There is an obvious similarity of ideas about this problem; nevertheless, one of the important aspects in the US immigration law needs more attention: that is the act of perjury to becoming a US citizen. It is quite common for people, who are not fully aware of the consequences, to occasionally find themselves in a position where they end up making such claims, purposely or inadvertently. This article provides a detailed insight into the legal acts committed when an individual is accused of False U.S. Citizenship Claims , the legal repercussions, possible legal loopholes that can be used in defense, and possible exemptions to the act.
The Weight of False U.S. Citizenship Claims
It is unlawful and a federal crime for a person to state that they are a citizen of U. S to acquire benefits from Federal or State governments or agencies. Such claims can lead to the exclusion of an individual and therefore [] be found removable (deportable) from the United States even though the claim was made inadvertently or under certain circumstances.
The Unforgiving Nature of False Claims
The repercussions of falsely claiming U.S. citizenship are grave. Individuals who are deported on these grounds become permanently inadmissible, meaning they are barred from legally returning to the United States. Furthermore, there are no waivers available for False U.S. Citizenship Claims, and limited relief from removal is accessible to those who lied to obtain government benefits.
False U.S. Citizenship Claims: What Makes You Deportable
To understand the gravity of falsely claiming U.S. citizenship, it’s essential to recognize the scenarios where these claims commonly occur:
Registering to Vote: False U.S. Citizenship Claims
Non-citizens must exercise extreme caution when dealing with local state government offices, particularly when applying for driver’s licenses. Some states, due to the “Motor Voter Act” of 1993, offer voter registration opportunities during driver’s license applications or renewals. Unfortunately, in most states, government employees may not inquire about citizenship status before asking noncitizens if they wish to register to vote.
The fine print or checkboxes on voter registration forms can trap noncitizens, especially those who may not comprehend English well or trust others to complete forms for them. Misinformation about eligibility to vote can also lead noncitizens down a treacherous path.
To rectify such situations, individuals must promptly remove their names from voter registration rolls if they are not authorized to vote. Consulting an immigration attorney before applying for immigration benefits is advisable, as registering to vote when unauthorized can impact eligibility for green cards or naturalization.
I-9 Employment Eligibility Verification Forms
False claims to U.S. citizenship on I-9 Employment Eligibility Verification Forms can render individuals deportable. Employers in the U.S. are required to ask employees to complete these forms and provide evidence of their legal right to work. Non-citizens should never check the “U.S. citizen” box if it does not accurately represent their status, even if they possess green cards or Employment Authorization Documents.
Student Loan Applications
Federal, state, and private student loans often require U.S. citizenship as an eligibility criterion. Before applying for financial aid, individuals must verify these requirements. Making false claims to U.S. citizenship on student loan applications can lead not only to removal proceedings but also criminal charges for fraud and theft.
Passport Applications and Other Government Forms
Securing a U.S. passport requires applicants to provide evidence of U.S. citizenship. Lying on passport applications or submitting false birth certificates can result in accusations of false claims of citizenship and potential criminal charges. Similar consequences may arise from applications for certificates of U.S. citizenship.
Even immigration applications can pose challenges if individuals have made false claims of citizenship in the past. Immigration officers may inquire about past false claims, which could affect eligibility for benefits or lead to revocation of U.S. citizenship if inconsistencies are discovered.
Exceptions to False U.S. Citizenship Claims
The Child Citizenship Act of 2000 introduced exceptions to deportation for children who falsely claimed U.S. citizenship under specific circumstances:
- The child’s parents were U.S. citizens by birth or naturalization.
- The false claim occurred before the age of 18.
- The child held U.S. permanent resident status before turning 16.
- The child reasonably believed they were U.S. citizens when making the false claim.
Exceptions also exist for false claims made before September 30, 1996, the effective date of the false claims ground of inadmissibility.
In certain situations, timely retraction of a false claim can spare individuals from removal proceedings, although other grounds for deportation may still apply.
Defending Against Removal Due to False Claims
For individuals facing removal on the grounds of falsely claiming U.S. citizenship, seeking cancellation of removal in Immigration Court may be the only recourse. However, non-permanent residents must demonstrate good moral character to qualify for this relief, which can be challenging if the false claim was intentional.
In cases of unintentional false claims and compliance with other requirements, cancellation of removal may offer a potential lifeline.
Falsely claiming U.S. citizenship is a perilous path fraught with severe consequences in the intricate landscape of immigration law. Understanding the gravity of such claims, the exceptions, and potential defenses is crucial for individuals ensnared in these situations.
Given the high stakes involved, consulting with an experienced immigration attorney is strongly recommended. Navigating the complexities of immigration law and defending against removal requires expert guidance to secure one’s immigration status and protect their future in the United States.
The challenge with CMTs is that there are numerous examples, and it’s not always clear whether a specific offense falls under this category. Therefore, it’s advisable to consult with an immigration attorney who can assess whether a conviction qualifies as a CMT.
Post-Conviction Measures and Immigration Consequences
Some individuals may wonder whether they can mitigate the immigration consequences of a criminal conviction by taking post-conviction measures like expungement or sentence reduction. Unfortunately, immigration law doesn’t always align neatly with state criminal law.
A critical decision by Attorney General Barr in 2019 clarified that a state-court order modifying a conviction’s term of imprisonment will only affect immigration law if it’s based on a procedural or substantive defect in the underlying criminal proceeding. Orders based on reasons unrelated to the merits, such as rehabilitation or immigration hardship, are disregarded by U.S. immigration law.
Petty Offense Exception: False U.S. Citizenship Claims
Immigration law provides a potential escape from classifying a crime as a CMT: the “petty offense exception.” This exception applies if the crime’s penalty could never exceed one year of imprisonment, and the actual prison time served was less than six months.
Examples of petty offenses may include shoplifting, simple assault, or a DUI without additional aggravating factors. The specific offenses considered petty may vary depending on state laws.
When Can a Person Be Deported for a Crime of Moral Turpitude?
To face deportation for a CMT, two scenarios apply:
- Committing a CMT within the first five years after admission to the U.S.
- Committing two or more CMTs, not arising from a single criminal scheme, at any time after admission.
The “five-year rule” means that if an individual commits a CMT more than five years after their admission to the United States, they are not deportable. However, if multiple CMTs are committed, irrespective of when, deportation becomes a possibility.
Seeking Relief: The 212(h) Waiver
In certain circumstances, immigrants facing deportation for CMTs may be eligible for a 212(h) waiver, a form of legal forgiveness. To qualify, one must not pose a national security threat, not have committed an aggravated felony (if a green card holder), and have continuously lived in lawful status within the U.S. for at least seven years before the deportation proceedings.
For some, the 212(h) waiver may be obtainable if the crime was related to prostitution, occurred more than 15 years before applying for permanent residency, or falls under the Violence Against Women Act (VAWA) due to abuse by a U.S. citizen or permanent resident spouse or parent.
Additionally, a waiver may be granted if deportation would cause extreme hardship to a U.S. citizen or lawful permanent resident family member.
Understanding Aggravated Felonies: False U.S. Citizenship Claims
Aggravated felonies under immigration law encompass a wide range of offenses, many of which are serious crimes like murder, rape, drug trafficking, child pornography, and more. A conviction for an aggravated felony can have dire consequences, including almost certain deportation.
Notably, even a suspended sentence or partial imprisonment can trigger this classification. In cases where an individual has been convicted of an aggravated felony, it’s challenging to avoid deportation unless they can prove a likelihood of torture upon return to their home country.
Other Crimes That Can Lead to Deportation
Apart from CMTs and aggravated felonies, a comprehensive list of deportable offenses is detailed in Section 237 of the Immigration and Nationality Act. This list includes drug crimes, illegal firearms possession, domestic violence, stalking, child abuse or neglect, human trafficking, terrorist activity, and more.
Seeking Legal Guidance
If you find yourself facing criminal charges as an immigrant, it’s crucial to consult both a criminal defense attorney and an experienced immigration attorney. Navigating the intricacies of immigration law, especially when criminal convictions are involved, requires expert guidance. Your future in the United States may depend on it.
In the United States, the path to permanent residency and citizenship can be complex, and even green card holders can face deportation if they run afoul of certain laws. Crimes of moral turpitude, aggravated felonies, and other deportable offenses are serious matters that demand careful consideration and expert legal counsel.
