How to get a green card after using someone else’s US birth certificate to get a driver’s license

Boston Green Card Lawyer
You just got married–congratulations. Now, based on your marriage to a U.S. citizen, you want to apply for a green card through the adjustment of status process by filing an I-485 with U.S. Citizenship and Immigration Services. But there’s one tiny problem: a few years back, you knowingly used someone else’s U.S. birth certificate (from Puerto Rico, for instance) to get a Massachusetts driver’s license.
As an immigration attorney in Boston, I come across this problem frequently.

The question is: will fraudulently obtaining a Massachusetts driver’s license by using someone’s valid U.S. birth certificate prevent you from getting a green card? The answer is yes. And if you ask me know how to get a green card after getting a state driver’s license in this fraudulent manner, I would simply tell you that it can’t be done.

Let me explain why. The Immigration and Nationality Act contains a ground of inadmissibility, at Section 212(a)(6)(C)(ii), for anyone who falsely represents himself or herself to being a citizen of the U.S. for any purpose or benefit, or any other federal or state law.

 

Note that the misrepresentation must be “falsely” made–it’s possible that you might honestly but incorrectly believe that you are a U.S. citizen. Also, keep in mind how broad this ground of inadmissibility is. Under this standard, you would be inadmissible if you falsely claim to be a U.S. citizen in connection with obtaining ANY benefit under federal or state law including, for example, misrepresentation on Form I-9 or voting.
Does the false claim to U.S. citizenship ground of inadmissibility applies to your particular case? The answer depends on the facts of your case. It’s a question best answered by a good immigration attorney because there is absolutely no waiver for false claim to U.S. citizenship.
If you are wondering whether false claim to U.S. citizenship might apply to your case, please contact my Boston immigration law office at 617-722-0005. Make an appointment to meet with me. I’d be happy to help you.