QUESTION
Will it affect my application if I was falsely declared to be American in the boarder when I was a minor?
Asked on Jun 30th, 2014 on Immigration - Texas
More details to this question:
Good day. I have an important question. I am Mexican, I have my American visa and I married an American citizen (veteran) in December 2013. I will apply for the residence but my question is that when I was 15 years old, I crossed the U.S. border with my sister and her friends who were 18 years old and all of them said that they were American citizens and they included me because they didn't want to open the back part of the car to take out the visas from the purse. As the officers checked the car then, my sister said that her visa was on the back. So the officers took all of the visas away and all of them got 3 years without being able to enter U.S.A. and I got 1 year since I was 15 years old. When the year passed, my parents took out my visa without any problem and supposedly nothing was registered because I was 15 years old. Will I have a problem to take out my residence because of this? Does the immigration law of September 30,1996 apply to a minor in this case? I will wait for your answer. Thanks.
2 ANSWERS
Adebola O. Asekun
I do not know the answer to your question because I am not in possession of all the relevant information and documents and so I suggest you speak candidly to an experienced immigration attorney. The specific issue in your case is based on the record whether you made a false claim to being a US citizen. This is a serious charge because, a false claim to US citizenship creates a permanent bar.
Answered on Jul 03rd, 2014 at 11:14 AM
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It sounds like you may have been charged with having immigrant intent as a false claim to U.S. citizenship is a permanent bar and you would not have been able to later get a visa. The best thing to do, and to know for sure, is to make a request for records under the Freedom of Information Act. This way, you will know exactly what you were charged with and how it might affect a future immigration application.
Answered on Jul 02nd, 2014 at 8:24 AM