Misrepresentation and AOS

[fallback 0]

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

[EAbbas 213]

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

[milimelo 4,199]

Moving to AOS from work, student, tourist visa.

[kzielu 1,147]

No waiver for what you had done. Lifetime ban.

[NigeriaorBust 4,087]

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

[VanessaTony 3,567]

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.

[Harpa Timsah 13,258]

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.

[VanessaTony 3,567]

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?

[JimVaPhuong 4,863]

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.

[United1878 1]

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!

[Cathi 5,610]

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?

[ceadsearc 515]

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?

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

[jdh 103]

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...

[pddp 240]

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.

[fallback 0]

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.