Naturalization Interview Concern

[sciencenerd 56]

You will be asked that but just be honest. In the meantime stop worrying. You would only be penalized if you lie. Everything will be okay. Just make a check list of everything that you should take with you and know the answers to the one hundred questions although you will only be asked 10. Once you get 6 right though, that's it. The officers are really nice and respectful. Try not to worry so much. All the best.

While it would be nice if this was true, there's a very good chance it will not be okay. The OP does need to be honest, but this is a very serious matter. It may do no good to worry about it at this point assuming a lawyer is now on board, but to tell the OP that everything will be okay is probably not the way to go. A lie about it (including a lie by omission) would be very, very bad - even if they don't catch it now, that's the kind of thing that gets citizenship revoked when they do discover it (remember, they already have it in their files since the OP discussed it at their AOS interview). However, being honest won't make it a non-issue - it will need to be addressed.

[EspoMan 4]

While it would be nice if this was true, there's a very good chance it will not be okay. The OP does need to be honest, but this is a very serious matter. It may do no good to worry about it at this point assuming a lawyer is now on board, but to tell the OP that everything will be okay is probably not the way to go. A lie about it (including a lie by omission) would be very, very bad - even if they don't catch it now, that's the kind of thing that gets citizenship revoked when they do discover it (remember, they already have it in their files since the OP discussed it at their AOS interview). However, being honest won't make it a non-issue - it will need to be addressed.

In reality, how often does USCIS catch that stuff after someone is given USC? In just curious.

[sciencenerd 56]

In reality, how often does USCIS catch that stuff after someone is given USC? In just curious.

I've personally never seen it and I bet it's pretty close to never, but it's not a chance I personally would want to take. I wouldn't want it hanging over my head for life that there is just cause to revoke my citizenship and ban me forever, no matter how remote the possibility. If you pissed off the right person who knew about it, and they reported you to someone who thought it worth investigating, you'd be screwed. Or, if there was some other reason for them to review your immigration records (maybe for security clearance?), it wouldn't be hard to figure out.

[EspoMan 4]

I've personally never seen it and I bet it's pretty close to never, but it's not a chance I personally would want to take. I wouldn't want it hanging over my head for life that there is just cause to revoke my citizenship and ban me forever, no matter how remote the possibility. If you pissed off the right person who knew about it, and they reported you to someone who thought it worth investigating, you'd be screwed. Or, if there was some other reason for them to review your immigration records (maybe for security clearance?), it wouldn't be hard to figure out.

Makes sense.

[NevisianDiamond 2]

You and I are basically saying the same thing. I have informed him/her that they would be penalized if they lie. It's a scary process and I was just trying to let them know that worrying won't make it any better. Their lawyer will inform them as to what to do.

[Zamerica 0]

Thanks for all the responses people. Here's an update:

I talked to a lawyer and he's advised me to postpone the interview for now until he can do a little more digging on the issue. First of all he says that the officer that interviewed me for AOS may not have written anything down in the file which may not hurt my case as things stand but that in the event he wrote something down, a new officer that interviews me could want to review the AOS file if I answer yes and could even revoke my GC since his view would be that it should not have been given in the first place. That's the worst case scenario he says but even though the chance is small, the consequences are too big and the attorney says he may advise that I abandon the application to remain on the safe side (i.e. don't go to the interview). The attorney will get back to me this week with a final recommendation. Will update when I hear back.

[Dakine10 5,452]

Thanks for all the responses people. Here's an update:

I talked to a lawyer and he's advised me to postpone the interview for now until he can do a little more digging on the issue. First of all he says that the officer that interviewed me for AOS may not have written anything down in the file which may not hurt my case as things stand but that in the event he wrote something down, a new officer that interviews me could want to review the AOS file if I answer yes and could even revoke my GC since his view would be that it should not have been given in the first place. That's the worst case scenario he says but even though the chance is small, the consequences are too big and the attorney says he may advise that I abandon the application to remain on the safe side (i.e. don't go to the interview). The attorney will get back to me this week with a final recommendation. Will update when I hear back.

No, the worst case scenario is they initiate removal proceedings and hit you with a lifetime ban. If they do have evidence from your AOS, that is what will happen. The lawyer won't be able to help. There are very few scenarios in which one can get away with a false claim to being a USC, and yours is not one of them.

Best of luck. If it was me, I would withdraw the N400 altogether. Any LPR who has a false claim of USC should forget about naturaliztion. Better to stay as a LPR than get permanently removed.

[ConcordUser 18]

No, the worst case scenario is they initiate removal proceedings and hit you with a lifetime ban. If they do have evidence from your AOS, that is what will happen. The lawyer won't be able to help. There are very few scenarios in which one can get away with a false claim to being a USC, and yours is not one of them.

Best of luck. If it was me, I would withdraw the N400 altogether. Any LPR who has a false claim of USC should forget about naturaliztion. Better to stay as a LPR than get permanently removed.

I agree with Dakine. I would say withdraw your application and remain as LPR. If and when you decide you do not want to remain as LPR and ready to give up then you can apply for N400 and loose your LPR officially and get deported.

Edited March 12, 2012 by ConcordUser

[EspoMan 4]

I agree with Dakine. I would say withdraw your application and remain as LPR. If and when you decide you do not want to remain as LPR and ready to give up then you can apply for N400 and loose your LPR officially and get deported.

That's pretty harsh. How are you certain he will get deported??

[Brother Hesekiel 2,235]

Zamerica,

let me give you an answer that doesn't require an essay. To understand it I want you to google "false claim of citizenship defense I-9" and read everything about it, okay?

Here's one article, and it basically tells the story.

http://research.lawy...itizenship.html

Your defense is that you have marked on the I-9 "U.S. citizen or national." The deal breaker, the naturalization suicide is to claim to be a U.S. citizen when you are not. But if you only marked that field, you could have claimed to be a U.S. national only.

Sure, you are not a U.S. national either, but what matters here is that claiming to be a U.S. national is something they forgot to put in the book. So by marking the old I-9 form, you can freely admit that you falsely claimed to be a U.S. national, where the color of your skin for a change will work in your favor, as claiming this would mean that you are from American Samoa where 99.9% of the population is black, but you did not claim to be a U.S. citizen.

The ambiguity of the old form is the only valid defense, one that case law has already established, and an immigration attorney who is into this stuff knows this by heart. If she doesn't, consult another one, and another one, until you find one who knows what I know. Then hire them and have them come with you to the interview.

$1K well spent!

Edited March 13, 2012 by Brother Hesekiel

[Zamerica 0]

Thanks Brother Hesekiel for the wise advise which actually matches exactly what my attorney noted with regard to case law precedence and the old I-9. He has advised against going to the interview at this point since the consequences could be quite dire but has another strategy which relatively speaking has much less severe consequences. I'll update when appropriate but for now thanks for everyone's input. All the best to everyone!

[Dani_1502 0]

Hi I know this old but any update on your story?? Hope everything went okay.

[TBoneTX 43,422]

The OP hasn't logged on to VJ since 2013.

Thread from 2012 is now locked to further comment.