adjust status to get a greencard as he has no status to adjust from. He MAY be able to get a waiver if his wife petitions for him, but he'd need to leave the country for the visa interview. However, it would depend on details of the case- for example, has he been lying all thee years and pretended to be a US citizen in official paperwork?

As to how it is possible, it seems unlikely, but it depends on how he travelled, I suppose if he looks very much like the friend whose passport he travels in, and made some excuse as to why he couldn't do biometrics, or the passport was an old one with no biometrics. Of course, it is also possible your friend lied to you and he either snuck into the country, or was just messing with you and is in fact legal.

@Penguin_ie Thanks for the reply. He is from Peru. I don't know how his wife feels about this but I hope she's willing to help him out.

What does he need to do for a waiver? Regarding a claim of US citizenship, I think he's already done it even though I don't know for sure (He claims he came here as a US citizen and in job applications, I'm thinking he's claiming to be a citizen as well). I would have thought he was messing with me as well but for the fact that he was in tears when telling me. I felt like he had been burdened with this for a long time and needed someone he trusted to talk to.

Also putting things together, It really makes sense that he is in fact not legal (He may have lied about coming in with someone's passport but I also wonder how he can get here from Peru across the border??) - He doesn't hold a steady job but works under the table (He's a good cook and cooks for people in the community during functions etc and get's paid). He also works as a cleaner for this shady guy who get's contracts from small businesses etc (In the past he's always complained about not making enough money and I ALWAYS advised him to either work for a structured company like Service Master or start his own cleaning firm..little did I know that he was illegal and was getting paid under the table which was why his hands were tied). He doesn't drive and has never driven a car ever in the US. He doesn't have a driver's license nor state ID and never travels anywhere unless by road. There have been a pattern over a year with bits an pieces of clues..

Edited November 14, 2015 by MaleAlpha

[belinda63 2,981]

Most of it would hinge on his use of the US passport and how his presentation of himself as a US citizen would be perceived. I am of the opinion that he would have a life-time ban for entering the US claiming citizenship.

He needs to speak to an attorney and tell them everything.

[LoveMyTico 999]

Yep...impersonating a USC is a lifetime ban. I don't think there is a waiver for that. How has he been paying/filing taxes? With his friends social security number? Filing jointly with his wife?

Edited November 14, 2015 by LoveMyTico

[MaleAlpha 314]

Most of it would hinge on his use of the US passport and how his presentation of himself as a US citizen would be perceived. I am of the opinion that he would have a life-time ban for entering the US claiming citizenship.

He needs to speak to an attorney and tell them everything.

Thanks @belinda63. Can't his illegal stay be forgiven through a waiver even though he has a wife and a step daughter. They've been married for about 6 months. I think there's more he hasn't told me. Since he opened up to me, I will ask him further questions and provide updates. I am trying to help him out anyway I can (which unfortunately there isn't much I can do). I asked him to join this site as well.

[MaleAlpha 314]

Yep...impersonating a USC is a lifetime ban. I don't think there is a waiver for that. How has he been paying/filing taxes? With his friends social security number? Filing jointly with his wife?

Unfortunately I have no idea how he's paying taxes or if he's even ever paid. I need to ask him to tell me more about his story. They've only been married for 6 months so I know for a fact he's never filed taxes with his wife.

I was wondering how he got the marriage certificate from the county office as well. I know they check for an identification..but perhaps he also came along with his passport which he uses here. I just have so many unanswered questions myself. I will ask him tomorrow and provide updates.

What I personally want to know is HOW he managed to go through CBP with someone's passport? With all the scrutiny there, I am surprised anyone could pull this off

[Transborderwife 4,666]

Slipups happen. That is how. Looks like he needs a good lawyer. Impersonating a USC is something not waiver able

[WandY 430]

18 U.S. Code 1543 and other sections of federal law call for up to 10 years in prison and up to $250,000 in fines for false use of a passport.

Your friend should turn himself in to authorities and asked to be returned to Peru. But get a lawyer first.

Best to ask forgiveness than to get caught and go to prison. The feds are quite serious about using fake identities - especially passports. His days are numbered. Get a lawyer.

[LoveMyTico 999]

Beccaregul the wife doesn't get in trouble for aiding him. There is a fine for that too

[NigeriaorBust 4,087]

Falsely claiming to be a USC is one of the things that there is no forgiveness for EVER. Not by marrying a USC not by producing babies. So if they determine he is guilty of that he is done. Not sure what level of claim they use to determine that but one that has been done there is no hope of staying ( I know several people that did this and once they find they enter on a USC passport they can drag out the appeals but all eventually get denied and have to leave ) I am not aware of any basis for asylum from Peru, but that would only delay the deportation. Anyone that is "helping" him stay here illegally could be in trouble also , especially the wife and the person who has been lending out his ID.

[mallafri76 1,012]

What I personally want to know is HOW he managed to go through CBP with someone's passport? With all the scrutiny there, I am surprised anyone could pull this off

According to the state department, the US didn't start using biometric passports until 2007, so your friend could have used an old passport that didn't have biometrics.

[ikeNme 38]

I just wanted to make the point that the person who gave him his passport to use is probably going to be in serious trouble as well. Even if he now tries to claim that he "lost" his passport, I think under the circumstances, they are going to look into it. You initially said he was "working using his friends papers"......that will also get the other person in trouble because if a job Is reporting Social Security wages under someone's social that is not actually working there is going to be a big fraud case with that too. Your biggest question shouldn't be "HOW he managed to go through CBP with someone's passport"....but how is he now going to save himself, the owner of the real passport, and his wife from spending a considerable time in federal prison.

I feel like this topic is fishing for answers for someone to get away with a serious offense, but believe me, VJ members are not going to help with that. Best of luck to your .....friend?

[aaron2020 11,651]

He is so FUBAR for claiming to be a US citizen to government officials to gain entry into the US. This is NEVER taken lightly. There is no waiver. It's game over.

Your friend and his wife may have to accept that he will spend the rest of his life here as an illegal immigrant subject to deportation. Will not matter that he has a USC wife or USC babies.

Google "false claim to US citizenship" and you will find no waiver is possible. Your friend is toast.

Edited November 14, 2015 by aaron2020