RFE Trend Alert: I-9 Employment Verification Forms and False Claims

A new RFE Trend has been identified for the pending adjustment cases, a new alert released indicates that the USCIS Field offices are now issuing requests for applicants of certain applications to show their I-9 Employment Verifications forms for current and past employment.  Though I-9’s may not always be available, applicants may need to show that they have attempted to obtain copies of their previous I-9’s with former employers, and proof showing their request being denied.

It seems that USCIS is also using the I-9’s to determine whether the applicants have made a false claim of US Citizenship or if they have used a false social security number to gain employment.

The applications that are currently being affected are the Adjustment of Status or I-485 applications. So if you are found to have made a false claim of US Citizenship, you could be found inadmissible and your application denied, along with additional civil consequences.

Making a false claim to US Citizenship for benefits including but not limited to getting a US Passport, obtaining employment and entry into the US; or to avoid negative legal consequences like avoiding removal proceedings or Inspection by immigration officials is one of the criteria needed by an officer to find you inadmissible and deny your application.  This claim does not only have to be made to a federal , state or local official; a claim made even to a private person or entity like an employer, would still cause you to be found as having made a false claim of citizenship.

If you are found to be inadmissible and your case is denied, unless you are eligible to file for a waiver, your immigration options would be significantly reduced.