Is there anything I can apply to get my license renew after a year of my green card being denied due to false claim of U.S. Citizenship ?
Answer: I am very sorry to hear about the denial of your green card. False claims of U.S. Citizenship are treated very harshly. I am not sure when this happened, so I bring to your attention a recent change in the law. In two separate letters to Senator Harry Reid of Nevada, the State Department and Department of Homeland Security suggested that false claims to U.S. Citizenship will not trigger immigration consequences if the false statements were not made knowingly (perhaps you accidentally checked the wrong box on an I-9 form?) In addition, the agencies set an affirmative defense to the applicability of the inadmissibility ground where: 1) the individual was under the age of 18 when the false claim was made, and 2) at that time he or she lacked the capacity to understand the nature and consequences of the false claim. The burden of proof in these cases will be on the person who made the false claim to establish these elements clearly and beyond doubt in order to escape a permanent ban.
More Q & A from Avvo, Click Here.
Attorney Robert K. O'Reilly