There are some common ideas about this issue, but one important aspect of U.S. immigration law needs more focus: perjury in the process of becoming a U.S. citizen. Many people, not fully aware of the consequences, may accidentally or intentionally make false claims about their citizenship. This article on false U.S. citizenship claims what happens legally when someone is accused of this, the consequences they may face, possible defenses, and any exemptions that might apply.
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. must ask employees to complete these forms and provide evidence of their legal right to work.
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 U.S. citizenship claims 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 investigate past false claims, which could affect eligibility for benefits or result in the revocation of U.S. citizenship if they uncover inconsistencies.
Risks of Falsely Claiming U.S. Citizenship
- Permanent Inadmissibility: Individuals who falsely claim U.S. citizenship are deemed permanently inadmissible to the United States. This means they cannot return if deported, and there are no waivers available for this type of offense.
- Deportation: A false claim can lead to deportation proceedings, regardless of whether the individual has previously held a legal status in the U.S. This is particularly severe as it can occur even if the individual is a permanent resident.
- Lifetime Ban for Immigration Benefits: Making a false claim results in a lifetime ban from obtaining permanent residence through family or employment-based petitions. This includes any future attempts to secure a green card or immigrant visa.
- Criminal Charges: Under Title 18 U.S. Code § 911, falsely representing oneself as a U.S. citizen is a criminal offense that can lead to imprisonment for up to three years and substantial fines. The mere act of making a false claim, even if not successful in obtaining benefits, is sufficient for prosecution.
- Loss of Good Moral Character: False claims can affect an individual’s ability to demonstrate “good moral character,” which is often required for naturalization or other immigration reliefs.
Common Situations Leading to False Claims
False U.S. citizenship claims often arise in various contexts, including:
- Travel Documents: Applying for a U.S. passport or falsely claiming citizenship at customs.
- Employment Verification: Completing Form I-9 and marking oneself as a U.S. citizen.
- Voting: Registering to vote or voting in elections.
- Government Benefits: Applying for loans, mortgages, or benefits requiring citizenship status.
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
While the consequences are severe, certain defenses may be available:
- Claims Made by Minors: Specific exceptions exist for minors who made false claims under certain conditions, such as having U.S. citizen parents or being permanent residents before age 16.
- Timely retraction: If an individual promptly retracts their false claim before exposure, they may defend against penalties. This defense must occur at the first opportunity.
- Unintentional claims: If someone makes a false claim without intending to deceive—perhaps due to a misunderstanding—they may have grounds for a defense, especially if they can demonstrate their mental state at the time of the claim.
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. U.S. immigration law disregards orders based on reasons unrelated to the merits, such as rehabilitation or immigration hardship.
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. If someone is convicted of an aggravated felony, they struggle to avoid deportation unless they can demonstrate a strong likelihood of facing torture if they return to their home country.
Other Crimes That Can Lead to Deportation
In addition to CMTs and aggravated felonies, Section 237 of the Immigration and Nationality Act details a comprehensive list of deportable offenses.
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.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the US straightforward and successful. Whether you’re applying for an Adjustment of Status Visa, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to become citizens of the US. Call us today at +234 812 5505 986 to learn how we can assist you.
