Federal criminal laws make it a crime for you to falsely claim U.S. citizenship. As an example, you’re guilty of this offense if you claim to be a citizen to a U.S. Customs official when entering the U.S. Falsely claiming citizenship is a serious federal offense that can result in deportation or a finding of inadmissibility. Please contact a skilled criminal defense attorney now if you are facing charges of a federal crime.

How Does Federal Law Define “Falsely Claiming Citizenship”?

18 USC 911 is the federal statute that sets forth the law on falsely claiming citizenship. Per this law, you commit a crime if you knowingly make a false claim of U.S. citizenship. Examples of false claims include:

  • Claiming to be a citizen on a student loan, passport application, or mortgage application,
  • Claiming to be a citizen to a U.S. Customs official when entering the U.S.,
  • Presenting a fraudulent passport or birth certificate, and
  • Unlawfully registering to vote.

What are the Penalties?

Falsely claiming citizenship can result in any of the following:

  • Custody in federal prison for up to three years,
  • Fines,
  • Deportation,
  • A finding of being inadmissible to the U.S.,
  • A denial of most visas and paths to residency, and
  • Denial of naturalization.

Can a Defendant Raise a Legal Defense?

Yes. You have the right to challenge a false claim of citizenship charge with a legal defense. Perhaps the most common defense is for your criminal defense attorney to show that you did not act with criminal intent. Recall that you are only guilty of violating 18 USC 911 if you knowingly made a false claim of citizenship.

A defense then is to prove that you did not act with the knowledge that you were making a false claim. For example, maybe you were confused with a question or statement on a document and made a false claim by accident. If so, your defense lawyer can try to have your charge reduced or dismissed altogether.

Contact Black & Askerov for Help

While a defendant can raise a legal defense to challenge a false claim of citizenship charge, it will take a skilled criminal defense attorney to raise the best defense. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on various criminal charges under federal law. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!

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