Falsely Claiming to be a U.S. Citizen: How Using a Fake Identity Can Prevent You From Ever Seeking Immigration Benefits

In the realm of immigration law, individuals seeking to enter or remain in the United States face a multitude of challenges. One such challenge is finding a good paying job when you don't otherwise have status or qualify for work authorization. Many non-citizens who have either entered the U.S. without inspection or overstayed their visa face the temptation to obtain and use a fake identity in order to find a job that will provide the financial stability to support themselves and their families.

Most importantly, it is when that individual uses the fake identity to claim that they are a U.S. citizen that carries the greatest consequences. While this may seem appealing to some, it is essential to understand the severe consequences associated with this fraudulent act. In fact, falsely claiming to be a U.S. citizen can be a permanent bar to ever being able to seek immigration benefits in the United States

FALSE CLAIM OF U.S. CITIZENSHIP

Falsely claiming to be a U.S. citizen is a serious offense under the immigration laws. Using a fake identity and claiming to be a U.S. citizen to obtain a job, in particular, carries extremely serious consequences that can deny you the ability to qualify for benefits. In order to be found inadmissible for falsely claiming U.S. citizenship, the government will look to the following:

Did the noncitizen make a representation of U.S. Citizenship on or after September 30, 1996?

This can be during an interview, on a job application, during a police stop, during an attempt to cross the border, registering to vote in a U.S. election, seeking a driver's license, etc.
There is no requirement that the false claim be made before a U.S. official; making the representation, for example, before a private employer is enough.

Was the representation false?

At the time that the non-citizen claimed to be a U.S. citizen, were they or were they not actually a U.S. citizen

And, finally, did the non-citizen make the false representation for any purpose or benefit under the Immigration and Nationality Act (INA) or any other federal, state or local law

For example, to obtain a job that would otherwise require you to be a citizen or have work authorization, or to avoid deportation.

One component that can make the difference between a false claim to U.S. citizenship and a mere mistake is whether you timely and voluntarily retracted the false claim. Most importantly, you must correct the representation before an officer or U.S. government official challenges your truthfulness. Also, the retraction must take place within the same circumstance that the initial representation was offered.

For example, filling out an I-9 form for employment purposes and checking off U.S. citizen, and then notifying the employer you filled it out incorrectly and requesting the form back before leaving the employer's place of business. Waiting a significant amount of time or attempting to make a correction after you are caught cannot be considered a "timely retraction."

CONSEQUENCES OF FALSE CLAIMS TO U.S. CITIZENSHIP

The consequences of falsely claiming U.S. citizenship are severe and far-reaching. One of the most significant penalties is the permanent inadmissibility to the United States, i.e., you can never seek a green card (unless you fall within an exception). According to the Immigration and Nationality Act (INA) Section 212(a)(6)(C)(ii), any individual who falsely represents themselves as a U.S. citizen for any purpose or benefit under federal or state law is permanently barred from entering the United States. This inadmissibility applies even if the individual possesses a valid visa or has obtained other immigration benefits in the past.

Additionally, falsely claiming U.S. citizenship is a federal crime under 18 U.S.C. § 911. Violators can face criminal charges, including fines and imprisonment, depending on the severity of the offense. Moreover, individuals found guilty of such offense may be subject to removal/deportation proceedings and removal from the U.S. Unfortunately, there is no waiver available for falsely claiming to be a U.S. citizen for immigrant visas (i.e., green card petitions/adjustment of status/consular processing). However, the claim may be waived for non-immigrant visas (i.e., tourist visas, u visas, student visas, etc.). There is also an exception for those applying for benefits as Special Immigrant Juveniles.

CONCLUSION

Falsely claiming to be a U.S. citizen can have severe and permanent consequences for individuals seeking immigration benefits. The penalties range from permanent inadmissibility to the United States, deportation and even criminal charges. If you have any questions about false claims to U.S. citizenship or believe that you or your family member has made such a claim, please do not hesitate to give us a call at (212) 547-8857 or schedule a consultation online and we'd be happy to discuss these issues further and help you reach a resolution. Our experienced immigration attorneys are here to provide the advice you need.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.