Denied

[HannahP 119]

Does not say you are citizen but does replace the green card. If you have green card and receive SS #, you are asked to tear up the green card. Most of the time when you go for change of status interview you are told to bring in green card to show it destroyed in front of Immigration interviewer. There was no reason for you to apply for green card.

You've been spouting misinformation all over the board it seems...

[Indy90 21]

You can give a shot, but in the case like thing I don’t know what even lawyer can do. Lawyer cannot make up another law where USC can claim himself to be USC on employment forms etc.

Honestly I don’t see much options, I was thinking he might be able to battle it out only if he was under 18 and his parents became USC… but as per the JIM (Who I think is resident expert on the forum) that could be too late as well.

I think it still is a good idea to see a lawyer. Even if a case seems hopeless, a GOOD immigration attorney sometimes can overcome cases that on the surface seem hopeless. I know little about the OP's background, but I believe that there are certain visa types that the OP might be eligible for even if the false claim cannot be overcome. For example, without more information, who knows if she might qualify for a U-visa, which I believe can trump a false claim (PLEASE note that I am putting a disclaimer on this though, because I am may be wrong and in the case that I am, please correct me).

[LIFE'SJOURNEY 970]

She can not file for a U visa, she is not a victim of a crime (has not been harmed or in harms way by something that has happen to her). The petitioner and her family have just used poor judgement when it came to laws of immigration.

Now to answer the OP's question, yes they can and will deport you, even with a USC child, and even if you had only lived in your birth country up to the age of 7. They do not care that the rest of your family is now in the US legally, they did not break the immigration law. I am only addressing your questions as you asked them. Disclaimer: this is by no way my opinions.

[Indy90 21]

She can not file for a U visa, she is not a victim of a crime (has not been harmed or in harms way by something that has happen to her). The petitioner and her family have just used poor judgement when it came to laws of immigration.

Now to answer the OP's question, yes they can and will deport you, even with a USC child, and even if you had only lived in your birth country up to the age of 7. They do not care that the rest of your family is now in the US legally, they did not break the immigration law. I am only addressing your questions as you asked them. Disclaimer: this is by no way my opinions.

Obviously the lack of communication that has put her in this situation does not qualify for a U-visa, but we do not know if there have been other events in her life that may (for everyone's information, a U-visa is for people that show that have been victims of felonious crimes, show that they have suffered physical or mental abuse as a result of the crime, cooperate with the police, etc. etc.).

All I am saying is that there is a lot that we cannot know here. An immigration attorney will be able to delve much further into her situation/past than we will. What I am trying to do is encourage her to go to an immigration lawyer and not take someone's advice here who says that her situation is too hopeless; who knows if she may end up finding that she qualifies for something beyond the basic problem that she is facing. I would hate for her to get deported without exploring every possibility.

Edited June 20, 2011 by Indy90

[LIFE'SJOURNEY 970]

Obviously the lack of communication that has put her in this situation does not qualify for a U-visa, but we do not know if there have been other events in her life that may (for everyone's information, a U-visa is for people that show that have been victims of felonious crimes, show that they have suffered physical or mental abuse as a result of the crime, cooperate with the police, etc. etc.).

All I am saying is that there is a lot that we cannot know here. An immigration attorney will be able to delve much further into her situation/past than we will. What I am trying to do is encourage her to go to an immigration lawyer and not take someone's advice here who says that her situation is too hopeless; who knows if she may end up finding that she qualifies for something beyond the basic problem that she is facing. I would hate for her to get deported without exploring every possibility.

Then we should only deal with the facts as they are presented to us. You just made a whole bunch of assumptions. Yes, she should be dealing with a qualified lawyer regarding her case.

[francastor 1]

Not an expert or anything but doesn't the I- 601 address this issue?

[LIFE'SJOURNEY 970]

Not an expert or anything but doesn't the I- 601 address this issue?

Nope... Life time ban for claims of being a USC, when you are not. No waviers.....

[LoveNigarmostyle 164]

I agree gather your evidence, and see a good immigration attorney. Good luck!

[francastor 1]

Nope... Life time ban for claims of being a USC, when you are not. No waviers.....

Ah I didn't know that; and I just checked the I-601 form and it is VERY specific that it DOES NOT include citizenship misrepresentation, so I was wrong on that.

Basically she just have to make them believe that she didn't do it intentionally, so there's still hope I would think.

[Indy90 21]

Then we should only deal with the facts as they are presented to us. You just made a whole bunch of assumptions. Yes, she should be dealing with a qualified lawyer regarding her case.

No assumptions made on my part, but rather from a few posters (not the vast majority) that assume that she automatically does not qualify for anything because of the false claim. I think that it is better to provide her with a hypothetical example of how a lawyer could potentially be able to review her circumstances and hopefully find a remedy rather than assuming that there is no hope. Obviously, she faces an uphill battle and very well might not have any forms of relief available to her, but I want to provide every bit of encouragement that I can to see an attorney.

Ah I didn't know that; and I just checked the I-601 form and it is VERY specific that it DOES NOT include citizenship misrepresentation, so I was wrong on that.

Basically she just have to make them believe that she didn't do it intentionally, so there's still hope I would think.

Yep, point 9, part A makes it pretty clear. It seems pretty harsh, but there are a lot of issues that could arise with people making false claims (voter fraud, for example). http://www.uscis.gov/files/form/i-601instr.pdf

[Sergi9 110]

So my Green CARD Application was denied and I was told I couldn't appeal! They said I needed to leave the country within 30 days or file a motion to reopen or reconsider! Leave for where? I came to the country when I was 7 years old and I am now 32!

I was denied because I admitted I misrepresented myself as a US citizen on my I-9 document and I filed unemployment as well. I told them this because I believe I was a US citizen, everyone in my household was and I remember my mu telling me my i-130 was approved, I thought that was it! I cant afford a lawyer, they canceled my EAD, I can even afford the fees to file a reconsider motion! My daughter is a US citizen and I am a single parent! What is my best bet at this point? Please help!!

Ok there is some inconsistency in your statement. Why if you were thinking you were a US Citizen did you apply for a greencard? What prompted that? Who advised you to do that?

At this point you do not need a good Immigration Attorney you need a BRILLIANT Immigration Attorney. By all means file the MTR within the allotted time and seek help from an immigration attorney who is noted for pulling rabbits out of the hat, say for instance Carl Shusterman. The fact that you have a US Citizen child and are a single parent lets the government use discretion, you just have to get an attorney to communicate that. Your case sounds like it may have a hat to hang on so don't flake out and panic, get legal help. If the attorney can work out payment plan and get you EAD you might be able to work while this winds it way through the courts.

[Harsh_77 716]

Agree with your post aside from this part.

You can be issued a SSN and not be authorized to work.

My niece and nephew has had the SSN number since they were born. Now they made it mandatory to have offer letter in order to get SSN for F1 students, during my time you did not need the job, one can just approach the ssn office and get a ssn number.

[Deputy Purple 1,294]

My niece and nephew has had the SSN number since they were born. Now they made it mandatory to have offer letter in order to get SSN for F1 students, during my time you did not need the job, one can just approach the ssn office and get a ssn number.

To prove my point (that having SSN Card/Number does not authorize one to work in the US) I only need to give a single example:

K-1 Visa Entrants can get a SSN before they're married. They can't even apply for EAD until AFTER they are married. Of course they are issued card which state specifically that they are not valid for work without authorization. So there I have given 2 examples (K-1 entrant and the mere fact that SSN Card are issued with the mentioned annotation) to support my statement that simply having a SSN Number doesn't authorize one to work.

[Immgrant123 5]

Ok there is some inconsistency in your statement. Why if you were thinking you were a US Citizen did you apply for a greencard? What prompted that? Who advised you to do that?

At this point you do not need a good Immigration Attorney you need a BRILLIANT Immigration Attorney. By all means file the MTR within the allotted time and seek help from an immigration attorney who is noted for pulling rabbits out of the hat, say for instance Carl Shusterman. The fact that you have a US Citizen child and are a single parent lets the government use discretion, you just have to get an attorney to communicate that. Your case sounds like it may have a hat to hang on so don't flake out and panic, get legal help. If the attorney can work out payment plan and get you EAD you might be able to work while this winds it way through the courts.

I only applied last year, I indicated US citizen as usual at a new job and they ran it through Everify which let me know I wasnt, I went to social securty administration and they advised me I only had an approve I-130 and needed to do an adjustment of status! I am freaking out! If I knew I did something wrong why would I go disclose to USCIS that I filled out citizen? They didnt even ask me! OMG I guess this is the price of being honest...I have never violated any laws and I even file taxes...I feel like my life is over! I havent worked since August last year when this all happened and consultation alone was $200 ...Ill see what Laurel Scott says tomorrow!

Thanks again yall

[Immgrant123 5]

Obviously the lack of communication that has put her in this situation does not qualify for a U-visa, but we do not know if there have been other events in her life that may (for everyone's information, a U-visa is for people that show that have been victims of felonious crimes, show that they have suffered physical or mental abuse as a result of the crime, cooperate with the police, etc. etc.).

All I am saying is that there is a lot that we cannot know here. An immigration attorney will be able to delve much further into her situation/past than we will. What I am trying to do is encourage her to go to an immigration lawyer and not take someone's advice here who says that her situation is too hopeless; who knows if she may end up finding that she qualifies for something beyond the basic problem that she is facing. I would hate for her to get deported without exploring every possibility.

Thank you! I can really use the encouragement...like where do I start? I dont know ANYONE in Nigeria! So I get there and then what? I'm sooooo screwed! And they revoked my EAD so I cant even work pending sorting this out! I swear I'm totally suicidal! Ive lost my home, my car...I cant pay legal fees...Im doomed