Question on inadmissability fallowing deportation in USA

[saralune]

My hudband went for his interview yesterday. The interview went overall very well, and the agent told my husband that she recognise the genuiness of our relationship and had no problem approving our application except for maybe one thing.

My husband tried to enter the USA illegally 5 years ago and was actually caught doing so, therefor his FBI record came back with mention of this event. On it, it says he was removed and he had made a false claim to citizenship. From the begginig our lawyer has been admant on sayin that this is not a criminal charge and that therfore he is not inadmissable. In our submission we never tried to hide any of this and in the lawyer's introduction letter all of this was exposed and she had stressed that this was not something that should make him inadmissable as those were not criminal charges but immigratory ones.


Now back to yesterday, the officer basically told him that she would need to check if it is or not and consult with her supperior before making a decision. Basically if he is admissable then we can assume he will be approved, otherwise he would need to wait an other 5 years since it had been already 5 so that 10 years had past for him to be admissable again.

I just wanted to see if anyone had ever been in this situation and what the out come was. I trust my lawyer is correct in her assesment of it all but realise she could be wrong

 

[scylla]

I don't think there's a black and white answer. It's my understanding that falsely claiming US citizenship is usually not dealt with as a criminal charge - but occasionally, criminal charges are filed.

It sounds like your lawyer has already looked into your case and determined that criminal charges were not filed in your husband's case. It sounds like the CIC officer now has to do the same.

I assume you know that a false claim of citizenship carries a lifetime bar from the US (which unfortunately having Canadian PR or citizenship won't change). I'm sorry you're facing this.

 

[saralune]

I don't think there's a black and white answer. It's my understanding that falsely claiming US citizenship is usually not dealt with as a criminal charge - but occasionally, criminal charges are filed.

It sounds like your lawyer has already looked into your case and determined that criminal charges were not filed in your husband's case. It sounds like the CIC officer now has to do the same.

I assume you know that a false claim of citizenship carries a lifetime bar from the US (which unfortunately having Canadian PR or citizenship won't change). I'm sorry you're facing this.

Thank you very much for your answer. I m trying to stay positive. After two years of waiting this is what it is coming down to and it sucks. It is really frustrating that after two years whoever s dealing with this hasn't even tried to figure that out, which is the most critcal point in our case.

I didn not know that he would be bared for life. We have not looked into it very much has it is not a priority but i was under the impression that it was only for a period of time.


That said how would an immigration officer at the border know that if he cam in with a canadian passeport. They don't always even scan the passeports...

 

[AmericaninQuebec]

Thank you very much for your answer. I m trying to stay positive. After two years of waiting this is what it is coming down to and it sucks. It is really frustrating that after two years whoever s dealing with this hasn't even tried to figure that out, which is the most critcal point in our case.

I didn not know that he would be bared for life. We have not looked into it very much has it is not a priority but i was under the impression that it was only for a period of time.


That said how would an immigration officer at the border know that if he cam in with a canadian passeport. They don't always even scan the passeports...

Two years and this is when they start addressing that question? How frustrating for you! I hope it turns out well.

As for your last point, he can't have a Canadian passport until he has his citizenship in Canada. Even then if he wants to legally reenter the U.S. he will likely have to apply for readmission. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=95cc2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD Otherwise, if he enters and is caught then he could end up in trouble again. Just something to think about before he ever tries crossing the border again.

 

[scylla]

I didn not know that he would be bared for life. We have not looked into it very much has it is not a priority but i was under the impression that it was only for a period of time.


That said how would an immigration officer at the border know that if he cam in with a canadian passeport. They don't always even scan the passeports...

A false claim of US citizenship is definitely a bar for life with no possibility for a waiver. I would very strongly recommend that you consult with a knowledgeable immigration attorney in the US before even think of trying to enter US. Heather Poole is a name that I have seen recommended on several US immigration boards as an excellent attorney for complicated cases. I believe she will do an initial consultation for a few hundred dollars. Please consult with someone like her before you go anywhere near the US border.

 

[NBaker]

Sometimes the US will charge in these cases criminally, but withdraw the charges where the person can be deported as a result of immigration law. The important thing to know is if he was actually convicted criminally. If he was then there is a similar charge that equates under IRPA which would likely be a problem. Both Canada and the US are very sensitive to false claims of citizenship being made as well as the use of false passports etc. of each other's countries so they do not take these convictions lightly.

 

[saralune]

He was detained for 12 hours and then signed a voluntary exit form the country. He did not use any fake paper nor someone else's paper. He verbally said so to the officer and that is about it.

From what I undetstood the charges that can be found on his record come from the Immigration and Nationality Act.

I am not sure what all this really mean or implicat.

Maybe this can help some of you asses better the situation.

Thank you

 

[scylla]

He was detained for 12 hours and then signed a voluntary exit form the country. He did not use any fake paper nor someone else's paper. He verbally said so to the officer and that is about it.

From what I undetstood the charges that can be found on his record come from the Immigration and Nationality Act.

I am not sure what all this really mean or implicat.

Maybe this can help some of you asses better the situation.

Thank you

Based on those additional details - it sounds to me like no criminal charges would have been laid (which matches what your lawyer said).

Unfortunately the lifetime bar from entering the US still applies (doesn't matter if criminal charges were laid or not).

 

[saralune]

thank you again.

Based on those additional details - it sounds to me like no criminal charges would have been laid (which matches what your lawyer said).

Unfortunately the lifetime bar from entering the US still applies (doesn't matter if criminal charges were laid or not).

thank you again. This is giving me knew hopes ! My I ask how come you are familiar with such details ?? I am surprised I got this many answers so far as this is is a very specific issue.

 

[saralune]

and to be more precise, he was not deported, but "removed" as he had not entered the US. He reached the border. I am not sure if that makes a difference as well.

 

[scylla]

There's a specific US immigration forum that deals with people who are having problems immigrating to the US due to overstays, EWIs, etc. You would probably find the stories and people on this forum very useful.

There is also an American born woman on this site (several actually) who have had to make the tough decision to leave the US and live in another country because their spouses falsely claimed US citizenship and are now banned from the US for life.

The stories and posters on this site will give you insights into the differences between deportations, "throwbacks", etc.

Unfortunatley I'm traveling on business right now and don't have access to my home PC (which has the link to that specific site). I'll be home later this weekend and will post the link.

 

[NBaker]

Removed, excluded and deported can be used interchangeably regardless of whether it was from within the country or at the border. For many purposes the border is considered the country and expedited 'removal' can happen at that point from the USA. Certain orders can be enforced from the Canadian border as well. The removal order is not always a deportation order in either case. That depends on the particular allegation in a report.

In this case I believe it is safe to say deportation was the result and as noted previously may result in a lifetime ban on return to the US unless overcome through their procedures. Some US removal orders have a specific time duration during which return is not possible as in Canada with exclusion orders which can be 1 or 2 years from confirmation of departure depending on the allegation or lifetime in the case of deportation orders.

 

[saralune]

Sometimes the US will charge in these cases criminally, but withdraw the charges where the person can be deported as a result of immigration law. The important thing to know is if he was actually convicted criminally. If he was then there is a similar charge that equates under IRPA which would likely be a problem. Both Canada and the US are very sensitive to false claims of citizenship being made as well as the use of false passports etc. of each other's countries so they do not take these convictions lightly.

How does one determine if he was convicted criminally ? How would we know ? Would it show up as CONVICTED on the report ?

Right now it says: CHARGED, fallowed by a description of the charge...

I am just not sure how to read the FBI check.

 

[saralune]

There's a specific US immigration forum that deals with people who are having problems immigrating to the US due to overstays, EWIs, etc. You would probably find the stories and people on this forum very useful.

There is also an American born woman on this site (several actually) who have had to make the tough decision to leave the US and live in another country because their spouses falsely claimed US citizenship and are now banned from the US for life.

The stories and posters on this site will give you insights into the differences between deportations, "throwbacks", etc.

Unfortunatley I'm traveling on business right now and don't have access to my home PC (which has the link to that specific site). I'll be home later this weekend and will post the link.

Please if you have a chance do forward it to me. It would be appreciated. Thank you.

Also, I brought the life ban issue up with my husband. I know you have all been telling me that he is ban for life. He said he was told by the border officer, that he could not renter the Us for 5 years, but that he could again with proper documentation after 5 years. That said it is the less of my worries right now. It would really suck as we have friend and family in the US, but it is not that important for now.

 

[scylla]

Please if you have a chance do forward it to me. It would be appreciated. Thank you.

Also, I brought the life ban issue up with my husband. I know you have all been telling me that he is ban for life. He said he was told by the border officer, that he could not renter the Us for 5 years, but that he could again with proper documentation after 5 years. That said it is the less of my worries right now. It would really suck as we have friend and family in the US, but it is not that important for now.

Here's the site:

http://immigrate2us.net/forum/forum.php?s=09482ca66e18deec28708904e7fa01a9

Try posting your story to the section titled "introduce yourself".

I believe the 5 years mentioned by the border officer was the penalty for the EWI. However the border officials don't always mention (or know) all of the other penalties that may apply (this is a common thing I've read on this board). Look for a posted named Los G (I think that's right). She's one of the individuals whose husband is banned from the US for life due to a false claim of citizenship. Anyway, if you tell your story, I'm sure they will walk you through the implications of a false claim of citizenship. Also, provide as many details as you can about what happened at the border and ask if there's any chance that criminal charges were filed. Again, I'm sure several people there will be able to help. Good luck.