What happens when a small, misplaced checkmark on a dusty form turns your entire life into a legal nightmare?
For our client from Kenya, a simple misunderstanding on an outdated employment form nearly cost her everything. She first entered the U.S. legally in 2006 on an F-1 student visa and lawfully obtained a social security number (SSN) for on-campus work.
In 2009, she sought off-campus employment and completed an I-9 form that listed one combined option for “U.S. citizen or national of the United States.” Believing “national” referred to her status as a foreign national (non-citizen), she checked that box.
This clerical mistake was later aggressively pursued by USCIS as a false claim to U.S. citizenship.
Years of Denials and Withdrawal
The client married her U.S. citizen spouse in January 2014, and he filed an I-130 petition. After an interview in 2015, the case was denied for alleged marriage fraud and false claim to U.S. citizenship. She was immediately placed in removal proceedings.
Her U.S. citizen husband filed a second I-130 petition in 2017. However, while her case was pending in immigration court, her husband mistakenly withdrew the petition.
After a lengthy appeal process, her I-290B appeal was denied in early 2024 despite 10 years of marriage and a child together. Our client faced an uncertain future after her tumultuous journey.
However, they did not give up! Her husband filed a third I-130 petition in July 2024.
Our Legal Strategy
When she consulted with Attorney LaToya McBean Pompy in June 2024, she had endured years of continuous legal setbacks. Her husband’s third I-130 was still pending.
Our team immediately ordered her immigration records and located the original pre–April 2009 I-9 employment form to fight the government’s allegations that she had falsely claimed to be a U.S. citizen. We knew that this allegation is a permanent bar, and we wanted to give our client a winning chance to prove that she never committed this “unpardonable immigration sin.”
We found key evidence in her records that confirmed the form’s ambiguity, as it did not clearly distinguish “U.S. citizen” from “noncitizen national.”
We built a powerful defense demonstrating that the client never had the intent to falsely claim citizenship. Crucially, the government had previously failed to prove its allegation of false claim in her court proceedings, leading the Immigration Judge to terminate her removal case in July 2024.
With the third I-130 finally approved, McBean Law swiftly filed her I-485 Adjustment of Status in April 2025.
The Final Victory
She attended her interview at a USCIS Texas field office in September 2025. There, she confidently explained the decade-long misunderstanding stemming from the outdated I-9 form. Just three days later, she was approved for permanent residency—finally achieving her green card after nearly a decade of complex legal battles!
This case is a powerful testament that thorough investigation, which unearthed a critical detail about an outdated form, coupled with persistent advocacy, can overcome even the most serious and long-standing legal hurdles, including overcoming the alleged false claim to U.S. citizenship.
At McBean Law, we turn complex histories into successful futures. Every case is different, of course, and we cannot promise that every client will succeed. However, with careful diligence and research, we look for the best possible outcomes for our clients.
If you or someone you love is navigating a difficult immigration case, McBean Law can help. Call us at (914) 898-9488 to schedule a private consultation.
P.S. Every case is different. Prior results do not guarantee similar outcomes. Always consult with a licensed immigration attorney about your specific case.
