False Claims of Citizenship Can Render Aliens Inadmissible

There are many aliens in the United States today, both legally and illegally, who are faced with the dilemma of supporting either themselves or their families financially, both here in the United States and back home in their country of origin. The conflict that these aliens face is determining exactly how they are planning to survive while here in the U.S. Many aliens are here on B-2 Tourist Visas.  Under the Immigration and Nationality Act, any alien present in the U.S. on a B-2 Visa is prohibited from accepting employment while visiting the U.S.

Unfortunately, despite this prohibition, there are some aliens who have secured or attempted to secure employment while only holding a B-2 Tourist Visa.  Some aliens have done this by making a false claim of U.S. citizenship to a private employer on an I-9 Employment Eligibility Verification Form.  This is a costly mistake that will not only render the alien inadmissible under this country’s immigration laws but also will forever bar this individual from ever becoming a permanent resident and ultimately a U.S. citizen. Aliens who make this mistake may be subject to immediate removal proceedings and ultimately deportation from the U.S.

Section 212(a)(6)(C)(ii) of the Immigration and Nationality Act, as amended by the 1996 Immigration Act, renders inadmissible any alien who falsely claims to be a U.S. citizen for any purpose or benefit under the Immigration and Nationality Act or any other federal or state law. The amendments apply to false claims to U.S. citizenship on or after Sept. 30, 1996. The amendments do not apply just to citizenship claims made to obtain an immigration benefit. For instance, if a person claimed to be a U.S. citizen in order to vote in yesterday’s all-important Pennsylvania primary election, this person would be inadmissible under the statute.

In addition, it is not necessary for the claim to have been made only to a government official. A false claim of citizenship can also be made to someone in the private sector. One of the biggest mistakes that aliens have made is making a false claim of citizenship to a private sector employer on an I-9 Employment Eligibility Verification Form. If this false claim to a private employer was made on or after Sept. 30, 1996, this individual would be inadmissible.  Immigrants who are found to be inadmissible under Section 212(a)(6)(C)(ii) of the INA are permanently inadmissible.  There are absolutely no waivers available under this scenario.  Non-immigrant visa applicants may still apply for a discretionary waiver. 

If the false claim of U.S. citizenship was made prior to Sept. 30, 1996, that claim must have been made to a government official for the purposes of obtaining an immigration benefit such as a Visa or U.S. Passport. This individual would be declared inadmissible. However, waivers are still available to this individual if the claim was made to a government official to obtain an immigration benefit prior to Sept. 30, 1996. 

The bottom line is this: Making a false claim of U.S. citizenship to any person, whether a government official or private individual, is the kiss of death. Not only will you be declared inadmissible and be subject to removal or deportation proceedings but you will never have the opportunity to become a legal permanent resident and ultimately a U.S. citizen.

Rob C. Tonogbanua, Esq.
Dickie McCamey & Chilcote, P.C.
http://www.dmclaw.com/

Explore posts in the same categories: Immigration Law, Rob C. Tonogbanua