Denied

[Immgrant123 5]

Born c 1980

Entered US c1987. No mention of how, as a visitor, fraudulent documents?

No mention of how rest of family obtained citizenship. Did they or just saying they did.

Presumably one did to file I 130, which just proves relationship, nothing else. Also would have to enter legally to adjust in country but assuming not through a spouse surely the overstay issue would have come up?

I do not get how you can be 32 and 'assume' you are a citizen of a foreign country.

Is 245i somehow involved?

Born 78 entered 85 on a visitor's visa with mum, dad was already here. Dad got green card in 89, mum got citizenship in 2004. I did not know the difference between GC and Citizenship until it involved me. I only know my mum got her citizenship now when things started coming up and I started asking questions. I moved out when I was 16...my sisters were born here, I was born in Nigeria. To me the approval notice was my citizenship, I never even looked at the form until they asked me to bring proof via everify, when I showed them that they told me I needed do do an adjustment of status and I got right on it! It may seem plausibly but its the fact. I dont blame the system, I blame my parents and I blame myself for my assumptions. They were too busy fighting each other to give a damn and I was too busy being American to ask questions. If I knew why would I wait 13 years since my approve I-30 do to something about it? I appreciate your feedback though

[Immgrant123 5]

Question to the OP: When your mother got her citizenship in 2002, did you not question her as to what was your legal status in the US, in 2002 it seems as if your were an adult then, so this should have been of some concern for you. You also indicated that everyone else in the family attained their citizenship, is this the period that you were strained from the family. Sorry, but somethings are not adding up..... These are the same questions that a lawyer will asked, and they are the same questions that immigration will/has asked.

No I didn't, because I did not know she wasnt, to me , I just found out the dates when I started the process. I know my sisters were born here, I knew I wasn't but I assumed my approved I-130 made me citizen like Naturalization would. So its not that I did not know where I was born. I understand and the lawyer asked me those same questions.

Earlier on this thread, a person, whom I assume is an adult, said with conviction that having a social security card makes you a citizen! Even I know that isnt true! Just because some things seem like common sense to some doesnt make it common knowledge to all! I did not know! Ive had great jobs, make great money and if I had know I would have taken care of it sooner, hell if I had known I certainly wouldnt be the one offering immigration information they could use to prosecute me!

[LIFE'SJOURNEY 970]

No I didn't, because I did not know she wasnt, to me , I just found out the dates when I started the process. I know my sisters were born here, I knew I wasn't but I assumed my approved I-130 made me citizen like Naturalization would. So its not that I did not know where I was born. I understand and the lawyer asked me those same questions.

Earlier on this thread, a person, whom I assume is an adult, said with conviction that having a social security card makes you a citizen! Even I know that isnt true! Just because some things seem like common sense to some doesnt make it common knowledge to all! I did not know! Ive had great jobs, make great money and if I had know I would have taken care of it sooner, hell if I had known I certainly wouldnt be the one offering immigration information they could use to prosecute me!

Hey I understand, so what do you do now, you have to pick yourself up and move on. One thing you should not do is keep thinking that going back to Nigeria is the worst thing in the world, because it isn't. It may not be what you want to do, but what if that is the end result. Nigeria is a big country and things there are progressive. Think outside of the box. Good luck on moving forward.

[Usui Takumi 1,562]

No I didn't, because I did not know she wasnt, to me , I just found out the dates when I started the process. I know my sisters were born here, I knew I wasn't but I assumed my approved I-130 made me citizen like Naturalization would. So its not that I did not know where I was born. I understand and the lawyer asked me those same questions.

Earlier on this thread, a person, whom I assume is an adult, said with conviction that having a social security card makes you a citizen! Even I know that isnt true! Just because some things seem like common sense to some doesnt make it common knowledge to all! I did not know! Ive had great jobs, make great money and if I had know I would have taken care of it sooner, hell if I had known I certainly wouldnt be the one offering immigration information they could use to prosecute me!

Thus far what has the lawyer said to you?

[Immgrant123 5]

Thus far what has the lawyer said to you?

Laurel Scott says dont file the motion to reopen or reconsider, she said instead wait it out until deportation proceedings start and file Removal Cancellation, on grounds that I am the sole caretaker of my daughter and my mum is aging and in ill health. She thought the motions may be futile and that the removal process can be dragged out a couple years, in which time, I may be permitted to work and better prepared for what may come.

She also advised me to get a local lawyer and that the cancellation thingy may run me close to $10,000

I want to fight but I am exhausted and it has just started! I dont know what to do.

Its not that I think Nigeria is bad, its just that i cant even fathom where to start! No family no friends and a child...HOW?

Hey I understand, so what do you do now, you have to pick yourself up and move on. One thing you should not do is keep thinking that going back to Nigeria is the worst thing in the world, because it isn't. It may not be what you want to do, but what if that is the end result. Nigeria is a big country and things there are progressive. Think outside of the box. Good luck on moving forward.

Thank you!

[LIFE'SJOURNEY 970]

Laurel Scott says dont file the motion to reopen or reconsider, she said instead wait it out until deportation proceedings start and file Removal Cancellation, on grounds that I am the sole caretaker of my daughter and my mum is aging and in ill health. She thought the motions may be futile and that the removal process can be dragged out a couple years, in which time, I may be permitted to work and better prepared for what may come.

She also advised me to get a local lawyer and that the cancellation thingy may run me close to $10,000

I want to fight but I am exhausted and it has just started! I dont know what to do.

Its not that I think Nigeria is bad, its just that i cant even fathom where to start! No family no friends and a child...HOW?

Thank you!

By reaching out to local Nigerian who still have family and friends in Nigeria. Don't let this over-consume you, you must Plan for the Plan B. Yes, you can drag this out, but it will be at a cost.

What city are you located in? PM me

Edited June 21, 2011 by LIFE'SJOURNEY

[Usui Takumi 1,562]

Laurel Scott says dont file the motion to reopen or reconsider, she said instead wait it out until deportation proceedings start and file Removal Cancellation, on grounds that I am the sole caretaker of my daughter and my mum is aging and in ill health. She thought the motions may be futile and that the removal process can be dragged out a couple years, in which time, I may be permitted to work and better prepared for what may come.

She also advised me to get a local lawyer and that the cancellation thingy may run me close to $10,000

I want to fight but I am exhausted and it has just started! I dont know what to do.

Its not that I think Nigeria is bad, its just that i cant even fathom where to start! No family no friends and a child...HOW?

Thank you!

I found this in the Department of State Manual for your situation.

"You should request an advisory opinion (AO) from the Department (CA/VO/L/A) in those cases involving a false claim to U.S. citizenship or nationality to an employer on a Form I-9, Employment Eligibility Verification."

9 FAM 40.63 Notes Page 27 of 29

U.S. Department of State Foreign Affairs Manual Volume 9―Visas

So maybe regarding your I9 false claim there may be a little leeway for opinion when you enter deportation hearings. Probably not very helpful, but I thought it might provide a tiny bit of hope.

Edited June 21, 2011 by Sousuke

[Boiler 43,541]

Cancellation of Removal

I guess she told you the hardship standards needed. But I have seen it used before as a delaying tactic.

Adjustment of Status

Well you had to be in Status to adjust, and you have been out for 24 years or so, that was never going to work.

Being deported does nopt help any future visa pplication, assuming you can get around the Citizenship claim. I am going to guess this was not the only one.

Apart from your Parents obviously knowing your status, filing an I 130 is a bit of a give away.

Edited June 22, 2011 by Boiler

[Indy90 21]

Laurel Scott says dont file the motion to reopen or reconsider, she said instead wait it out until deportation proceedings start and file Removal Cancellation, on grounds that I am the sole caretaker of my daughter and my mum is aging and in ill health. She thought the motions may be futile and that the removal process can be dragged out a couple years, in which time, I may be permitted to work and better prepared for what may come.

She also advised me to get a local lawyer and that the cancellation thingy may run me close to $10,000

I want to fight but I am exhausted and it has just started! I dont know what to do.

Its not that I think Nigeria is bad, its just that i cant even fathom where to start! No family no friends and a child...HOW?

Thank you!

I would definitely recommend getting a local lawyer. I also know of some good immigration attorneys, although in a pretty limited geographical area. It might not be a bad idea to check with your local refugee center to see what immigration attorneys they recommend to people, because there are a lot of bad ones, but also a lot of terrific immigration attorneys. Cancellation is obviously not the ideal for of relief to apply for-you do face an uphill battle with cancellation of removal, considering that there is a fixed number (4,000???) granted annually, but it does buy you time in the United States even if it ultimately is not approved, and who knows what might happen in the next couple of years. Sitting down with an attorney for an hour or two to really delve into your situation perhaps could paint a clearer picture if there are other options as well, although I imagine your attorney was pretty thorough.

[Immgrant123 5]

I found this in the Department of State Manual for your situation.

"You should request an advisory opinion (AO) from the Department (CA/VO/L/A) in those cases involving a false claim to U.S. citizenship or nationality to an employer on a Form I-9, Employment Eligibility Verification."

9 FAM 40.63 Notes Page 27 of 29

U.S. Department of State Foreign Affairs Manual Volume 9―Visas

So maybe regarding your I9 false claim there may be a little leeway for opinion when you enter deportation hearings. Probably not very helpful, but I thought it might provide a tiny bit of hope.

Thanks...that does help!

[JimVaPhuong 4,863]

Laurel Scott says dont file the motion to reopen or reconsider, she said instead wait it out until deportation proceedings start and file Removal Cancellation, on grounds that I am the sole caretaker of my daughter and my mum is aging and in ill health. She thought the motions may be futile and that the removal process can be dragged out a couple years, in which time, I may be permitted to work and better prepared for what may come.

She also advised me to get a local lawyer and that the cancellation thingy may run me close to $10,000

I want to fight but I am exhausted and it has just started! I dont know what to do.

Its not that I think Nigeria is bad, its just that i cant even fathom where to start! No family no friends and a child...HOW?

The removal process probably won't be dragged out for years, at least not based on a cancellation of removal petition. You aren't eligible for cancellation of removal. Under INA 240(b)(1):

(1) IN GENERAL.-The Attorney General may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien-

(A) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application;

(B) has been a person of good moral character during such period;

(C )

has not been convicted of an offense under section

212(a)(2), 237(a)(2) , or

237(a)(3)

, subject to paragraph (5); and

(D) establishes that removal would result in exceptional and extremely unusual hardship to the alien's spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.

BTW, the "subject to paragraph (5) is referring to a possible waiver for a domestic violence conviction.

Under INA 237(a)(3)(D):

(D) FALSELY CLAIMING CITIZENSHIP-

(i) IN GENERAL- Any alien who falsely represents, or has falsely represented, himself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A ) or any Federal or State law is deportable.

(ii) EXCEPTION- In the case of an alien making a representation described in clause (i), if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), 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, the alien shall not be considered to be deportable under any provision of this subsection based on such representation.

So, you're back at square one. INA 240(b)(1)(D) says you can't be granted cancellation of removal if you are found guilty of an offense under 237(a)(3), among others. INA 237(a)(3)(D) covers the false claim of citizenship.

Cancellation of removal is mainly for people who are deportable for immigration violations. I'm not sure it would work even as a delaying tactic in your case. Your only "out", from what I can see, is the exception that requires both of your parents to be US citizens.

[Immgrant123 5]

The removal process probably won't be dragged out for years, at least not based on a cancellation of removal petition. You aren't eligible for cancellation of removal. Under INA 240(b)(1):

(1) IN GENERAL.-The Attorney General may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien-

(A) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application;

(B) has been a person of good moral character during such period;

(C )

has not been convicted of an offense under section

212(a)(2), 237(a)(2) , or

237(a)(3)

, subject to paragraph (5); and

(D) establishes that removal would result in exceptional and extremely unusual hardship to the alien's spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.

BTW, the "subject to paragraph (5) is referring to a possible waiver for a domestic violence conviction.

Under INA 237(a)(3)(D):

(D) FALSELY CLAIMING CITIZENSHIP-

(i) IN GENERAL- Any alien who falsely represents, or has falsely represented, himself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A ) or any Federal or State law is deportable.

(ii) EXCEPTION- In the case of an alien making a representation described in clause (i), if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), 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, the alien shall not be considered to be deportable under any provision of this subsection based on such representation.

So, you're back at square one. INA 240(b)(1)(D) says you can't be granted cancellation of removal if you are found guilty of an offense under 237(a)(3), among others. INA 237(a)(3)(D) covers the false claim of citizenship.

Cancellation of removal is mainly for people who are deportable for immigration violations. I'm not sure it would work even as a delaying tactic in your case. Your only "out", from what I can see, is the exception that requires both of your parents to be US citizens.

Oh My! I'm dead!

Edited June 22, 2011 by Immgrant123

[Brother Hesekiel 2,235]

I believe JimVaPhuong is --by a wide margin--the most competent VJ member in these issues here. I also believe that without a top notch expert attorney who's specialized in deportation issues (Laurel does I-212 and I-601s), you'll find yourself on a plane to Nigeria very soon.

I have one question: when exactly did you fill out hat I-9 form? Do you have a copy of it? Did it say "US citizen" or did it say "US citizen or US national"? Did it have 3 choices or 4?

[deleted this acco 44]

Oh My! I'm dead!

I will say a prayer for you&your daughter. God can do miracles.

[Usui Takumi 1,562]

I think I know where Just Bob is coming from. There are a few recent cases that might help you.

First:

http://www.nilc.org/immsemplymnt/ircaempverif/irca058.htm

Here, depending on how you filled the I 9 out (see Just Bob's comments) you may have an out. I think the form switched in 08 or 09, and even if you filled out later the employer could have given you the old form

Here's another:

http://www.uslegalvisa.com/files/legal-library/immigration/24-IN-Dec-625.pdf

Edited June 22, 2011 by Sousuke