QUESTION

Question 32 in Part 12 on N-400 form

Asked on Sep 30th, 2018 on Immigration - California
More details to this question:
I am considering to apply for a US citizenship. When I read through N-400 form, I was stumbled on Part 12 Question 32. Currently, I am a PR. In 2016, When I visited Canada for 4 days, I forgot to take a GC with me. When I returned to US (a port of entry is US immigration at Vancouver airport), I tried to use ESTA (I successfully applied before getting to airport) just to get back to US. However, an immigration officer found I am a PR,not a visitor. I was hold in a room for about 1 hour and they issued a document "Application for Waiver of Passport and/or visa" Form I-193. My question is because of this incident, am I dis/qualified for applying a citizenship? If I submit N-400 form with marking "Yes" on Question 32 in Part 12, is there any risk of loosing my current PR status?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Question 32 asks whether you have ever lied to a US official to gain entry or admission into the US or to gain any benefits while in the US. Initially I do not think that you are barred from citizenship as any misrepresentation that you would have made should be considered immaterial inasmuch as the immigration officer saw that you were a permanent resident and granted you a waiver of the lack of green card anyway. That being said, the answer to the question may depend upon whether you actually attempted to enter at the airport under ESTA. If so, you would have lied to the immigration inspector and the answer should probably be "yes." If on the other hand you did not present the ESTA and explained your situation to the immigration officer who then gave you the waiver, you would not have made the misrepresentation and the answer should probably be "no." There would not appear to be a risk of losing your green card as any misrepresentation must be considered material and it is pretty clear that anything that you would have done at the airport was not. 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 Oct 28th, 2018 at 11:07 AM

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