Can it affect a false declaration of citizenship?

This week in my column in La OpiniónI answer questions from readers who have doubts about acquiring permanent residency in the United States.

The government rejected my application for permanent residency because I passed myself off as a U.S. citizen in the past. My wife and two children are U.S. citizens. I have never been in trouble with the law and I have done my taxes. Is there any way to ask for a pardon for what I did? - Sergio M.

Persons who misrepresent that they are U.S. citizens in order to obtain a benefit under the immigration laws or any other federal or state law are not eligible for permanent residence. This law applies to all false statements that were made on or after September 30, 1996.

There is generally no pardon for this crime. However, if you can prove that your parents were or are U.S. citizens, that you have lived in the U.S. since before your 16th birthday, and that when you made the false statement you reasonably believed you were a U.S. citizen, the government may allow you to become a permanent resident. Also, any false statement that is timely retracted should not affect your immigration status. Please consult with an immigration attorney as soon as possible so that he or she can thoroughly analyze your case and explain your legal options.

My father is a U.S. citizen and in 2004 I applied for permanent residency for the first time. I am married and I, my husband and children have tourist visas from the U.S. Can we travel to the U.S. with our visas and wait there without affecting our processing? - Zhayra A.

Your application is under the F3 family category (married children of U.S. citizens). The U.S. Department of State is currently processing cases that were sent before May 15, 2002 for all countries except Mexico, China, India and the Philippines. If you are Mexican, the federal government is processing cases that were sent before January 22, 1993. While you are waiting for a visa, you cannot come to live in the U.S. on a tourist visa. If you do, you could jeopardize your processing to the extent that you may lose the opportunity to obtain your permanent residency.

Please note that here I am answering your questions in a general way. Each case is different, so you should consult with an attorney to receive personalized legal advice.