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Misrepresentation and AOS

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Filed: Timeline

Hello,

I would like to give you some background information. I came to the US when I was 4 years old in 1996 as a dependent under my mother’s G2 visa. The visa expired a few years later and I have since been out of status. During those years I have misrepresented myself as a US citizen (at the time I originally claimed I was a USC I did not know I was not). Nevertheless, the misrepresentations vary from filling out a FASFA, state financial aid, job applications, and also obtaining a driver’s license in a state that uses S.A.V.E (bad history I know).

I am now married and attempting to adjust my status through my spouse. Since I am employed I put my employer on my I-485 form and other documents for the AOS process. Given my history plus the fact that I am currently working while out of status what is the probability of my i-485 being denied?

If I am denied will I be eligible to file a i-601? If so, will I have to leave the country to file it?

Thank you

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Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline

Hello,

I would like to give you some background information. I came to the US when I was 4 years old in 1996 as a dependent under my mother’s G2 visa. The visa expired a few years later and I have since been out of status. During those years I have misrepresented myself as a US citizen (at the time I originally claimed I was a USC I did not know I was not). Nevertheless, the misrepresentations vary from filling out a FASFA, state financial aid, job applications, and also obtaining a driver’s license in a state that uses S.A.V.E (bad history I know).

I am now married and attempting to adjust my status through my spouse. Since I am employed I put my employer on my I-485 form and other documents for the AOS process. Given my history plus the fact that I am currently working while out of status what is the probability of my i-485 being denied?

If I am denied will I be eligible to file a i-601? If so, will I have to leave the country to file it?

Thank you

Representing yourself as a US citizen when you aren't will get you a ban for life doubt any waiver will allow you to stay


10/02/2010 Nikah/Marriage in Karachi
USCIS JOURNEY
11/10/2010 -Sent
03/24/2011 i 130 approved!!!
NVC JOURNEY
03/30/2011 NVC received case-04/07/2011 NVC Case Number Assigned
05/03/2011 CASE COMPLETE- In Que for INTERVIEW!!-05/17/2011 Received interview letter and info via email
EMBASSY JOURNEY
05/20/2011 Medical Appt/passed
06/15/2011 Interview result AP
06/21/2011 Submitted requested docs..under review
07/25/2011 CO called did phone interview result: PENDING MANDATORY AP/CO told us they have to do namechecks

03/07/2013 Case returned to USCIS waiting for NOIR/reaffirmation

04/18/2013 USCIS received case for review

08/19/2013 Received NOIR to respond by 9/18/2013

9/9/2013 Responded to NOIR/USCIS received documents awaiting response

9/20/2013 USCIS reaffirmed sent to embassy

1/04/14 Case opened for review

8/31/15 Interview- no questions visa approved on the spot

9/8/15 visa status issued

9/10/15 visa received

9/19/15 POE Charlotte

p9WGm4.png

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Filed: Citizen (apr) Country: Nigeria
Timeline

Have you claimed USC since you knew you weren't , how old are your claims and how many happened after you were 18 ? If the answer to the above is 1 or more then run immediately to the best immigration lawyer you can afford and also to the site immigrate2us.net You are in more trouble than the people here can help you with. The normal result for claiming to be a USC is a lifetime ban with NO waiver possible. If there is any loophole the people here are not qualified to help you through it. Good luck


This will not be over quickly. You will not enjoy this.

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Filed: Citizen (apr) Country: Australia
Timeline

Unfortunately you will most likely be given a lifetime ban and deported. Your chances of approval are EXTREMELY slim, very nearly impossible. When doing their background checks on you they will see everything you said/did claiming to be a USC and that is the end of the line.

Your ONLY chance will depend on how young you were the last time you did it, and whether you actually thought you were a USC when you claimed to be, and WHY you thought you were. So please explain, when did you last claim to be a USC? According to your OP you're about 20. How did you get your job? What did you write on the I-9? You are not allowed to be working and you need to quit. While illegal work is forgiven for spouses of a USC, continuing to work while going through the process and KNOWING you're not allowed to be working is a blatant abuse of US laws.

Please answer the above questions and we'll be more able to tell you whether there is zero chance, or a minute chance.

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I do believe there is a precedent that if the person was a minor, if his parents were USCs, and the person reasonably believed that s/he was a USC, this can be overcome.

Chances are very slim, and you definitely need a good lawyer.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: Citizen (apr) Country: Australia
Timeline

I do believe there is a precedent that if the person was a minor, if his parents were USCs, and the person reasonably believed that s/he was a USC, this can be overcome.

Chances are very slim, and you definitely need a good lawyer.

Yep which is why i asked when he last did it because he said in his OP "at the time I originally claimed I was a USC I did not know I was not" which implies to me the first time he didn't know but he's known other times he's done it.

The next question is did he admit on the forms that he claimed to be a USC? Or is that another misrep to worry about?

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Part of the reason why they require everyone to do the biometrics is to determine things like this. Like others have said, the paper trail seems endless and I doubt it'll be hard for them to pick it up which is a "no, no" for you. Sorry about this, but it's beyond VJ so to speak.

Best of luck though!


3/21/2012 (Day 0) - I-130, I-485 and I-765 sent.

3/23/2012 (Day 1) - Delivered to USCIS.

3/27/2012 (Day 5) - E-Notification that paperwork received.

3/28/2012 (Day 6) - One check for $1,490 cashed & cleared for I-130 and I-485.

4/02/2012 (Day 11) - NOA hard copies received (x3), case status available online & bio appt. also received, dated 04/12 @ 8:00 AM.

4/10/2012 (Day 19) - Case status online says changed to RFE received.

4/12/2012 (Day 21) - Successful biometric done.

5/11/2012 (Day 50) - Complete RFE (I-864) received. Case status online changed to RFE received.

5/16/2012 (Day 55) - Online case status says: Card/ Document Production.

5/21/2012 (Day 60) - Online case status says: Card picked up by USPS.

5/24/2012 (Day 63) - EAD card in hand.

6/12/2012 (Day 82) - Testing and Interview.

7/12/2012 (Day 112) - Interview date!

7/12/2012 (Day 112) - Approved.

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Filed: Citizen (apr) Country: Jordan
Timeline

I'm just curious as to how or if you gave your employer a SS number if you were never a LPR or citizen? And how did you apply for student loans without one? unsure.gif



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I'm just curious as to how or if you gave your employer a SS number if you were never a LPR or citizen? And how did you apply for student loans without one? unsure.gif

Some people are eligible for SSNs without being LPRs or citizens & once given, a SSN is yours for life.


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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Filed: AOS (apr) Country: Canada
Timeline

Some people are eligible for SSNs without being LPRs or citizens & once given, a SSN is yours for life.

Not that hard to get an SSN if you misrepresent...


July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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Filed: Citizen (apr) Country: Finland
Timeline

Not that hard to get an SSN if you misrepresent...

The fact that a non-USC or non-LPR may have a SSN is no indication of misrepresentation. I got mine when I worked here under "optional practical training" after grad school. Perfectly legal.


“The minute I heard my first love story I started looking for you, not knowing how blind that was.
Lovers don't finally meet somewhere.
They're in each other all along.”


Jalal ad-Din Rumi

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Filed: Timeline

INA 212(a)(6)(c)(ii):

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

(II) EXCEPTION- In the case of an alien making a representation described in subclause (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 inadmissible under any provision of this subsection based on such representation.

If either of your natural parents have never been a US citizen then the exception won't apply to you. If, at any time you represented yourself as a US citizen, you knew that you were in fact NOT a US citizen then the exception does not apply to you. Someone who has violated this subsection of the INA is inadmissible forever. There is no waiver for a violation of this subsection of the INA.

You've left a substantial paper trail of your duplicity with both the federal and state governments. USCIS won't have any difficulty discovering what you've done, but they won't look unless you force them to. Filing an I-485 will force them to look. The likely result is they'll determine you are inadmissible and start removal proceedings against you. You really have no defense against this. You'll probably be deported. If you haven't sent the I-485 yet then DON'T. Hire a well qualified immigration lawyer before you do anything else.

Thanks for the informative reply.

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