This is a question for someone else, let's call her Sara. It is somewhat complicated but boils down to: XXXXX XXXXX you do when your green card
is based on a false birthdate?
Sara is a citizen of India. When she was a child, her father died and her mother took her to Kuwait to try to make a better life. At that time, Kuwait would not let immigrants younger than 16 into the country; Sara was 12, so the mom got Sara an Indian passport that gave the wrong date of birth that indicated that Sara was 16. At some point, Sara came to the US using that Indian passport showing the wrong date of birth.
Fast forward years: XXXXX XXXXXves in NYC, marries a US citizen, starts the immigration
process, and, based upon the the advice of a lawyer, continues to give ICE the wrong birthday because that is what all of her prior documents say. Sara eventually receives a green card without any problem, but based on this wrong birthdate.
Sara applies for citizenship
, but at the final interview, the ICE officer asks for more evidence of her birth (all she had submitted was the Indian passport, and this was deemed inadequate). Sara has her actual birth certificate that says her actual birthdate -- which is a different date of birth than what she has claimed all along, so obviously she does not want to submit that. Her lawyer has two versions of her baptism certificate -- one showing the correct birth year, and the other showing the wrong birth year -- and inexplicably and without Sara's permission, he hands these two conflicting documents to the immigration officer. The IO sees the conflict in dates and takes the documents to a different office "to her supervisor" and comes back saying that it is not sufficient evidence of birth date. The next day, Sara obtains an affidavit of birth from the Indian consulate
affirming her birth date (as the wrong date -- the one on her passport), presents it to the immigration officer, who again hands it back saying it's insufficient.
Now Sara has 3 weeks to produce additional evidence of her birth. [BTW - Sara no longer wants to work with that lawyer, as she feels the initial advice he gave (to keep using the wrong birthdate) was bad and it doesn't seem like he even reviewed her citizenship application before submitting it, because if he did, he would have advised her to have more evidence of date and place of birth.] So the questions are:
1. Should Sara continue to pursue citizenship, or should she settle for permanent residence and withdraw her naturalization
application to avoid further scrutiny?
2. What are the risks of having removal proceedings based on providing false information of the sort described above, and under those circumstances?
3. Did the IO copy the conflicting baptism certificates and put them in Sara's file or otherwise make a note of this problematic evidence? If so, this could cause major problems....
ANY advice on this tricky problem would be needed. And certainly Sara is likely going to be wanting a new lawyer.