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The recent decision of the 8th Circuit Court of Appeals in Rodriguez v. Mukasey has sent what I would charatcterize as a minor tremor through the legal community. In that decision the court held that "an alien who marks  the 'citizen or national of the United States' box on a Form I-9 for the purpose of falsely representing himself as a citizen to secure employment with a private employer has falsely reprsented himself for a benefit or purpose under the Act."

As many already know, making a false claim to U.S. Citizenship makes a person ineligible for any immigration benefit (INA § 212(a)(6)(C)(ii)(I)), and there is no way to waive this finding when an individual is applying for permanent residency. This holding at the 8th Circuit, while not surprising, requires a thoughtful analysis by an attorney for any person applying for permanent residency if they have check the 'citizen or national of the United States' box on a Form I-9, specifically, did the individual falsely represent him or herself to be a U.S. Citizen in doing so? The this to understand about Rodriguez, is that he signed a statement when he was interviewed by USCIS admitting to making a false claim to U.S. Citizenship. He also admitted to using a fake Texas birth certificate. It would therefore seem that absent an admission to using fake documents that inherently claim U.S. Citizenship (birth certificate or passport), merely checking the 'citizen or national of the United States' box on a Form I-9 should not result in a finding of inadmissibility under INA § 212(a)(6)(C)(ii)(I). However, USCIS officers have a way of tricking people into saying things they do not necessarily intend to. Never underestimate the need for careful and thoughful preparation for the interview.

Therefore, if you are planning on applying for permanent residency and have checked the 'citizen or national of the United States' box on a Form I-9, you should consult an attorney who is familiar with Rodriguez to determine if you will be successful or found to have made a false claim to U.S. Citizenship.