USCIS has defined “nationals” as persons born in American Samoa, certain former citizens of the former Trust Territory of the Pacific Islands, and certain children of noncitizen nationals born abroad”).
Dear Atty Gurfinkel:
Years ago, when I applied for a job, the employer asked me to fill out several documents, including an I-9 (Employment Eligibility Verification). One of the questions asked if I was a citizen or national of the US, and I checked that box.
I am now being petitioned by my American citizen spouse. Will I run into problems because of my I-9?
Very truly yours
T.F.
Dear T.F.:
Under US immigration law, false claims to US citizenship, even to an employer, constitutes a form of immigration fraud, for which there is no “waiver” or forgiveness. (Other forms of fraud, such as assumed name entry, do allow for filing a fraud waiver, if the person has a spouse or parent who is a citizen or immigrant who would suffer “extreme hardship.” But when it comes to false claims US citizenship, there is no such waiver.) In your case, therefore, checking that citizenship box in the form could have very serious immigration consequences.
In fact, the USCIS revised the Form I-9, because in a previous version, there was only one question that asked if the person was a citizen or a national of the US, creating confusion as to exactly what the person meant in checking that box (i.e. whether he or she intended to claim he or she was a “citizen” or a “national” of the US. USCIS has defined “nationals” as persons born in American Samoa, certain former citizens of the former Trust Territory of the Pacific Islands, and certain children of noncitizen nationals born abroad”). However, on the revised Form I-9, citizen and national are separate boxes, so as to make it clear which choice the person intended.
I know that people are desperate to work, as they have bills to pay, and must support their family. But claiming to be a US citizen in order to get a job could have very severe and lifelong consequences. If this situation possibly applies to you, I would advise that you seek the assistance of an attorney, who can evaluate your situation, rather than filing petitions or applications first, if this false claim is possibly in your history or record.
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Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein including testimonials, “Success Stories,” endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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