The Form I-9 and False Representations of U.S. Citizenship
The Completion of the Form I-9 (Employment Eligibility Verification) is used by employers to verify a new hire’s identity and to establish that the worker is authorized to accept employment in the United States. A section of the Form I-9 asks the new employee to attest to his or her immigration status in the U.S. One of the possible answers is a “U.S. Citizen.” If a foreign national makes a false claim to U.S. citizenship on this form, it could render that person permanently ineligible for permanent residence, citizenship and other immigration benefits.
The Board of Immigration Appeals (BIA) has determined in Matter of Bett, 26 I&N Dec. 437 (BIA 2014), that the Form I-9 can be used to prove a false claim to U.S. citizenship. In that case, the foreign national was an applicant for adjustment of status while in removal proceedings, based on an approved petition by a U.S. citizen spouse. The Immigration Judge denied the application for adjustment of status and other requested relief due, in part, to Forms I-9 that the applicant had allegedly submitted with his previous employers, which indicated that he had falsely claimed to be a U.S. Citizen. The case was appealed to the BIA, which upheld the Immigration Judge’s decision, finding that a Form I-9 is admissible in immigration proceedings to support charges of removability against a foreign national and to determine his or her eligibility for relief from removal.
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