Citizenship Given To A Client With A False Claim To U.S

Citizenship given to a Client with a False Claim to U.S. Citizenship and Procedurally Regular Entry

Usually a False Claim to U.S. Citizenship is a bar to obtain Legal Permanent Resident Status. Especially, if the claim for false citizenship occurred on or after September 30, 1996.

Jane​i was born in Mexico. However, she was raised and adopted in the United States. Jane thought she was a U.S. citizen because when she was adopted the judge told her she was a U.S. citizen. Jane traveled outside the United States on multiple occasions, registered to vote and in fact voted. It was not until she applied for a U.S. passport and was denied that was in fact not a U.S. citizen. This was around 2003 and Jane lived her whole life under the understanding she was a U.S. citizen. This was a shock and Jane was having difficulty living her day to day life.

Jane came to my office distraught and worried about what could happen to her. She was eligible to adjust status because she was married to a U.S. citizen and she entered with “admission” as since her entry was “procedurally regular.” See Matter of Quilantan, 25 I&N Dec. 285 (BIA 2010). She was very worried about the false claim, however, a false claim to U.S. citizenship requires an intent to defraud which Jane did not have.

Jane, through the assistance of this office, filed for adjustment of status. Jane attended two interviews and after providing U.S. Citizenship and Immigration Services (USCIS) with further documentation to support our claims, she was granted a green card.

Jane became eligible to apply for naturalization three years after her adjustment because she was married to a U.S. citizen. Jane hired my office once again and we were once again able to succeed, and she is now a proud U.S. citizen.

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