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ResourcesVisa & Immigration LawUS Immigration LawFalse Claims to US Citizenship, Voting, and Deportation from the USA?

False Claims to US Citizenship, Voting, and Deportation from the USA?

Transcript of the above video: 

As the title of this video suggests, we are discussing false claims to US Citizenship, voting and deportation. I actually thought of making this video after watching a recent video - a little clip I found on Twitter from Colonel Douglas McGregor - talking about the issues of illegal immigration and how it can dilute the vote in the United States. It's quite an interesting little clip. I urge those who are watching this, maybe go click on that, it's in the description below, you can check that out. That said, it got me into thinking of something which is a major ground of you of inadmissibility in the United States and an immediate ground for deportation is false claims to US Citizenship, and this is something that can definitely come up in the context of voting. What am I talking about here?

Well I went a little further and did a deep dive over on nolo.com, that's NOLO.com under: Overview of consequences of False Claims to US Citizenship. How Falsely Claiming to be a US Citizen can Make you Deportable. "You can lose your Green Card by claiming to be a US citizen before it's true, such as by registering to vote in US elections." This could become an issue moving forward in the United States. Quoting further: "Someone who falsely claims to be a US citizen in order to obtain a benefit under US federal or state law," so that is federal or state law, so presumably federal or state voting" can become removable (deportable) from the United States. A person may be placed into removal proceedings even if the false claim was made unintentionally," so specific intent here. It doesn't matter if the person intended to do it, if they falsely claim US citizenship even unintentionally that is a ground for deportation. "or to certain private parties administering a government benefit. "It is very serious to be charged with making a false claim to citizenship. A person who is deported on this basis becomes permanently inadmissible, meaning unable to legally return to the United States. Furthermore, there is no waiver," so there is no I-601 waiver out there available for false claims to US citizenship. I'll get into a story regarding that here in a minute. "no waiver available for false claims to citizenship and there is limited relief from removal available to non-citizens who lie to obtain government benefits." Well again, if the issue of illegal voting is something that people are serious about, the consequences for anyone caught illegally voting is immediate deportation and inadmissibility to the United States for the rest of their lives. So to my mind that seems to be the remedy or at least a remedy at law to deal with illegal people or illegal aliens in the United States voting illegally in elections. I mean that would be a big one quite frankly.

Now I have actually dealt with this before. We had somebody contact us years ago, this is when I was involved with much deeper, more complex US Immigration matters than quite frankly I deal with presently, although every once in a while we pick up a complex case with US Immigration, but it turned out this person had gotten basically a traffic citation in the US and the Officer who made the citation, for whatever reason on the ticket there was a checkbox to say US citizen and that Officer actually checked the box that said that the person was an American. It turned out that person was not American - they were a green card holder - this was used against them; we were unable to get a waiver, there is no waiver of inadmissibility for false claims to US citizenship. The actual Officer who made the citation recanted and said "look I made an error, it was just a mistake." That person assumed the person they were dealing with was an American and they changed it basically; they corrected themselves and therefore that person was no longer inadmissible to the US and we were able to get that person a visa to go back. 

But long story short, anybody who is claiming falsely US Citizenship in order to undertake a benefit like voting, can become immediately deportable from the United States and is not going to be able to get a waiver of inadmissibility in order to return.