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  1. #1
    Join Date
    Feb 2012
    Posts
    5

    Default Is a Past False Representation of Citizenship a Bar to Adjustment of Status

    My husband and I had an interview regarding our I130 and we are still waiting for our results. We just had our case transferred to a different state, and have a new lawyer. She is telling us that it doesn't matter if our marriage is recognized by the government or not because my husband Checked the U.S citizen/National box on an I9... about 5 or 6 years ago (which was already judged by a judge and he was not found guilty.) Since he was caught working while going to school (he came to U.S. legally) he is now on removal proceedings.

    Can anybody please help ease my mind!!! I can't imagine life without my husband!!! Any advice, recommended applications or Information you have to offer would be great.

    I'm wondering whether my husbands charge of claiming LPR/citizenship status on an I-9 is a bar to adjustment of status.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Charge of Claiming Lpr/Citizenship Status on an I-9 is a Bar to Adjustment of Sta

    I'm wondering whether my husbands charge of claiming LPR/citizenship status on an I-9 is a bar to adjustment of status.
    It certainly can be. What do you mean by your husband being found not guilty? Not guilty for what?

  3. #3
    Join Date
    Feb 2012
    Posts
    5

    Default Re: Charge of Claiming Lpr/Citizenship Status on an I-9 is a Bar to Adjustment of Sta

    The government charged my husband assuming he was giving false information saying he was a US citizen. Back then the box said U.S Citizen/National, since my husband was here legally and going to school in the US he checked the box for the National, He was not saying he was an U.S Citizen. My husband had the opportunity to explain himself in court where the judge agreed that it was not a willful charge, he was not trying to say he was a U.S. citizen.

    When I said he was not found guilty, I was meaning The court did not find him guilty of claiming he was trying to lie and say he was a U.S citizen. The charge was not upheld in court.

    Even though the false I9 was already judged, will it still come up and bar my husbands status?

    If so, is there anything we can do, or applications we can have in hand for when we have to appear in front of the judge to help our case?

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Charge of Claiming Lpr/Citizenship Status on an I-9 is a Bar to Adjustment of Sta

    "Legally going to school" doesn't make you a US National. The only time you get non-citizenship nationality is for certain people from some of the US territories and possessions.

  5. #5
    Join Date
    Feb 2012
    Posts
    5

    Default Re: Charge of Claiming Lpr/Citizenship Status on an I-9 is a Bar to Adjustment of Sta

    Okay. My mistake. Thank you for your input, but do you have a response to my question flyingron?

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Charge of Claiming Lpr/Citizenship Status on an I-9 is a Bar to Adjustment of Sta

    Your lawyer would be in a better position to tell you that we will. However violating his visa and lying on his entry papers aren't going to help the matter.
    No getting married isn't going to suddenly make his status any better. You have to be here legally to get a change of status based on marriage.

  7. #7
    Join Date
    Feb 2012
    Posts
    5

    Default Re: Charge of Claiming Lpr/Citizenship Status on an I-9 is a Bar to Adjustment of Sta

    We do have a lawyer and we are asking people that had experience with this type of situation or had some advice to give. However, You seem to have a pretty negative attitude with Immigration situations and haven't really been giving any advice, just criticizing what I have said. We know the obvious, and I feel you need to be corrected; my husband did NOT lie, it was a mistake... I'm sure even you have made mistakes before. AND we are married for LOVE. So thank you for your input, but I am going to ask that you, flyingron, do not respond to my posts anymore. I have enough negativity going on and don't need you to add to it. I am looking for help and advice.

    Thank you for understanding.

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