QUESTION

Can my husband qualify for citizenship when he falsely claimed citizenship to gain employment to pay for his parents' medical expenses at 16yo?

Asked on Jul 02nd, 2019 on Immigration - Washington
More details to this question:
My husband came here in 1985 legally on his mother's visa. His mother overstayed her visa, therefore my husband stayed here illegally. His parents were ill and he had to get work at 16 years old to support his parents and 3 younger brothers. He checked that he was a legal US citizen in order to get work. Will he be qualified for citizenship? The first question they asked was if he ever falsely claimed US citizenship for government documents. Is this a poor indication of good moral character?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
The question is – when did he make the misrepresentation that he was a US citizen? If the one and only time that he did it was at the age of 16, he could possibly claim that he did not have the maturity and judgment to appreciate the nature and consequence of his actions at the time that he made the false claim. However, if he continuously claimed for employment purposes over the years on other I-9 applications for work that he was a citizen, then that would be more troubling. The penalty for knowingly and willingly making a false claim to citizenship on or after September 30, 1996, is a permanent non-waivable bar to this country. Misrepresentations on citizenship prior to that date can be waived if the applicant is able to prove that extreme hardship would fall onto a US citizen or permanent resident spouse or parent if the waiver was not approved. I also note that prior to April 3, 2009, the I-9 employment verification form asked whether the applicant was a citizen or national of the US on one line instead of asking on separate lines for citizen and national. In the case in which an individual used the old form check marking the box for "citizen or national' and is able to rationally explain the difference between a US citizen and a non-US citizen national when he or she says that national and not citizen was meant, a charge of false claim to citizenship charge might be defeated. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Jul 30th, 2019 at 8:14 PM

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