Came on Visa Waiver 2001, got SSN 2004, married USC 2005, now needs to start on papers

[leahandlucas 15]

Ok....HOWEVER...on another side..people from American Samoa are issued U.S. passports...HOWEVER...on the inside it clearly states they are "nationals" and not U.S. citizens...so that is something the SSA should be aware of...but also its probably something they dont see everyday...

And bad on his part...thinking that their uneducated knowledge would work in his favor.

[Deputy Purple 1,294]

I went and present my Samoan passport and Samoan birth certificate. They look Samoa up in the system and they asked is this American Samoa? Yes. I got my Social Security Card in mail two weeks later.

Uhm, this is not punishing him for the stupidity of the SSA Employee.

They asked a very specific question and he flat-out lied to a federal employee in order to receive federal benefits.

[Boiler 43,398]

I would agree with the Lawyer suggestion.

The ban relates to obtaining an Immigration Benefit which is not the case here.

Do not leave the US, you will have a hard job getting back in.

[Deputy Purple 1,294]

The ban relates to obtaining an Immigration Benefit which is not the case here.

So getting a SSN so you can "legally" work in the US isn't getting an immigration benefit?

Not being snide, seriously asking...

I know that my wife would be in big trouble if she claims US Citizenship to register to vote or such and that's not really an immigration benefit is it?

[HeatDeath 430]

Representing yourself fraudulently as a US citizen is a major show-stopper: I'm pretty sure the purpose (whether for immigration benefits or some other benefit) doesn't matter. Representing oneself fraudulently as "merely" a US national may possibly not be quite the same class of offense. False claims of citizenship create a potential for election fraud and other classes of serious offenses that false claims of being a US national may not. Falsely claiming citizenship may (I do not know) therefore be punished far more severely than "merely" falsely claiming US national status. You better hope this is the case. This hypothetical distinction may be your only hope.

False representation as a US national is still really, really bad, and may very possibly still have massive, unavoidable consequences with regards to adjustment of status or any other immigration/naturalization process.

If the subtle distinction between misrepresentation as a citizen and misrepresentation as a national offers any opportunity for legal relief to your situation, a really good immigration lawyer might be able to find it. At any rate, your case is complicated far beyond the ability of a group of moderately experienced amateurs in an internet forum to provide meaningful assistance. You need a really good immigration lawyer.

Edited May 5, 2010 by HeatDeath

[VanessaTony 3,567]

I would agree with the Lawyer suggestion.

The ban relates to obtaining an Immigration Benefit which is not the case here.

Do not leave the US, you will have a hard job getting back in.

Which ban? The lifetime ban? The lifetime ban applies to anyone claiming to be a US citizen. One of the links mention the specific law in question: "section 237(a)(3)(D), falsely claiming U.S. citizenship to obtain a benefit, you are going to be permanently inadmissible under section 212(a)(6)©(ii), a perpetual bar. That means, once you leave the U.S., you won't be coming back."

As stated by someone else above, the "benefit" in this case was a free and clear SSN and therefore a job that he would otherwise had had to have an EAD for and I'm also going to assume possibly a drivers licence...

Links for deportation and lifetime ban proof:

- http://answers.yahoo.com/question/index?qid=20090507082325AA4G8L1

- http://answers.yahoo.com/question/index?qid=20100314062515AAQ20f5

- http://social.moldova.org/news/false-claim-to-us-citizenship-may-result-in-deportation-203559-eng.html

- http://www.philadelphiaimmigrationlawyerblog.com/2008/05/false_claim_to_us_citizenship_and_its_unintended_consequences.html

After reading, it appears the OP MIGHT have a shot because he never claimed to be a US citizen, he claimed to be a US national which is different and has different rules. Here's the part I was talking about: "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."... waiver is mentioned so he MIGHT stand a chance.. but either way a lawyer is DEFINITELY required. The lifetime ban definitely applies to claiming to be a citizen, but not as clearly to claiming to be a National.. still... I don't think it's a huge chance, because it's obvious this was deliberate.

[Boiler 43,398]

So getting a SSN so you can "legally" work in the US isn't getting an immigration benefit?

Not being snide, seriously asking...

I know that my wife would be in big trouble if she claims US Citizenship to register to vote or such and that's not really an immigration benefit is it?

Anybody used to be able to get a SSN, it does not prove eligibility to work.

The voting thing has come up a few times, bad to register, worse to vote. I can not remember if it is a felony, a felony would mean deportable.