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| False claim to U.S. citizenship may result in deportation | 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, as per the Immigration & Nationality Act,
both inadmissible and deportable.
Everyone who has applied for a job in the United States, have to show
that you have the right to work before you can be hired. On the same
lines, falsely claiming to be a United States citizen is the kiss of
death to living legally in the U.S for every non-citizen.
Despite the strict laws, many people still falsely state that they are
U.S. citizens in order to get a job and support himself and his family.
There is no waiver for this misrepresentation if it was made on or
after September 30, 1996. There is one limited exception, however. If
each natural or adoptive parent of the alien is or was a citizen of the
United States (either by birth or naturalization) and 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, he or she is neither
inadmissible or deportable for that misrepresentation.
If you state that you are a lawful permanent resident or have a
non-immigrant work visa, you have to show the green card or visa. If
you say you are a United States citizen, you are generally not asked
for a birth certificate or naturalization certificate. The ease with
which the misrepresentation can be made may be one of the reasons the
punishment is so harsh.
What are the implications of checking off the box that states “I
attest, under penalty of perjury, that I am ... [a] citizen or national
of the United States” on the I-9 Employment Eligibility Verification
Form in order to get a job”?
In a 2007 case, Kechtar v. Gonzales, the Tenth Circuit upheld a
decision from the Board of Immigration Appeals which had held that
where the alien checked off the box on the I-9 that stated he was a
“citizen or national”, he falsely claimed citizenship and that doing so
for private employment is not a defense because it is done for the
purpose of evading the employer sanctions statute. Therefore, the
noncitizen was removable from the United States as a result of checking
that box.
A competent and ethical immigration lawyer should be consulted if
anyone has made a false statement for any immigration purpose prior to
applying for any immigration benefit.
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