Form I‑9 and False Claim to U.S. Citizenship: The Citizen Box, Forms Before 2009, and Your Defenses — Loblack Strategy™

Attorney Peter Loblack | Harvard‑educated | Immigration Attorney for 30+ Years
Offices in Orlando & Plantation, Florida. Serving clients throughout Florida, the U.S. Virgin Islands, across the U.S., and globally. Virtual and in‑person consultations available.

Loblack Strategy™ vs. What General Attorneys and Nonlawyers Do

An I‑9 case is decided on the form, its edition, and who completed it.

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What Form I‑9 Asks and Why the Box Matters

Employers verify identity and work authorization on Form I‑9. Section 1 is completed by the employee, who attests to one of four statuses.

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Why Employment Is a Purpose or Benefit

The false claim ground reaches a claim made for any purpose or benefit under the INA or any federal or state law.

• Employment. Obtaining a job is a purpose or benefit. A claim of citizenship on Form I‑9 meets the element when the intent was to obtain the job.
• Private recipient. The claim is made to an employer, and the ground reaches claims made to private persons.
• Burden. The applicant carries the burden of showing a lack of intent to obtain a purpose or benefit.
• Eleventh Circuit. Materiality of the claim is not required in Florida, Georgia, and Alabama.

Find out whether your Form I‑9 meets the element →

Forms Completed Before April 3, 2009

Earlier editions of Form I‑9 listed citizens and noncitizen nationals together in a single box. The revised form separates them.

• The ambiguity. A person who checked the combined box may have been claiming national status and not citizenship.
• How USCIS reviews it. The edition of the form, the date, and the person's circumstances are reviewed.
• The record. The employer's copy shows the edition and the box.
• Date limit. Claims made before September 30, 1996 fall outside the ground.

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Who Completed the Form

The record has to show who checked the box and who prepared the form.

• Employee completed. The employee's signature attests under penalty of perjury.
• Preparer or translator. A preparer or translator completes a section and signs.
• Employer pre-filled. A box checked by someone else, without a statement by the employee, is a different fact pattern.
• Agent statements. A statement by an agent on the person's behalf is attributed to the person.
• Staffing agencies and E-Verify. Additional records may exist.

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The Records That Decide an I‑9 Case

The records are requested before any response to USCIS.

• Employer file. The Form I‑9, the documents listed, and the dates.
• Job application. Citizenship questions on the application are a second record.
• E-Verify case results. The query record and the result.
• Payroll and tax records. W-2 and employment dates.
• Prior filings. Statements on earlier immigration applications.
• Documents presented. A document that represents citizenship, such as a U.S. passport, a birth certificate, or a certificate of naturalization, is a claim of citizenship by itself. Presenting it is analyzed as a false claim and, separately, under the fraud and misrepresentation ground.

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Defenses in an I‑9 Case

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Myths vs. Legal Realities

Why Clients Choose Attorney Peter Loblack for Form I‑9 Cases

An I‑9 allegation turns on one form completed years ago.

• 30+ Years of Immigration Experience. Attorney Loblack has defended false claim allegations before USCIS and in Immigration Court.
• Form and Edition Review. He obtains and reads the employer file.
• Overlapping Grounds Mapped. A document that represents citizenship is analyzed as a false claim and under the fraud ground.
• Direct Access to Attorney Loblack. You work with Attorney Peter Loblack, never a call center, a paralegal, or a nonlawyer.