These risks are not just related to using US citizen official documents to enter the country but also include those cases in which a person claims to be a US citizen to obtain federal benefits or to get a job in the US Federal Government.
A person who falls into these practices can be placed under a permanent bar. For this bar, there is no ‘forgiveness’ available, for which it can be hard to become a legal immigrant after a person claims to be a US citizen or uses US citizen documents for his/her benefit.
Common scenarios
Entry to the US
One of the most common scenarios in which a person may want to use a US citizen’s documents is to be able to enter the country. For some people, it may seem easy to borrow a US citizen birth certificate or passport to access the US, thus having the opportunity to live or simply stay for a while in the US. The problem with this is that, if it happened after 1996, the person gets the permanent bar, which will prevent him/her from obtaining permanent residence.
In certain situations, a person may have a way to obtain a work permit through Deferred Action. It is worth mentioning that this is not in every case, and that not everyone can regularize their presence in the country after having this kind of mistake in his/her past.
Federal Benefits
This bar can be applied not just after using a US citizen’s official documents to enter the US, but it also applies in simpler scenarios, such as applying for a driver’s license. Using a US citizen’s documents to get a driver’s license can make the person get a permanent bar, preventing him/her from having the opportunity to obtain a permanent residence.
Get a Job
Another situation in which a person may want to borrow someone else’s documents is for getting a job. It is worth mentioning that with these documents, federal taxes are paid. It may seem innocent or unharming, but when is about federal taxes, if someone claims to be a US citizen, this may make him/her get a permanent bar.
When a person uses a US citizen’s documents, the bar applies when is getting a federal benefit. If a US citizen’s documents are being used in order to getting a job in a private company which has nothing to do with the government, and federal benefits such as a driver’s license are not being obtained, it may be possible that the person does not receive the permanent bar.
On the other side, if a US citizen’s documents are being used to obtain federal benefits, this can imply a permanent bar. Even having the bar, there are ways to apply for ‘forgiveness’; but this is not easy, and in case the forgiveness is rejected, the person may end up definitively with no way to become a legal immigrant.
If a person exits the US looking for a consular process, and in the interview, it is discovered that this person used a US citizen’s documents after 1996, at the same consulate he/she may get a bar that will not let him/her regularize his/her presence as a US immigrant.
For these reasons, it is recommended not to fall into these practices. It may seem easy to borrow a US citizen’s documents to enter the US, obtain a driver’s license, or get a job and pay federal taxes, however, this might result in a permanent bar, from which there is no way to be forgiven for.
Even under the permanent bar, there are ways to become a legal immigrant through a Deferred Action or humanitarian visa; however, in many cases, these alternatives do not proceed.
We suggest not falling into these practices.
