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W777

Unsure of N-400 Part 12 Question 1

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Hi everyone,

I am not asking this question for myself, but for someone else.
Basically, a couple of years ago, while fresh into the immigration process and looking for a US job, they were filling out the application (I believe I-9?) and there were only two boxes: U.S. Citizen or Non-U.S. Citizen..no Permanent Resident box.

As he needed to pick one or the other to submit the application, he selected U.S. citizen (assuming they were basically asking whether or not he had eligibility to work in the US) and explained to the employer within the same application process that he is not a US citizen and didn't know for sure what box was best, so he just put that (not realizing the importance of such a question).

He did not get the job/he did not ever do that job, and he never tried to deceive the employer into believing he was a citizen.

So...my question is, when it comes time to file for N-400 (ideally in about a year) what should he do for Part 12, Question 1? ("Have you EVER claimed to be a U.S. citizen (in writing or in any other way)?")

I would like to think he would safely be able to say "No", as he made it clear to the employer at the time of the application that he was not a U.S citizen...but I am not sure if I am correct.

I would hate for him to inaccurately say "Yes"  and be forever barred from the U.S. over a simple matter of confusion.
Also, I don't know if he still has the e-mails between him & the employer he applied to, so I don't even know if he would have evidence to prove his side, if he needed to claim "Yes" for this question.

Thank you VERY much to anyone who can give some insight to this!

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Filed: K-1 Visa Country: Wales
Timeline

Sounds like a question for an Immigration Lawyer not a friend, false claim to US Citizenship can have serious consequences, now should be look to naturalise would be my question.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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You walk on a public sidewalk and by mistake you step on someone's lawn which has a big sign : Private property!

What do you do ? Do you go to the police or do you continue your walk ?  

Same answer applies to your question.

 

 

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Filed: AOS (apr) Country: Philippines
Timeline

Read literally, answer honestly.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/16: sent

12/14/16: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)
4 hours ago, wololo said:

Seems like that question was answered in an internal form or custom form from the employer (I never seen a question exactly like that in any job I've applied). So the chances of that answer being show in a background check are very low.

It's a question on the I-9 (https://www.uscis.gov/system/files_force/files/form/i-9.pdf?download=1).

https://www.uscis.gov/i-9

Quote

Use Form I-9 to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. Both employees and employers (or authorized representatives of the employer) must complete the form.

 

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/16: sent

12/14/16: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Filed: IR-1/CR-1 Visa Country:
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On 5/16/2020 at 9:08 PM, geowrian said:

Yes, but OP said " and there were only two boxes: U.S. Citizen or Non-U.S", the form I-9 has more than two boxes, and one of them clearly asks if you're a Legal Resident. That's why I think the form he filled was a custom/internal form from the employer.

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Filed: K-1 Visa Country: Wales
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1 hour ago, wololo said:

Yes, but OP said " and there were only two boxes: U.S. Citizen or Non-U.S", the form I-9 has more than two boxes, and one of them clearly asks if you're a Legal Resident. That's why I think the form he filled was a custom/internal form from the employer.

My recollection is that there used to be 2 and they added the third.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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On 5/14/2020 at 6:34 PM, W777 said:

As he needed to pick one or the other to submit the application, he selected U.S. citizen (assuming they were basically asking whether or not he had eligibility to work in the US

What is this alternative universe where only citizens have the right to work in the US, a country with no green cards, work visas, EADs.... 

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Such posts always start with "asking for a friend".....

I-9 Forms are filled only after getting the job offer & before joining the workplace (or on day 1). If they did not get the job offer or join, I doubt they filled an I9. To me it looks like it was a job application. 

 

FYI.... EVERY version of I-9 (i looked up since 2000) as options for US Citizen, Permanent Resident, Alien Authorized to Work Until.... So there should have been no excuse. 

 

As other members have stated, claiming to be a "US Citizen" in writing or any other way is a serious offense. From the USCIS website, I gathered the following: 

The most common false claims for US citizenship (when considering the N400 form) 

Registering to Vote, Voting, Checking US citizen on an I-9 form or student loan application

 

Even if this is declared on the N400 form, the USCIS needs to first determine if

1. This was for any purpose or benefit 

2. Intent to obtain a benefit (passport, gaining entry into the US, loans / benefits only meant for US citizens)

3. Intent to achieve a Purpose (employment falls under this category)

Based on the answers, they determine if there are grounds for waiver 

 

I also found the below example directly on the USCIS website

"An employer made a job offer to an alien who did not have employment authorization. In completing the USCIS Form I-9, the alien marked the box claiming U.S. citizenship with the intent to avoid the need to obtain and present a valid and unexpired employment authorization document. The alien is inadmissible since the alien made the false claim for the purpose of avoiding additional requirements under the immigration laws."

 

Since your friends did this only a few years back, I suggest you look for I-9 samples online so they can clearly see if they checked this form 

If yes, I would get legal advise. 

 


 

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56 minutes ago, R78 said:

 

 

I also found the below example directly on the USCIS website

"An employer made a job offer to an alien who did not have employment authorization. In completing the USCIS Form I-9, the alien marked the box claiming U.S. citizenship with the intent to avoid the need to obtain and present a valid and unexpired employment authorization document. The alien is inadmissible since the alien made the false claim for the purpose of avoiding additional requirements under the immigration laws."

 

Since your friends did this only a few years back, I suggest you look for I-9 samples online so they can clearly see if they checked this form 

If yes, I would get legal advise. 

 


 

Except this rationale clearly is not the case here. I would still agree that the answer must be “yes” and that the “friend” should seek legal advice to ensure that it is properly demonstrated as a misunderstanding rather than as an attempt to evade immigration laws. If it’s an I9 one must assume it’s on record somewhere. 

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Filed: AOS (apr) Country: Philippines
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Agreed with the above. Legal advice would be suggested.

Finding out if it was an I-9 or not would be a good step forward.

The main issue here is they were authorized for work at the time, so there is a valid argument that one could make that it was not material or otherwise used to obtain a benefit that they didn't already qualify for.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/16: sent

12/14/16: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Thanks for all the responses everyone! 

 

So, even if the form wasn't I-9 & was just a regular job application, is it likely still "on record" as it was an online application/some of the application discussion took place through email?

 

Not that there is an intention to hide anything, just wondering so that if he feels he can confidently answer "no," that the application doesn't pop up & make him look questionable.

 

 

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Filed: K-1 Visa Country: Wales
Timeline

I-9 is part of a regular job application.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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