N400 Naturalization Interview False Claim Issue

[sosiw 0]

I had my interview today and i told the truth about checking the "u.s. citizen" box in a job application over 10 years ago. It was with a private company. I had checked no in my N400 but remembered later I had done that so when they asked if i had ever claimed to be a USC i said yes. They went ahead and did the test and i passed. They gave me form N652 with the "decision cannot be made" box checked. Am I screwed? I know a lot of people lie and get away with it but I didnt want to lie. Any hope for me? I have been married and still married and i love my husband dearly. Worst thing is we just found out yesterday that he has a heart condition so this news is really stressing. I'm panicked. I don't know what to do. Someone please help. Thank you so much for your time.

[sosiw 0]

Also they had me verify my info as it would appear on certificate and asked me to sign. Would they do that if intending to deny?

[NickD 202]

Also they had me verify my info as it would appear on certificate and asked me to sign. Would they do that if intending to deny?

Been on this board for a little over two years now, and have never read about your issue before. Would think if you voted, would be in deep trouble, but did you have an EDA or LPR card at the time? Or a work visa? With this behind you, you were legal to work.

Ironically, this was never an issue until Bush brought this subject up about four years ago, that and gay marriages to hopefully get our minds off Iraq, didn't work for me. The feds didn't do a damn thing about illegals working here, except talk about it for a couple of months, then unto gay marriages. But our state sure did, not all states, but Wisconsin just has to take a lead and make employers responsible to check the documentation of all and existing employees. But did make a very corrupt decision, if a corporation takes over a family farm, not corporation wide where they can own even thousands of such farms, but for each individual farm. They can hire as many as three employees, not including the wife and kids that are expected to work as well, without any documentation.

Just saying, we are expected to be good while a corrupt government owned and paid for by large corporations can defy the law. Not only our state, but the federal government as well. The new administration is also staying far away from this issue. Variables in your case, what kind of job, and how long did you work there? Some kind of a minimum pay job? Then we still have 11-20 million undocumented as they like to say people working here.

All I can recommend in cases like yours is to find an excellent immigration attorney.

As far as I am concerned, the USCIS is equally corrupt or lax in giving my wife that stupid one year extension. Her employers legal department pulled her in ready to dismiss her with an expired green card. Took a lot of paper work to convince them how stupid the USCIS operates. But when they checked into it themselves, found all was correct, and couldn't believe what they are leading about this self law making US government agency. Ha, they blame congress, try and find a congressman that has even heard of the USCIS!

[Brother Hesekiel 2,235]

The law about "false claim of US citizenship" changed on September 30, 1996. Before that date, only a claim made in order to gain immigration benefits made the beneficiary a persona non grata. Since then, any claim, to anybody, even when made to some drunk in a bar "Sure I'm a US citizen, focker!" had this effect.

In your case, and especially in light of this being made for job benefits on an I-9 form, it would be a claim related to immigration benefits. If you are not allowed to work yet mark "US citizen or US national" on the I-9, you are gaining benefits related to immigration. To the best of my knowledge, there is no discretion an I.O. has when adjudicating any such application. He or she would have to deny your N-400, confiscate your Green Card, and initiate deportation proceedings. That's the bad news.

But there's good news as well. The new I-9 has a field for (1) USC, (2) US national, (3) LPR, and (4) non-permanent alien allowed to work. Why? Because the old one had "US citizen or US national" on one field and that was the killer of the killer. The dealbreaker was and still is a false claim of US citizenship, yet they simply forgot to include US national with that. So a LPR in court charged with false claim of US citizenship, ready to be deported based on marking his old I-9 to this effect challenged it and won by stating that when marking the field he had claimed to be a US national, not a US citizen. The court said" hmmm . . . there's indeed no way for a layman to distinguish between the two!" and thus they changed the I-9 form afterward.

Sosiw, I'm at home on a tiny netbook but PM me and I will provide you with all you need for a hopefully viable defense, should the need arise once I'm at my office.

[sosiw 0]

Thank you NickD and Just Bob. I kept thinking to myself also that I did also ask to change my name so that could be another reason why. Someone I know did the same thing (i'm finding out today)and was granted. They didnt require name change so they got theirs the same day.

[bradcanuck 1]

My personal opinion is that this won't matter at all. That's my 2c.

[sosiw 0]

My personal opinion is that this won't matter at all. That's my 2c.

Bradcanuck...I sure hope you are right. I'm sitting tight waiting. I'm learning to trust God coz it was His will that I tell the truth and I did. Have a great week.

[bradcanuck 1]

Bradcanuck...I sure hope you are right. I'm sitting tight waiting. I'm learning to trust God coz it was His will that I tell the truth and I did. Have a great week.

I have a feeling it was just a personal decision to tell the truth and if you are approved or denied it will be because of a USCIS agent, but hey whatever makes you feel better.

[sosiw 0]

Update: they sent a letter asking for copy of the application i made in 1998.

[Brother Hesekiel 2,235]

Update: they sent a letter asking for copy of the application i made in 1998.

Luckily for you, you don't have one, and your former employer doesn't have one either anymore as he wasn't required to keep one longer than 3 years after you quit. Right?

[mitra 0]

[been on this board for a little over two years now, and have never read about your issue before. Would think if you voted, would be in deep trouble, but did you have an EDA or LPR card at the time? Or a work visa? With this behind you, you were legal to work.

Ironically, this was never an issue until Bush brought this subject up about four years ago, that and gay marriages to hopefully get our minds off Iraq, didn't work for me. The feds didn't do a damn thing about illegals working here, except talk about it for a couple of months, then unto gay marriages. But our state sure did, not all states, but Wisconsin just has to take a lead and make employers responsible to check the documentation of all and existing employees. But did make a very corrupt decision, if a corporation takes over a family farm, not corporation wide where they can own even thousands of such farms, but for each individual farm. They can hire as many as three employees, not including the wife and kids that are expected to work as well, without any documentation.

Just saying, we are expected to be good while a corrupt government owned and paid for by large corporations can defy the law. Not only our state, but the federal government as well. The new administration is also staying far away from this issue. Variables in your case, what kind of job, and how long did you work there? Some kind of a minimum pay job? Then we still have 11-20 million undocumented as they like to say people working here.

All I can recommend in cases like yours is to find an excellent immigration attorney.

As far as I am concerned, the USCIS is equally corrupt or lax in giving my wife that stupid one year extension. Her employers legal department pulled her in ready to dismiss her with an expired green card. Took a lot of paper work to convince them how stupid the USCIS operates. But when they checked into it themselves, found all was correct, and couldn't believe what they are leading about this self law making US government agency. Ha, they blame congress, try and find a congressman that has even heard of the USCIS!

two days ago I asked a question here

www.visajourney.com/forums/topic/313580-living-out-of-country-for16-monthsbut-traveled-inbetween-2-times-before-six-month-rule-passescan-i-apply-for-citizenship/

since i didn't get any feedback, today i went to see a Lawyer who told me to charge me $1500 for the whole citizenship process.my friend who was with me and is applying for citizenship also asked him a question regarding n-400 question " have you ever claimed to be a U.S. citizen"?because once like you she did that too, while she wanted to enroll in a 3-month english course and she just got her GC, so she was considered out of state student for the fee purposes.

The Laywer told her that, the USCIS put this question just for the purpose of Election VOTING.

But what i read in this thread seems to me that it's not just for that and maybe i should notify my frined to not check the Yes answer, otherwise she gets into trouble.

I hope your situation gets better

[NickD 202]

Update: they sent a letter asking for copy of the application i made in 1998.

i told the truth about checking the "u.s. citizen" box in a job application over 10 years ago. It was with a private company.

More detail, did you actually get employed by that company?

Did you know exactly what a US citizen was in 1998?

How could you possibly remember you did check that US citizen box like 13 years ago?

What was your immigration status in 1998 when this alleged occurrence took place?

Was this some type of job, like with a governmental agency that required you to be a US citizen?

Does any proof of that application still exist today?

Have you every voted in any city, county, state, or federal election?

Does that company you applied for a job even exist today?

[sosiw 0]

No..i did not know what USC meant in 1998. Infact, I dont remember exactly the box i checked. i was on panic mode and i didnt want to lie. i was on F1 status then. i dotn think the job required me to be a USC coz it was a department store. they never hired me and i think they are out of business now. i did work somewhere else after that. i have no idea if that 2nd company has records. i stopped working there over a year ago. i have never voted anywhere. if i had known then what it meant to check any of those boxes, i would not have done it. i have spent my years here doing community service at my church and trying to honor God. Thank you for your time and insights.

[NickD 202]

No..i did not know what USC meant in 1998. Infact, I dont remember exactly the box i checked. i was on panic mode and i didnt want to lie. i was on F1 status then. i dotn think the job required me to be a USC coz it was a department store. they never hired me and i think they are out of business now. i did work somewhere else after that. i have no idea if that 2nd company has records. i stopped working there over a year ago. i have never voted anywhere. if i had known then what it meant to check any of those boxes, i would not have done it. i have spent my years here doing community service at my church and trying to honor God. Thank you for your time and insights.

So it looks like you painted yourself into an unneeded corner and have to find a way out of it. Could sit down and compose a one page letter in an attempt to explain your panic and false assumption, or have someone do it for you. Just openly admit you screwed up by saying that with just the key points.

Something like, "I mistakingly admitted to claim to be a US citizen in 1998 when I didn't even know what a US citizen was. It was on a job application for a now defunct small department store, and I am not even sure if I checked that US citizen box or not. I never was accepted for that position as a sales clerk at that department store. Their is no record of this application, I was very nervous at my interview and wanted to be 100% honesnt. I have never voted in any election. Please forgive me for making this mistake at my interview. I love this country and want to serve it as a US citizen. I know what a US citizen is now after living here for 13 years."

Use your own words, keep it short, unemotional, and sweet.

Had a similar situation helping my stepdaughter with battery charges they want us to prove. But that time, got very emotional. Had to slap my face and keep it very short, except, I faxed that to my senators office instead of to the USCIS. They cleared that up in minutes. Tended to start off by stating these are the most ridiculous, dumbest, charges I ever heard of in my life what idiot came up with these charges? But just listed her DOB, country of location, and her age when these alleged battery charges took place and faxed that off to my senators offices along with a copy of the letter from the USCIS without any comments. That is all it took.

[Brother Hesekiel 2,235]

First of all, I don't buy that. The old I-9 form had 3 fields, one of which you had to mark: US Citizen or National, Green Card holder, Non-Resident allowed to work. I don't buy that you don't remember that, sorry, I don't.

That said, the employer didn't send a copy of the I-9 to the INS. You were not even hired. The department store surely as hell doesn't have a copy of this on file, even if this were Bloomingdales in NY City, so this is a total non-issue. Since no documentation exists for this anywhere, you can't provide any, you need to make this die down silently and disappear.

If I had one of the old, outdated I-9 forms, I would send you a copy for your disposal, but I don't.

Edited June 9, 2011 by Just Bob