(A)  Definition of the Category.  The statute includes, within the aggravated felony definition of this category:

 

an offense (i) which either is falsely making, forging, counterfeiting, mutilating, or altering a passport or instrument in violation of section 1543 of title 18, United States Code, or is described in section 1546(a) of such title (relating to document fraud) and (ii) for which the term of imprisonment imposed (regardless of any suspension of such imprisonment) is at least 12 months, except in the case of a first offense for which the alien has affirmatively shown that the alien committed the offense for the purpose of assisting, abetting, or aiding only the alien’s spouse, child, or parent (and no other individual) to violate a provision of this Act . . . . [476]

 

This provision has several key elements:

 

            (1)  A conviction of a listed offense in violation of 18 U.S.C. § 1543 (certain passport fraud offenses), or a conviction of any violation of 18 U.S.C. § 1546(a) (fraud concerning any document required for entry into the United States);

 

            (2)  For which the sentence imposed is at least 12 months imprisonment (even if part or all is suspended),

 

            (3)  Except for a first offense in which the noncitizen aided only his or her spouse, child, or parent.

[476] INA § 101(a)(43)(P), 8 U.S.C. § 1101(a)(43)(P).

Eighth Circuit

AGGRAVATED FELONY - POSSESSION OF UNSIGNED COUNTERFEIT SOCIAL SECURITY CARD
United States v. Pool-Chan, ___ F.3d ___ (8th Cir. Jul. 18, 2006) (federal conviction of possession of counterfeit social security card violates 18 U.S.C. 1546(a), even if the card is not signed). http://caselaw.lp.findlaw.com/data2/circs/8th/054015p.pdf

Other

IMMIGRATION OFFENSES " FEDERAL LAW PREEMPTS STATE IDENTITY FRAUD PROSECUTIONS RELATED TO FEDERAL I-9 FORMS
State v. Reynua, State of Minnesota, Mower County District Court (Jul. 23, 2012) (File No. 50-CR-09-1811) (unpublished) (admission of an I-9 form in a state forgery prosecution was reversible error); on remand after State v. Reynua, 807 N.W.2d 473 (Minn. App. 2011), review granted, revd in part and remanded (Minn. Feb. 28, 2012) (8 U.S.C. 1324a(b)(5) means what it says -- that other than specified federal prosecutions, the I-9 form and appended documents may not be used to establish a state crime).