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fallback

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    fallback reacted to JimVaPhuong in Misrepresentation and AOS   
    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.
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