QUESTION

My husband had deportation, government decided to reopen case, he had a criminal case in the past

Asked on Feb 01st, 2014 on Immigration - Florida
More details to this question:
Everything has gone well so far in court but we have ran into this problem, my husband had a criminal case where he stole merchandise from a burdines 10 years ago but was caught and he gave a different name and a different place of birth (Puerto rico) he is from Colombia. The attorney that is against us now says there is a law that states when an alien uses another country as their origin like Puerto Rico, they do it with the intent to pass as a US citizen in which case they are getting immigration benefits? is this true? my attorney says he never heard of that. what is the name of that law? and are their possibilities for him to still come out winning?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
The law against representing oneself as a US citizen when one is not has been in the immigration law a long time, but prior to the Illegal immigration Reform and Immigrant Responsibility Act of 1996, individuals were able to obtain waivers where this occurred. The law was changed so that there can be no forgiveness for such misrepresentations since September 30, 1996. As you know, all persons born in Puerto Rico are US citizens. If your husband represented that he was born in Puerto Rico, he would run afoul of this law. The question is whether he made the misrepresentation for a purpose or benefit under the state law.  Your attorney should explore the issue. 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 Feb 26th, 2014 at 10:37 PM

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