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dazedandconfused6

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Posts posted by dazedandconfused6

  1. Once again thank you for your input. I went back to one of the lawyers with new set of questions and wanted to update you just in case it might help someone else. But I recommend if you are in this situation, please talk to a lawyer. They see so many immigration cases that they are aware of how USCIS is processing cases at that moment.

    Basically, he said again that odds of any sort of trouble is terribly low. His example was every time we drive, we risk a horrible accident but that doesn't prevent us from driving. Also he said he personally haven't seen any such case but has heard about it from other local lawyers.

    I brought him list of cases where this was problem (old I9 with combined citizen/national box), he pointed out all of them involved either criminal element, or marriage immediately after removal proceedings were initiated, or applicant admitting during interview that he meant citizen and then changing their statements.

    I asked him about possibility of law changes. There are or had been bills to change this law but it hasn't happened yet. He thinks because of harsh punishment of this violation, most IO don't want to know this and don't ask about it. If there is a wavier created then perhaps they will start looking closely at work history. Getting a wavier is not easy, so law change may create more issues.

    I asked him about taking this long to apply for naturalization. He told this would not cause any concern. USCIS see many cases where people apply for citizenship after years or decades.

    I asked him about green card renewal forever. He said that would be fine, but there is always a chance that they might review my original application. So green card renewal is not 100% foolproof. And I will have to deal with anxiety every 10 years. But as time goes by, the chances of that I-9's existences gets lower. As EM pointed out employers don't have to keep I9s forever, most prefer to discard them as soon as law permit because of liability issues. The biggest issue would be if employer was ever was audited while they had my I-9.

    Another note, I told him I will not use his N-400 package and do application myself. He seemed convinced that I would not have any issues with or without him.

    Last I will not yet apply for citizenship. Using his example, yes we still drive even when there is a chance that we will get in horrible accident. But we have to drive, we have no choice. But most of us don't jump out of plane, because most of us are not daredevils and we don't want to take unnecessary risks. (But if I had no choice, that is I needed green card, then it would be a different story.)

  2. Thanks all.

    Just to clarify a few more things, I worked only for a year at that job. Once I got green card, I was able to get a decent job fairly quick. Other than this no issues.

    My delay in applying for citizenship is only to hope that the law would change. But it seems laws get tougher not easier.

    It is a tough decision. I am not sure what action I will take yet.

    I tell my kids that always research everything before you take any actions, big or small. Sometimes small things can have huge consequences.

  3. Hello all,

    Here is my quick story. Came here as student, fell in love got married while still going to school. Finished school. Had baby. Didn't apply for green card until then since I thought that I would get a H1 job immediately after finishing school.

    Since I could not get any employer to sponsor me, and needed money. Also since unauthorized work is forgiven for spouses of citizens, I applied at job at a major retailer and lied on I9. This was sometime in 1998. (I think I checked the combo box of citizen/national but my lawyer has me doubting that now. But 10% chance I checked greencard).

    Then we applied for green card. I listed my job on application. My green card was approved.

    3 years later, I decided to apply for citizenship but saw the question about false claim of citizenship. So I consulted a lawyer. He said to wait 10 years and then apply for citizenship.

    In 2008, consulted another lawyer, he said there is too much going on with immigration, just renew green card now and get citizenship in 10 years since consequences of false claim are so high.

    Now once again my green card is about to expire (in 2 years). With current political environment, I have my friends and family telling me to apply for citizenship as soon as possible. While unlikely, they are worried that greencards might get cancelled. (I know I know).

    I went to 2 lawyers this time and strangely they both recommended I should apply for citizenship and I have nothing to worry about. Even after I told them that I listed the job on my green card application. They said since now I9 has separate boxes for citizen and national, IO are not focusing on old I9s and even if they do, I9 likely doesn't exist.

    I asked them what should I say if IO ask me about how I got the job. One said to say you meant US national. Other asked me if I was really sure about which box I checked, I said about 90%. He said then tell them you are not sure which box you checked.

    They both seem convinced I have nothing to worry about but they also told me if I am really nervous than immigration officer will pick on it and then they might investigate my application further. They also said that green card will not be cancelled that easily. If I am too afraid to apply for citizenship then I can continue to renew greencard. They usually just look at criminal background check during greencard. But there is always a chance they might look at the original application.

    Normally, I would not be so worried about anything, worse comes to worse I go back to my old country. But I have 4 kids, my eldest daughter is in college. My youngest is in middle school. I just want to be here long enough to get my children through college. I know I made a mistake but I am hoping my mistake won't effect my kids.

    What would you do? Should I risk applying for citizenship given my case or should I just continue to renew my green card? Any chance they will repeal this law or add waivers for it? (I also read about Cancellation but I am not sure if I would qualify since it happened within 7 years.)

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