How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 104784
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
Type Your Immigration Law Question Here...
Guillermo J. Senmartin, Esq. is online now
A new question is answered every 9 seconds

Illegal since 1982, Deported in 2004

This answer was rated:

Hi. I came into the USA as an illegal when I was only 6 months old. I spent all my life there until 2004 when I was deported under section 212(a)(9) of the immigration law for false representation. Since then I graduated top in my class in Mexico and am a licensed architect. I have, since then, filed visas as a nonimmigrant and have been granted them. My plans are to continue my studies and get a Master's degree. With the new immigration bill just approved by the US Senate, would I be eligible to request the provisional visa so that I can continue my studies as I can easily prove that I had been brought into the US since my infancy in 1982? How can I go about changing my status?


On another note, my mother petitioned for me in 1991 under a Family Unity form, but she passed away in 1996 before the process was completed, and I never knew if it was.

Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.

What was the false representation?

Also, was the I-130 approved before or after your mother passed away? If it was approved before she passed, what relatives do you have in the U.S. that are U.S. Lawful Permanent Residents or U.S. Citizens?
Customer: replied 3 years ago.

I falsely stated I was a US Citizen.


I guess my immigration story is a bit complex. I was first granted a temporary residency in 1989 under the Amnesty Act of that year when President Bush Sr. granted legal residency to all those who were in the US prior to January 1st, 1982. They then revoked the visa as it was impossible for me to be in the US prior to said date as I was born in April 1982. Then my mother petitioned for me in 1991, and she received a letter stating that the form had been accepted, but the final approval never came. Since then I took out diverse visas to try to keep some kind of legal status in the US such as student visas but overstaying them. It wasn't until 2004 that being drunk I falsely stated I was a US citizen and was detained and removed from the US.


I have an older brother and father both of whom are US legal residents and a younger sister who is a US citizen.

Oh no! I would have had great news for you because under the 2013 Immigration Reform, IF it passes in the form that it is now, you would have been eligible to apply for the DREAMers provision under the new law even though you were ordered deported. You would still have qualified, but unfortunately, you will never become a U.S. Lawful Permanent Residency unless the basic law changes in regards XXXXX XXXXX false claim to U.S. Citizenship.

There are 4 things in U.S. immigration law that have no forgiveness, that not even a U.S. Presidential pardon works, and those are fraud marriage, trafficking of a controlled substance, money laundering and false claim to U.S. Citizenship.

So when and if they find out about it (and they will because they ask that specific question on the N-400 application to become a U.S. Citizen), you will be denied U.S. Citizenship, or renewal of a Residency status and you will be deported from the U.S. I am truly sorry. Here is a link so that you can read more about it:

A person who falsely represents or has falsely represented him- or herself to be USC to obtain benefit under INA, federal, or state law is removable. This section applies to representations made on or after Sept. 30, 1996. IIRIRA §344(c). Congress has provided an exception and a person will not be subject to deportation or removal if:

(1) parents were or are USCs; (2) the person permanently resided in the U.S. prior to 16; and (3) the person reasonably believed at the time of making such representations that he or she was a USC.

I am truly sorry for the bad news. Here are a few more links that you can read about it:

Again, I am truly sorry, but the new immigration reform bill does not waive a false claim to U.S. Citizenship. So your only options would be to hope that the law changes in that regard that I don't think is going to happen, or you have to hope for a Private Bill. A Private Bill is basically a bill introduced into the Congress where the majority approve it which would be a special law applicable just for you or a small group of people. As you can imagine, that's really a long-shot.

I wish I had better news for you. But at least you can continue to visit as you have been, maybe even get an F-1 student visa if your intention is to go back home when you are done. But as far as Lawful Permanent Residency goes, I don't think that will ever happen for you. I wish it wasn't the case because it is one of the most unfair laws we have, but until that changes, you don't really have a good option. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to Thank you!
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 104784
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 4 other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks for the response. I wasn't aware that even a presidential pardon could cure my record of this ordeal. You saved me a lot of time and toil in that arena.


I can't say that I had hoped that with the fact that I had lived in the US for over 20 years and that I had misrepresented myself while slightly intoxicated I could waiver this claim. I just wish I had known about this part of immigration law at the time so as to have avoided committing such a stupidity on my behalf.


Well, 30 years of immigration struggle since practical birth is exhausting. I'll hang my coat on this ordeal. The way I see it, it's the country's loss, and Canada's gain. I will be applying for my visa there and doing it the legitimate way, rather than the way my parents did it for me.


If the law does change in the next 10 to 20 years, which it probably won't, good, but by then I will have long since grown tired of the bureaucratic immigration process and my American Dream has now officially been laid to rest. My new dream is the one I can pave for myself and not one that relies on some law or some official.


Thanks again.





Arq. Luis de la Fuente


I totally understand. Canada has their act together and we do not. Hopefully they will change in the future. Thank you for rating me positively and good luck to you.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK

Meet The Experts:

  • Ely


    Counselor at Law

    Satisfied Customers:

    Private practice in several areas, including immigration
< Last | Next >
  • Ely's Avatar


    Counselor at Law

    Satisfied Customers:

    Private practice in several areas, including immigration
  • Wilton A. Person's Avatar

    Wilton A. Person

    Immigration Lawyer

    Satisfied Customers:

    Knowledgeable and experienced immigration lawyer.
  • Law Girl's Avatar

    Law Girl


    Satisfied Customers:

    My law firm practices immigration law.
  • Gintare Grigaite's Avatar

    Gintare Grigaite

    Immigration Attorney

    Satisfied Customers:

    Expert Immigration Attorney
  • TheLeadCounsel's Avatar


    Immigration Attorney

    Satisfied Customers:

    Immigration and Naturalization
  • Charlotte E. Viener, Esq.'s Avatar

    Charlotte E. Viener, Esq.


    Satisfied Customers:

    Over 10+ years handling all aspects of Immigration Law.
  • Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Immigration Lawyer

    Satisfied Customers:

    10+ years of experience in various aspects of U.S. Immigration Law.

Related Immigration Law Questions