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Deportation/Removal Due To Claim of Citizenship, Voting, & Document Fraud

Falsely Claiming Citizenship

Any alien who falsely represents, or has falsely represented, him or herself to be a citizen of the United States for any purpose or benefit is deportable. INA §237 (a)(3)(D).

Waiver/Exception: However, there is an exception to this rule for certain aliens if: (1) each natural parent of the alien is or was a citizen (whether by birth or naturalization), (2) the alien permanently resided in the United States prior to attaining the age of 16, and (3) the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be deportable under any provision of this subsection based on such representation.

Unlawful Voters - INA §237 (a)(6)

Any alien who has voted in violation of any federal, state, or local constitutional provision, statute, ordinance, or regulation is deportable.

Waiver/Exception: An alien may fall within an exception to this rule if the following conditions are met: (1) each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), (2) the alien permanently resided in the United States prior to attaining the age of 16, and (3) the alien reasonably believed at the time of such violation that he or she was a citizen.

Document Fraud - INA §237 (a)(3)(C)

An alien may be deportable if they are convicted under the Immigration Nationality Act ("INA") for, among other offenses, forging, counterfeiting, altering, or falsely making any document for the purpose of satisfying a requirement of the INA or to obtain an immigration benefit.

Waiver: The Attorney General may waive this ground for deportability if: (1) The alien lawfully admitted for permanent residence, (2) if no previous civil money penalty was imposed against the alien for the offense, and (3) the offense was incurred solely to assist, aid, or support the alien's spouse or child (and not another individual). INA §237 (a)(3)(C)(ii).