Asian Journal- The Filipino-American Community Newspaper

AS EVERYONE who has applied for a job in the United States knows, you have to show that you have the right to work before you can be hired. As every non-citizen should know, falsely claiming to be a United States citizen is the kiss of death to living legally in the US. Under the Immigration & Nationality Act, any alien who falsely represents, or has falsely represented himself or herself to be a citizen of the United States for any purpose or benefit under the Act is both inadmissible and deportable.

There is no waiver for this misrepresentation if it was made on or after September 30, 1996. There is one limited exception, however. If each natural or adoptive parent of the alien is or was a citizen of the United States (either by birth or naturalization) and the alien permanently resided in the United States prior to attaining the age of 16 and the alien reasonably believed at the time of making such representation that he or she was a citizen, he or she is neither inadmissible or deportable for that misrepresentation.

Despite the draconian ramification, many people falsely state that they are US citizens in order to get a job. The motivation is understandable. The immigrant needs a job in order to support himself and his family. If you state that you are a lawful permanent resident or have a non-immigrant work visa, you have to show the green card or visa. If you say you are a United States citizen, you are generally not asked for a birth certificate or naturalization certificate. The ease with which the misrepresentation can be made may be one of the reasons the punishment is so harsh.

Nonetheless, desperate people take desperate actions. More than one person has checked off the "I attest, under penalty of perjury, that I am ... [a] citizen or national of the United States" on the I-9 Employment Eligibility Verification Form in order to get a job.

What are the implications of checking off that box? Is the alien saying that he is a citizen or a national? And what is the difference? All citizens of the United States are nationals, but some nationals, such as persons born in US territorial possessions (e.g. American Samoa) are not citizens. Nationals owe permanent allegiance to the United States but are not citizens. The responsibilities and benefits of a national are less than those of a citizen.

The ramifications of checking that box on the I-9 were discussed in a case from the Ninth Circuit Court of Appeals, United States of America v. Karouni. In that case, Karouni was charged with violating a section of law that makes it a crime to falsely claim to be a US citizen (yes, making that claim can not only get you deported, it can get you sent to jail). The court held that the box on the form was ambiguous and that the criminal statute did not make it a crime to falsely claim to be a US national.

That is not the end of the story, however.

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