Many immigrants are not aware that claiming to be a U.S. citizen, even in order to work, can create a lifetime bar to most immigration benefits and render lawful immigrants removable from the U.S.
The most common false claims to U.S. citizenship occur, often without full knowledge and understanding, on form I-9 Employment Eligibility Verification. Form I-9 is a two-part federal immigration form that is filled out by both the employee and employer when starting a job. The employee section asks if s/he is a/n:
Understandably, foreign nationals who live in the U.S. must work in order to survive, pay bills and support family members. And contrary to popular belief, most pay taxes. However, how you fill out form I-9 can have lifetime consequences. Choosing the first option above, “A Citizen of the U.S.” when you are NOT a citizen, first makes you ineligible for most immigration benefits such as family and employment based permanent residence (green card). Second, it also makes you deportable from the U.S. even if you are already a permanent resident.
Form I-9 is the most common way that individuals make false claims to U.S. citizenship. Other ways this can occur is when applying for a mortgage loan, loan officers may inadvertently indicate without asking that the borrower is a U.S. citizen; when entering the U.S. and being asked if you are a citizen; when applying for financial aid; or for a job that requires U.S. citizenship.
Another problem occurs when a state agency incorrectly tells a permanent resident of the U.S. that they can register to vote and vote in any election. Only U.S. citizens can vote in most state, local and federal elections so you should NEVER register to vote or actually vote until you become a citizen.
Worst yet, there is no waiver under the immigration laws for a false claim to U.S. citizenship or for voting in an election. Once it occurs, it cannot be undone, and most immigration forms ask whether the applicant has claimed to be a U.S. Citizen or voted in any U.S. election.
As attorneys, the most common way we encounter these situations is when lawful permanent residents apply for naturalization without first seeking the advice of an attorney, admit to a false claim to an immigration officer and are then denied naturalization and often placed in removal proceedings.
To summarize, be wary of filling out any forms, online or otherwise that require a representation that you are a U.S. citizen if you are not, because this could not only affect your eligibility for most immigration benefits but it can also make you deportable from the U.S. If you believe you may have an issue with a false claim, be sure to meet with a competent immigration attorney before you apply for any immigration benefits.
