Denial of Citizenship

[bhm 0]

I am a US citizen. My husband , a green card holder for 7 years, was denied citizenship based on "a false claim to US citizenship". He had inadvertently answered "Yes" to citizenship question in applying for a federal government job.

On the eve of his interview for US citizenship, and being excited that he will become a US citizen within a day, he applied for a federal job online and claimed he was a US citizen. This wss used as a basis of denial under "lack of good moral character".

I understand there is no waiver for this. Should he re-apply for citizenship? Will he open a can of worms if he re-applies and possibly be deported? Any possibility he may get US citizenship if he applies and explains his innocent mistake?

Would appreciate genuine and good feedback. Thanks.

[EspoMan 4]

How did they know he claimed to be a US Citizen? What was said to him after the interview? From what I understand he may be deported as it sits now because of his claim.

[JnB 6]

That was unfortunate that it was only a day before he could become a citizen and made the mistake. But claiming citizenship on any form or id and you are not a citizen yet will definitely get denied.

I know someone that made the same mistake. I think the best step right now is consult a good immigration lawyer. I don't think this will get him deported if he reapplies. He's got a green card, he can renew it when it expires.

Hope someone here in VJ can provide more info.

Good Luck.

[EspoMan 4]

I thought a false claim of USC would automatically get you deported when you go to your N400 interview?

[extrarius 1]

How did they know he claimed to be a US Citizen? What was said to him after the interview? From what I understand he may be deported as it sits now because of his claim.

A logical conjecture would be that since he was applying for a federal government job and he answered yes to the US citizen, when DHS back checked his SSN and it bounced back as alien they probably flagged his file.

[Deputy Purple 1,294]

FWIW, you can't claim to be a US Citizen even after the interview and approval until AFTER YOUR OATH CEREMONY.

He should expect to be put in removal proceedings shortly as that False Claim to US Citizenship will unravel his LPR Status also.

[VanessaTony 3,567]

People OFTEN claim it's just an "innocent mistake" but usually it isn't. The question wasn't ambiguous. It wasn't some bizarre fineprint. It was a box he ticked that would have said "Are you a US citizen" and knowing he wasn't (and yes excited he hopefully would be soon) he ticked a box saying he was. He wasn't going to be a "US citizen within a day". He isn't a USC until the Oath ceremony which I've read are sometimes the same day but often scheduled for another time. There's also no guarantee he'd pass the civil question test. He was HOPING to be a USC but on that form he said he WAS.

Unfortunately his mistake will most likely result in deportation and a lifetime ban I suggest you start looking into life in his home country or some other third county you can move to. I'm not sure how quick the wheels will move on this. What did they say at the interview about his LPR status? Did they take his GC? What did he say when they told him? What exactly happened? I'm sure he was given an answer to explain, or he would have objected when they said it and explained. There is no way to explain it away as an "innocent mistake". He did it in his excitement yes, but it would be like moving into a house the day before you're supposed to close on the sale - it's still illegal.

Edited March 21, 2012 by Vanessa&Tony

[Penguin_ie 5,986]

Lawyer time. A good one.

[aaron2020 11,651]

Lawyer time. A good one.

A very good one.

[NigeriaorBust 4,087]

This is indeed serious and you should pay for a consulate with one of the best lawyers you can afford ( actually they are sometimes cheaper that bad ones ) Hopefully it isn't a gloomy as stated but you are hearing from some very experienced members.

[S_R 148]

Get a great lawyer and hope for the best. This doesn't look good...

[Oksana & Max 94]

Not a good news at all. I agree with others members try to get a really good attorney, however since the claim was made to get a US Federal benefits such as Federal Job, there is no way to overturn it. There is no waiver for that, and most likely will result in deportation, and life time ban to enter US.

May be a good idea to start looking for possibilities to move with your husband to his country.

[NickD 202]

I am a US citizen. My husband , a green card holder for 7 years, was denied citizenship based on "a false claim to US citizenship". He had inadvertently answered "Yes" to citizenship question in applying for a federal government job.

On the eve of his interview for US citizenship, and being excited that he will become a US citizen within a day, he applied for a federal job online and claimed he was a US citizen. This wss used as a basis of denial under "lack of good moral character".

I understand there is no waiver for this. Should he re-apply for citizenship? Will he open a can of worms if he re-applies and possibly be deported? Any possibility he may get US citizenship if he applies and explains his innocent mistake?

Would appreciate genuine and good feedback. Thanks.

Wow, if your field office has a same day oath, just a few hour premature, is he desperate to find a job? And filing online, know of some people that can really get into deep trouble with a computer. Like a 250,000 buck fine for sharing an MP3.

Can only suggest you contact your senators office and beg mercy for this mistake as you have put it. So close, but never ran into a government agency as is so strict on dates.

[karin_brenig 18]

oh boy this is double bad - not just did he falsely claim to be a US citizen, on top of that he lied about it - because he probably didn't answer "yes" to the question where they ask "did you ever claim to be a US citizen?". I don't see how this can be fixed. What is his home country? Hopefully it's a nice place, because chances are you'll be spending the rest of your life together there.

[Boiler 43,592]

Only an IJ can take away his GC.