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THE ETENYI V. LYNCH CASE: THE MAN WHO CLAIMED TO BE A UNITED STATES CITIZEN FOR EMPLOYMENT PURPOSES


On August 21, 2015, the United States Court of Appeal for the Eighth Circuit concluded that one man, a native citizen of Kenya, falsely claimed citizenship as an American on a Form I-9 when he applied for a job in 2009.

In defense, the accused male claimed that when he filled out the form on the computer the personal information fields were “pre-populated” (already filled in with his information). He claimed his personal information (name, address, social security number, and date of birth) was all correct and he didn’t notice the box, which claimed his citizenship to the United States, was checked.

The court concluded that his argument was not credible. The man was said to have falsely represented himself as a citizen of the U.S. for a benefit under the Immigration and Nationality Act. Additionally, the court ruled that by signing the document, the man adopted the contents of the document.

Due to the error, the court ruled that the man was inadmissible for permanent residency, which made him ineligible for relief in the form of an adjustment to status.

WHAT CAN YOU DO TO AVOID THESE SAME PROBLEMS?

Claiming to be a U.S. citizen in order to qualify for employment can make a person inadmissible, and thus ineligible for a United States green card. For this reason, it is important to review any official U.S. government forms or immigration paperwork you are required to complete.

Additionally, it would be in your favor to have an experienced immigration attorney review your immigration or government official documents before submitting them. A knowledgeable immigration lawyer can review any paperwork you must submit and ensure you have filled out every field with the correct information. An attorney can also help you thoroughly understand the documents so you can rest easily knowing you’re filling out the correct forms in a timely manner.

If you’re in the process of filing immigration forms and need guidance, contact our New York immigration lawyers at the Fisher Legal Group.

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