Misrepresentation and AOS

[ceadsearc 515]

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

Right, but there are a lot of scenarios. OP could have had a real SSN that was simply not work eligible and lied, they could have lied and given a total fake one, etc. I know nothing about G visas so I do not know if the OP had one, but plenty of people legally have SSNs without being LPRs, USCs, or misrepresenting - many F-1s, for example.

[AmyWrites 593]

Don't file anything before getting an excellent lawyer.

[Sandra G. 5,016]

Start making plans to live in your home Country with your husband or in a third Country.

http://www.philadelphiaimmigrationlawyerblog.com/2008/05/false_claim_to_us_citizenship_and_its_unintended_consequences.html

[jdh 103]

Right, but there are a lot of scenarios. OP could have had a real SSN that was simply not work eligible and lied, they could have lied and given a total fake one, etc. I know nothing about G visas so I do not know if the OP had one, but plenty of people legally have SSNs without being LPRs, USCs, or misrepresenting - many F-1s, for example.

Sure. I guess my point would be that it doesn't really matter how he got an SSN...the SSN isnt necessarily the misrepresentation issue. It would be on all the forms like for employment where it says to check if you are a us citizen or another box for permanent residents etc.

I guess there isnt much help we can give at this point..lWithout the OP giving more information in regards to how he didn't realize he was an alien or when he misrepresented it would be really hard for us to do anything but speculate.

I would suggest either sharing more info or high tailing it to a qualified lawyer, if you can find one of those.

[Gosia & Tito 199]

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

About 15-20 years ago, it was not difficult to get a SSN; even without being a LPR; all that was needed was state you needed to open a bank account and you did get one, even as a tourist visa holder and it was all legit (and often it did not even said you could not work). Many F-1s in the early 90s were able to get a SSN directly from SSA reps coming to their colleges, and since it was ok/legal to work in campus often the "non valid to work" was not written in the card; and there was no misrepresentation of any kind.

Back then there was no I-9. It's only in the past 10-12 that you would need to prove legal status to get a SSN; and the I-9 started about early/mid 90s if I recall correctly.

Given the age of the OP, it is likely he/she has a valid SSN that does not say he cannot work without an EAD. Not to excuse or rationalize the OP, but If the OP was in the country since very young age, it is not unrealistic to think the he/she is a citizen; unless he is explicitly told otherwise; in the volunteer work I do advocating for children I see this with some frequency. Obviously the OP found at some point he was not and then it depends on whether he kept the misrepresentation.

A good attorney is a must here.

Edited May 20, 2012 by Gosia & Tito

[ceadsearc 515]

Sure. I guess my point would be that it doesn't really matter how he got an SSN...the SSN isnt necessarily the misrepresentation issue. It would be on all the forms like for employment where it says to check if you are a us citizen or another box for permanent residents etc.

I guess there isnt much help we can give at this point..lWithout the OP giving more information in regards to how he didn't realize he was an alien or when he misrepresented it would be really hard for us to do anything but speculate.

I would suggest either sharing more info or high tailing it to a qualified lawyer, if you can find one of those.

Definitely agree with that. Unless both of OP's parents are USCs, among other criteria (but isn't a G visa a diplomat or government visa? So probably not) then there really is no remedy.

[fallback 0]

Thank you everyone for your reply.

I spoke with an attorney and he gave me some advice. I'm not sure if he's blowing steam in order to get money from me but this is basically the scenario he laid out:

I would have to voluntarily return to my home country and apply for a non-immigrant k3 visa. He said that my false claims to citizenship will be eligible for a waiver since I am now applying for entry into the country a s a non immigrant.

How probably is this?

Thank you everyone for your reply.

I spoke with an attorney and he gave me some advice. I'm not sure if he's blowing steam in order to get money from me but this is basically the scenario he laid out:

I would have to voluntarily return to my home country and apply for a non-immigrant k3 visa. He said that my false claims to citizenship will be eligible for a waiver since I am now applying for entry into the country a s a non immigrant.

How probably is this?

[United1878 1]

Thank you everyone for your reply.

I spoke with an attorney and he gave me some advice. I'm not sure if he's blowing steam in order to get money from me but this is basically the scenario he laid out:

I would have to voluntarily return to my home country and apply for a non-immigrant k3 visa. He said that my false claims to citizenship will be eligible for a waiver since I am now applying for entry into the country a s a non immigrant.

How probably is this?

Thank you everyone for your reply.

I spoke with an attorney and he gave me some advice. I'm not sure if he's blowing steam in order to get money from me but this is basically the scenario he laid out:

I would have to voluntarily return to my home country and apply for a non-immigrant k3 visa. He said that my false claims to citizenship will be eligible for a waiver since I am now applying for entry into the country a s a non immigrant.

How probably is this?

Of course he is blowing your steam. The truth of the matter is that there is no waiver for false claim to US citizenship unless you can get a presidential pardon or from the entire congress I think. No two ways or short cut to it. But if you have the money to spare and you just wanna give him some, it's up to you. I'd say you ditch him asap. I'm sorry for this situation.

[VanessaTony 3,567]

Thank you everyone for your reply.

I spoke with an attorney and he gave me some advice. I'm not sure if he's blowing steam in order to get money from me but this is basically the scenario he laid out:

I would have to voluntarily return to my home country and apply for a non-immigrant k3 visa. He said that my false claims to citizenship will be eligible for a waiver since I am now applying for entry into the country a s a non immigrant.

How probably is this?

It's extremely unlikely that you will overcome this. Here is the applicable law: http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-26573/0-0-0-40276.html you can see under waiver it says NO WAIVER for an immigrant visa, but there is one for a non-immigrant visa (explained more here: http://www.state.gov/documents/organization/87150.pdf). I believe the K3, like the K1 is technically a nonimmigrant visa, however you STILL need to apply for AOS once here in the US... and you still have the same issues there.

I suggest you speak to another lawyer.

[fallback 0]

It's extremely unlikely that you will overcome this. Here is the applicable law: http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-26573/0-0-0-40276.html you can see under waiver it says NO WAIVER for an immigrant visa, but there is one for a non-immigrant visa (explained more here: http://www.state.gov/documents/organization/87150.pdf). I believe the K3, like the K1 is technically a nonimmigrant visa, however you STILL need to apply for AOS once here in the US... and you still have the same issues there.

I suggest you speak to another lawyer.

To be clear, if I apply for an immigrant visa I would technically be eligible for a waiver, but an AOS is an AOS to an immigrant visa which makes me ineligible for a waiver.

Thanks for the info.

Edited May 24, 2012 by fallback

[jdh 103]

To be clear, if I apply for an immigrant visa I would technically be eligible for a waiver, but an AOS is an AOS to an immigrant visa which makes me ineligible for a waiver.

Thanks for the info.

That's not what they said.

[Kiwi123 8]

Thank you everyone for your reply.

I spoke with an attorney and he gave me some advice. I'm not sure if he's blowing steam in order to get money from me but this is basically the scenario he laid out:

I would have to voluntarily return to my home country and apply for a non-immigrant k3 visa. He said that my false claims to citizenship will be eligible for a waiver since I am now applying for entry into the country a s a non immigrant.

How probably is this?

The others are so right. Browse for another lawyer asap, a really good one.

And I think you should not go to your original country. As you leave the US, there's no guarantee you can get back here. Not to mention you've been here since you were 4, your country is merely a strange place, not your home country.

[Lucyb 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 alsyo 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

Don't get out of the country you will be ban for life, I'm going through that at the moment..What ever you do not get out and don't spend your money at the time there is nothing you can do to change your status.

[Moomin 292]

Thank you everyone for your reply.

I spoke with an attorney and he gave me some advice. I'm not sure if he's blowing steam in order to get money from me but this is basically the scenario he laid out:

I would have to voluntarily return to my home country and apply for a non-immigrant k3 visa. He said that my false claims to citizenship will be eligible for a waiver since I am now applying for entry into the country a s a non immigrant.

How probably is this?

Thank you everyone for your reply.

I spoke with an attorney and he gave me some advice. I'm not sure if he's blowing steam in order to get money from me but this is basically the scenario he laid out:

I would have to voluntarily return to my home country and apply for a non-immigrant k3 visa. He said that my false claims to citizenship will be eligible for a waiver since I am now applying for entry into the country a s a non immigrant.

How probably is this?

Being eligible to file a waiver does not equal having a waiver approved. Far from. Having claimed to be a US citizen is the deal breaker no matter where or which path you take regarding immigration. The background check combined with your truthful(or untruthful) answers on any form you submit will kill your chances.

An immigration attourney that knows every little corner of INA and especially how to go about having claimed to be a USC is what you're looking for. That, or go to the link already provided in this tic. THere's an attourney who deals with waivers and she has chats once a week where you can ask a question. If she won't take your case because there's no waiver/positive outcome, then re-think what your options are from there on.

[Boiler 43,434]

Not eligible for filing a waiver.

Best bet is to carry on carrying on.

Edited August 2, 2012 by Boiler