The Consequences of Saying You Are a U.S. Citizen if You Are Not One

Many people claim to be U.S. citizens without realizing the big mistake they are making. This can be common when first entering the United States, applying to study at a university, or applying for a job. If you lie, you can face legal consequences down the road. Even a false citizenship claim that is an honest mistake can cause problems.

Immigration laws can change at any time. If you have questions about making false statements about your lawful status, talk to an immigration lawyer for legal advice.

False Claims of Citizenship

The U.S. Citizenship and Immigration Services (USCIS) is the government agency that administers the immigration system. To become a citizen, you have to go through the proper USCIS procedures. False claims about being a U.S. citizen to obtain federal or state benefits may cause you to be:

• Deported from the country or placed into removal proceedings
• Permanently inadmissible for future immigration
• Unable to return to the United States, even with a visa
• Unable to gain future legal status in the country

Reasons for False Claims of Citizenship

People may have a number of reasons why they would make a false claim of U.S. citizenship status. There are a number of immigration benefits that come with legal immigration status, including the ability to work and legal protections. Natural-born citizens have legal status from birth. People who are born in other countries have to be “naturalized.”

Before a foreign-born person can become a U.S. citizen, most people first get lawful permanent residency (LPR) status. This is also known as a “green card.” Green card holders have many of the same legal rights and responsibilities as citizens, but can have their status taken away. After three to five years with a green card, an LPR can apply for citizenship.

Citizenship still requires applying for citizenship and meeting the necessary requirements, including:

• Passing the citizenship test
• Being able to read, write, and speak English
• Living continuously in the United States for a set number of years
• Being at least 18 years old
• Having good moral character

What False Claims Make You a Target for Deportation?

The most common false statements claiming someone is a U.S. citizen happen in the following situations:

• Filling out an I-9 employment eligibility verification form
• Applying for a student loan
• Registering to vote in any local, state, or federal election
• Trying to obtain a U.S. passport
• Applying for certain benefits that are restricted to only U.S. citizens

There may be other penalties associated with making false statements or misrepresentations on official government forms. For example, the I-9 form carries a warning that federal law provides for imprisonment and fines for false statements. However, the extent of penalties can depend on whether there are simple errors or substantive misinformation. Checking the U.S. citizen box is made under penalty of perjury.

Exceptions for False Citizenship Claims

The laws for citizenship and lawful status in the U.S. are always changing, and politicians are always saying things to the media that get mistaken for actual policies. As a result, it is easy to get confused about who is a U.S. citizen. Many people who incorrectly claim to be legal citizens find out they do not have valid citizenship.

Under U.S. immigration law, there are limited exceptions to deportation based on false claims of citizenship. This exception applies only if the individual’s natural or adoptive parents are or were U.S. citizens, the individual lived in the U.S. prior to age 16, and they reasonably believed at the time that they were a U.S. citizen.

False Claims Before Sept. 30, 1996

There is another potential exception for deportation for a false claim to citizenship made before September 30, 1996. Non-citizens may apply for a waiver, but it requires meeting specific criteria under the Immigration and Nationality Act.

Retracting False Claims After Being in the U.S.

In some cases, you may attempt to retract your statement before the truth is exposed, but this is not guaranteed and is subject to the discretion of immigration authorities. Retractions are only considered timely if made at the same time as the false testimony and before discovery by a Customs and Border Protection (CBP) official.

A retraction doesn’t guarantee that you won’t be prosecuted for violating the law. Claiming to be a U.S. citizen in any of the cases mentioned above is illegal. There are very few known cases of people who received a pardon in these situations.

If you have any other concerns after false claims of citizenship, contact an immigration attorney as soon as possible. Experienced attorneys can explain the consequences of getting into trouble with immigration authorities and provide legal representation before an immigration judge.