What to do when green card application was denied due to falsely claiming to be a US Citizen?

Question

Hello

I have a Friend, who in 1998 ,tried to come to the US illegally by falsely  claiming to be a us citizen with a fake US passport.She got caught and confessed at the Airport in the US and was sent back to her country.A couple of years later,around the year 2000  she got a v visa ,because her husband is living in the US.She came to the US in 2001,with the v-visa, and has lived since.She applied got a working permit and worked as a home health aid for a couple of years.She applied for a green card and after a while,she got a letter stating that her application was denied,because she falsely claimed to be a US citizen and that there is no waiver available.She is still in the US and her v-visa expires in 2011.What should she do?She cant leave her family and go back to her country,and also her husband and son are US citizens.

Thank You

Fred S · Accepted Answer

She is statutorily inadmissble under section 212(a)(6)(C)(ii), and for that charge, there is no relief available to someone who wants to immigrate. She is perpetuallly inadmissible and not eligible for adjustment of status to permanent resident.

The expiration date of her V-1 visa has nothing to do with how long she can stay in the U.S. An alien admitted to the United States in V–1 nonimmigrant status will be granted a period of admission not to exceed 2 years. Her I-94 controls how long she was able to stay. Now that the application to adjust status has been denied, she is no longer in the V-1 status and is subject to deportation under section 237(a)(1)(C).

Nothing in the law precludes ICE from immediately initiating removal proceedings. An alien seeking admission with a V visa is subject to all grounds of inadmissibility under INA 212(a), except 212(a)(9)(B). She obviously lied in her visa application.

If she had revealed in her visa application that she had been ordered removed for making a false claim to U.S. citizenship, they never would have given her the V-1 visa, so she's guilty of visa fraud on top of everything else.

? · Answer

She did what she did for the sake of being reunited with her Husband and Son.# 
lying is certainly not a good idea but saying that she was a US citizen? was a grave mistake and punishable by law.
she will never get a green card and to top it all? will never be able to stay in the US,
not sure how she re-entered the US? but she will never be able to stay legally.
what to do in this case? one option only. go back to her home country.

ibu guru · Answer

She committed multiple crimes when she falsely claimed to be a US citizen and presented a false, forged or stolen passport.  She should never have received a visa to return, and under today's more strict law enforcement, she would not.  She has no choice but to return to her country of citizenship.

As for her children, they have a right to citizenship in her country of citizenship.  All she has to do is get them passports from her country's consulate.  And she can apply for her husband's immigration to her country.  She not only can return to her country, she must, and she can take her family with her.

It's her own fault.  She's lucky she's not in prison, which is where she belongs.

Jan · Answer

She will never get a green card. She committed fraud when she lied about her citizenship. Now that they know where she is,they can remove her at any time.
She should have never been eligible for the visa she has now. How that one slipped under the radar is another story I am sure.
She can take her family with her when she leaves.

dasboos13 · Answer

I'm surprised that she even got a visa to come back here in the first place.  It was only a matter of time before this all came back to her-did she not consider the consequences?

What to do when green card application was denied due to falsely claiming to be a US Citizen?

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