Lifetime ban for claiming to be a citizen to an employer

Dear Atty Gurfinkel:

Years ago, when I applied for a job, the employer asked me to fill out several documents, including an I-9 (Employment Eligibility Verification). One of the questions asked if I was a citizen or national of the US, and I checked that box.

I am now being petitioned by my American citizen spouse. Will I run into problems because of my I-9?  

                                                                              Very truly yours

                                                                                           T.F.

Dear T.F.:

Under US immigration law, false claims to US citizenship, even to an employer, constitutes a form of immigration fraud, for which there is no “waiver” or forgiveness. (Other forms of fraud, such as assumed name entry, do allow for filing a fraud waiver, if the person has a spouse or parent who is a citizen or immigrant who would suffer “extreme hardship.” But when it comes to false claims US citizenship, there is no such waiver.) In your case, therefore, checking that citizenship box in the form could have very serious immigration consequences.

In fact, the USCIS revised the Form I-9, because in a previous version, there was only one question that asked if the person was a citizen or a national of the US, creating confusion as to exactly what the person meant in checking that box (i.e. whether he or she  intended to claim he or she  was a “citizen” or a “national” of the US. USCIS has defined “nationals” as persons born in American Samoa, certain former citizens of the former Trust Territory of the Pacific Islands, and certain children of noncitizen nationals born abroad”). However, on the revised Form I-9, citizen and national are separate boxes, so as to make it clear which choice the person intended.

I know that people are desperate to work, as they have bills to pay, and must support their family. But claiming to be a US citizen in order to get a job could have very severe and lifelong consequences. If this situation possibly applies to you, I would advise that you seek the assistance of an attorney, who can evaluate your situation, rather than filing petitions or applications first, if this false claim is possibly in your history or record.

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