Similarly, an applicant who has self-petitioned
A question about past false claims to citizenship DOES appear on the application for naturalization (Form N-400). He failed to show he had not made this claim to U.S. citizenship with the subjective intent of achieving the purpose of avoiding removal proceedings. States; the applicant would not be shielded from ineligibility under INA
(For example, an applicant who is an
attendance at, a hearing to determine inadmissibility or deportability is
Determine whether noncitizen timely retracted the false claim to U.S. citizenship. See Matter of Soriano-Salas, 2007 WL 2074526 (BIA 2007). a proper determination that they be inadmissible." any individual who at any
engaged in a misrepresentation that created the appearance that they had
(f) (U) Other documents that
Whether a noncitizenmade the false claim with the specific intent of obtaining a benefit is a question of fact and dependent on the circumstances of each case. See id. (b) (U) Once you find that a
a. For the retraction to be effective, it has to be voluntary and without delay (timely). a. the failure to volunteer information does not in itself constitute a false
misrepresentation. benefit. while in unlawful status, or before November 30, 1996, does not count against
did they intend to create a marital union? (U) INA 212(a)(6)(E) provides that
to: (1) (U) Before the individual's
waiver of INA 212(a)(6)(B) for IV applicants. caused by their misrepresentation may be resolved against the applicant. However, the other elements of an ineligibility finding under INA
This decision only applies to cases within the jurisdiction of the Eleventh Circuit, which covers Georgia, Alabama, and Florida. Step 5: Does a statutory exception exempt the individual from the inadmissibility grounds? since the misrepresented facts did not tend to lead you into making an
9 FAM 302.9-6(D)(1) (U) Waivers
A person may be placed into removal proceedings even if the false claim was made unintentionally or to certain private parties administering a government benefit. 3) the child was a U.S. permanent resident prior to age 16, and. In Matter of K, the BIA said the generic waiver for fraud or misrepresentations, then found at INA 241 (f), could be used to waive specific types of fraud, including a false claim to U.S. ones children. (U) To find an individual ineligible
(see 9 FAM 302.9-7(D)
Inthese cases, the applicant mustdemonstrate to an officer that he or she understandsthe distinction between a U.S. citizen and non-U.S. citizen national. apply at the time of visa application because it applies only to individuals
A frivolous asylum claim is defined as a statement made knowing it is untrue and made for the purpose of obtaining asylum. excludable any individual who is the subject of a final order under INA 274C,
States citizenship actually affects or matters to the purpose or benefit
Chapter4,Exceptions and Waivers,Section C, Waiver[8 USCIS-PM K.4(C)]. 9 FAM 302.9-7(D)(2) (U)
provision. "reason to believe standard, which requires more than mere
citizenship to obtain a U.S. passport, entry into the United States, or any
[9], The Employment Eligibility Verificationform(Form I-9) used prior to April 3, 2009, asked the person completing it whether the person is a citizen or national of the United States and required checking a box corresponding to the answer. (U) INA 212(a)(6)(B) provides that
that the applicant misrepresented their purpose of travel at the time of the
difference because the IV waiver provisions relating to INA 212(a)(6)(C)(i) and
Consequences of False Claim to Citizenship - Tancinco Determining False Claim to U.S. [^ 7]SeeU.S. Constitution, amend. FAM 302.9-4(B)(4)); (3) (U) The fact
SeeCrocock v. Holder, 670 F.3d 400 (2nd Cir. INA 214(m)(2). Misrepresentation - INA 212(a)(6)(c)(i). c. (U) Defining "Public":
demonstrates that they were in Federal or State custody and the failure to
[11]. reasonable causes for failing to attend removal proceedings: (1) (U) Filing a motion for
employment authorization, or was later used to gain another immigration
Similarly, an oral
officers questions during which the officer gave the applicant a chance
[^ 45]SeeLlanos-Senarrilos v. United States, 177 F.2d 164, 165 (9th Cir. is ineligible under INA 212(a)(6)(B) provided they meet the criteria specified
Form I-130 petition or the intended
& N. Dec. 118 (BIA 1960); Matter of RSJ, 22 I. unmarried to qualify for first preference status, and was, in fact, married and
"Smugglers" or INDIVIDUALS Assisting others to enter the uSA in
In order to qualify for this type of relief, however, a showing of good moral character is required for non-permanent residents (non-LPRs). 2011). (U) In General: The school
requirements. establishing this affirmative defense by the appropriate standard of proof (clearly
An official website of the U.S. Department of Homeland Security, An official website of the United States government, Part A - Admissibility Policies and Procedures, Part D - Criminal and Related Grounds of Inadmissibility, Part H - Labor Certification and Select Immigrant Qualifications, Part Q - Practicing Polygamists, International Child Abductors, Unlawful Voters, and Tax Evaders, Technical Update - Incorporating Eleventh Circuit Case Law, Technical Update - Replacing the Term Alien, Technical Update - Moving the Adjudicators Field Manual Content into the USCIS Policy Manual, POLICY ALERT - False Claim to U.S. Bribery: An attempt by an applicant to obtain a visa or admission to
Unlike inadmissibility for fraud and misrepresentation,[3]a noncitizendoes not have to make the claimof U.S. citizenshipto a U.S. government official exercising authority under the immigration and nationality laws. 1 USCIS-PM - Volume 1 - General Policies and Procedures, 7 USCIS-PM - Volume 7 - Adjustment of Status, 9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief, 10 USCIS-PM - Volume 10 - Employment Authorization, 11 USCIS-PM - Volume 11 - Travel and Identity Documents, 12 USCIS-PM - Volume 12 - Citizenship and Naturalization. [^ 35]This conclusion is consistent with the rationale ofMatter of Richmond,26 I&N Dec. 779(BIA 2016). (2) (U) The Secretary of
If the benefit requires U.S. citizenship as part of eligibility, then the noncitizens false claim is material. (U) Other Benefit Provided Under This Act: The
If you make a false claim to U.S. citizenship in order to obtain a federal or state benefit, you are removable from the United States. individual for whom the petition was filed), such as the family member in a
Federal or State law, while 212(a)(6)(C)(i) is limited to fraud or
claim to citizenship under INA 212(a)(6)(C)(ii). status or an adjustment of status would be required, without the benefit of
Relationship Petitions: USCIS retains exclusive authority to deny or
failed to meet the statutory requirements for the visa as a matter of law but
9 FAM 302.9-6(B)(1) (U)
to receive a visa under INA 212(a)(6)(F). reasonably believed at the time of such violation that they were a U.S.
the United States. Noncitizens should be aware that applying for student loans can not only lead to a removal hearing, but also trigger criminal charges for theft, fraud, and other crimes that have long-term immigration consequences. to explain or correct a potential misrepresentation. Title 18 U.S. Code 911 involves a maximum sentence of three years for a violation, and unlawful claims to citizenship under Title 18 U.S. Code 1015 involve a maximum sentence of five years. Interpretation of the Term Material Fact. inconsistent with an applicants nonimmigrant status depends on the
misrepresentation in or before primary inspection at a port of entry would not
principal beneficiary of a petition, even when named in the petition, would not
This content has been superseded by the current version available in the Guidance tab. proceedings, if the individual can provide sufficient and credible
misrepresentation material. The two issues are closely connected. b. Worse, some noncitizens are misinformed about their eligibility to vote. (AKA "Independent Ground of Ineligibility"): Ineligibility
(U) INA 212(a)(6)(C)(ii) renders
ineligible for a visa as a matter of law. The definition of a passport in INA 101(a)(30) requires that the document show the bearer's
Citizenship Ground of Inadmissibility and Matter of Zhang, Technical Update - Replacing the Term Foreign National, POLICY ALERT - False Claim to U.S. This inquiry is not necessary if the applicant used the April 3, 2009,edition or anylater edition of theForm I-9, because these editionsclearly differentiate between Citizen of the United States and Non-citizen National of the United States., Anofficer should determine whether theclaim to U.S. citizenship occurred on or after September 30, 1996. (U) Misrepresentations in Family
Let us use the example of an applicant for an NIV who
See, e.g. basis. This technical update replaces all instances of the term foreign national with alien throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [any person not a citizen or national of the United States]. INA 240B, and adjustment of status. Chapter 2 - Determining False Claim to U.S. for extension of stay, change of status, consent to reapply for admission,
not material under the independent ground of ineligibility prong of INA
U.S. citizens and nationals arenot subject to the same inspection process asnoncitizens. Further, the representation
9 FAM 302.9-8(B)(3) (U)
You must provide the
(d) (U) A consular manager must
true facts considering the applicant's misrepresentation. A false claim has a natural tendency to influence the official decision to grant or deny the benefit if the person would not obtain the benefit on the true facts, or if the false claim tends to cut off a line of inquiry, which is relevant to the eligibility and which might have resulted in a proper determination that the noncitizen is not eligible for the benefit. This offense carries severe consequences and takes away almost all possibilities to gain legal status, as there is no waiver to forgive this offense. It was an equitable remedy to the harsh consequences of making such a false claim. hXn6}IEYd#\2$%M3bCc&9gds #\ys !D*}@QkF 30:hqo2=TD> ineligible under INA 212(a)(6)(E) provided they meet the criteria specified in 9 FAM 305.4-3(H). INA 212(a)(6)(C)(ii)- Illegal entrants and immigration violators- falsely claiming citizenship, G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, How to Use the USCIS Policy Manual Website (PDF, 2.99 MB). 90 Days of Admission to the United States: (a) (U) If an individual engages
(3) (U) Materiality is
Applications for Admission at Ports of Entry: (U) Defining "Publicly Funded
(U) INA 214(m) prohibits an individual
status, marrying a United States citizen or LPR and taking up
It is too late to register for Selective Service, and they will not be . & N. Dec. 412 (BIA 1973); referring to Matter of M, 9 I. The officer should examine all facts and circumstances when evaluating inadmissibility for falsely claiming U.S. citizenship. [42]The applicant must correct the representation before an officer or U.S. government official challenges the applicants truthfulness and before the conclusion of the proceeding during which the applicant gave false testimony. Different Standards for Finding of Fraud or Willfully Misrepresenting a
the applicant made a misrepresentation related to some benefit under the INA
SeeJamieson v. Gonzales, 424 F.3d 765 (8th Cir. An alien is not barred by section 101(f) (6) of the Immigration and Nation- ality Act from establishing good moral character where he has made a vol-untary and timely retraction of attempted false testimony in statement made before immigration officer. 911; 8 U.S.C. & N. Dec. 118 (BIA 1960) and Llanos-Senarrilos v. United States, 177 F.2d 164 (9th Cir. The applicantsinadmissibilityfor a false claim to U.S. citizenship depends on whether the applicant meets the burden of showing that he or she intended to claim to be a U.S. national when completing theForm I-9. (U) An individual may transfer
For more information on inadmissibility based on fraud and willful misrepresentation, see Part J, Fraud and Willful Misrepresentation [8 USCIS-PM J]. (U) INA 212(a)(6)(G) renders ineligible
Llanos-Senarillos, 177 F2d at 165 (9th Cir. have been a stowaway in the past does not in itself make the person ineligible
But see Patel v. U.S. Atty Gen., 971 F.3d 1258 (11th Cir. administrative decisions concerning this part have evolved into what has become
However, falsely claiming citizenship on behalf of another noncitizen may make the noncitizen inadmissible for alien smuggling. & N. Dec. 863 (BIA 1999)). (2) (U) A separate affirmative
supports the petition or submitting a fraudulent degree in connection with an
citizenship. it is otherwise in the public interest, waive visa ineligibility under INA
Willful material misrepresentations made as part of a
the interpretation of "material misrepresentation., 9 FAM 302.9-4(B)(3) (U)
made. (U) INA 212(a)(6)(D) provides that
b. misrepresentation is now directly relevant to the current visa case. etc. That means they can be material for purposes of
According to the court, the Immigration Judges (IJ) and the BIA conclusion that Castro made a false claim of U.S. citizenship for the purpose of evading detection by immigration authorities seemed to have been built solely on the assumption that this was a reasonable purpose to ascribe to Castro because he was undocumented. However, one last lifeline is a concept known as Timely Retraction. [^ 13]INA 212(a)(6)(C)(ii)(I)makes a noncitizensubject to removal as inadmissible. Furthermore, the police could not have conferred such a result, and the noncitizens status as a U.S. citizen was immaterial to the arrest proceedings because the police treated U.S. citizens and noncitizens the same. being exposed by the U.S. Government official and before the conclusion of the
(U) "Misrepresentation"
Interpretation of the Term Willfully. 8 USCIS-PM K.2 - Chapter 2 - Determining False Claim to U.S. institution in F-1 status and then switches to a public school in violation of
SeeMatter of M-,9 I&N Dec. 118 (PDF)(BIA 1960) (also cited byMatter of R-S-J- (PDF), 22 I&N Dec. 863 (BIA 1999)). applicants behalf does not serve to insulate the applicant from
& N. Dec. 288 (BIA 1975). activity for which a change of status (NIV to NIV) or an adjustment of status
3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole, 4 USCIS-PM - Volume 4 - Refugees and Asylees. an AO for a 6C1 finding where the FAM specifically states that an AO is
Consequences for False Claims to US Citizenship - Prizant Law (BIA Dec. 30, 2013). decisions about the applicability of INA 212(a)(6)(C)(i), a distinction has
[^ 36]See Department of State Cable (no. (U) You may, in your discretion,
This includes, but is not limited to, such
residence in the United States before/after marrying a U.S. citizen or LPR, you
MISREPRESENTATION and Other Immigration Violations - INA 212(a)(6), (CT:VISA-1694; 02-06-2023)
Waivers for Immigrants. (2) (U) Inconsistent Conduct Within
d. (U) Misrepresentation Must be Made
not be ineligible under INA 212(a)(2)(A)(i)(I) and
212(a)(6)(D) (8 U.S.C. But see Patel v. U.S. Atty Gen., 971 F.3d 1258 (11th Cir. It should be noted that a timely retraction doesn't guarantee that you won't be prosecuted for violating the law. 9 FAM 302.9-1(B) (U) Code of
led to a proper finding of ineligibility. The eligibility is not restricted to U.S. citizens but a noncitizenmust submit additional evidence that a U.S. citizen is not required to submit. for example, where an oral misrepresentation is made by another person on
who attempted or achieved entry to the United States before September 30, 1996,
This technical update to Volume 8 modifies several footnotes to note the divergence from the Board of Immigration Appeals (BIA)s decision in Matter of Richmond,26 I&N Dec. 779, 787 (BIA 2016) in the Eleventh Circuit. [^ 30]SeeMatter of Pinzon (PDF), 26 I&N Dec. 189 (BIA 2013). Withrespectto whether a false claim to citizenship must be "knowing" to establish inadmissibility under section 212(a)(6)(C)(ii)(I), the court stated, Determining Compliance with Financial Reimbursement Requirement. was consistent with their nonimmigrant status. presumption of misrepresentation; (ii) (U) Enrolling in a course
The grounds of inadmissibility or removal that result from these misrepresentations can be waived (forgiven) if the alien can show (among other things) that their qualifying relative (USC or LPR parent or spouse for inadmissibility grounds and USC or LPR parent, spouse or son or daughter for removability ground) will suffer extreme hardship if the alien is not permitted to remain in the United States and that the alien should be granted the relief in the exercise of discretion. be ineligible for a visa for the same conduct. the question "no" should generally be considered to have made a
[5]A non-citizen U.S. nationalowes permanent allegiance to the United States and is entitled to live in the United States but is not a citizen. ), as set forth in Matter of Lozada, 19
standards for an INA 212(a)(6)(C)(i) finding (see 9 FAM 302.9-4 for more information), including the
It applies where the alien voluntarily and prior to any exposure of the attempted fraud corrects his statement and tells the truth. In previous years, the immigrant was eligible for a waiver. [40]However, the person may be inadmissible as a noncitizen who is in the United States without inspection and admission or parole. (10), you may request an AO from L/CA. 9 FAM 302.9-9(D)(1) (U)
any other immigration benefit. that their true intent at the time of the presumptive willful misrepresentation
made a misrepresentation on the visa application by claiming to have a well-paying
to perpetrate fraud on the U.S. Government and will result in ineligibility
False Claim to U.S. Citizenship | Gillin Law Group, PLLC are not automatically material and must be considered as any other
depending upon the facts of the individual case, that an individual who is the
A noncitizenwho comes into the United States based on a false claim to U.S.nationalityis not inadmissible under the provision relating to false claims to citizenship. You should not inquire into the
Civil Penalty - INA 212(a)(6)(F). The Doctrine of Timely Retraction can undo the lie and the attending bar that goes with it. The Board of Immigration Appeals has defined timeliness as a question of whether the immigrant retracted his false statement before its falsity had been or was about to be exposed. 302.9-9(B)(8) below and do not exceed the one-year time limitation. An individual who makes a
(IR categories); (2) (U) Unmarried sons and
under INA 212(a)(6)(C)(i), you must determine that the following four elements
eligibility to receive a visa. 9 FAM 302.9-7(B)(4) (U)
(U) The INA does not provide a
seeking reentry into the United States, are potentially subject to this
[41]If a noncitizentimely retracts the statement, it acts as a defense to the inadmissibility ground. e. (U) Misrepresentation Made by
Everyone makes mistakes. Applicants between 18 and 26 years old can resolve this problem by simply registering for Selective Service, and applicants over the age of 31 fall outside this requirement. SeeMatter of M-R, 6 I&N Dec. 259, 260 (BIA 1954). authorities governing the attorney; etc. endstream
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]`X h`lva@,` [4], U.S. citizenstatusis related to, but is not the same as, U.S. nationalstatus. specific retraction. misrepresentation of the fact that the applicant previously applied for or was
retraction of the misrepresentationwas timely. PDF PRACTICE ADVISORY1 Updated October, 2015 INSPECTION, ENTRY AND ADMISSION? 212(a)(6)(C)(i) and INA 212(a)(6)(C)(ii) ineligibilities. This technical update to Volume 8 modifies several footnotes to note the divergence from the Board of Immigration Appeals (BIA)s decision in Matter of Richmond,26 I&N Dec. 779, 787 (BIA 2016) in the Eleventh Circuit. The false claim was complete when the noncitizen submitted theForm I-9, registered to vote, or sought the other benefit. study at such school does not exceed 12 months; and. (b) (U)"The Post Files
a. the mere possibility that the exercise of judgment may or may not have erased
reimbursement has been made. The purpose may also be something more positive. Responsibility: An individual who acts on the advice of another person
registering to vote in a local, state, or federal election when prohibited from doing so, checking "U.S. citizen" on an I-9 Employment Eligibility Verification form, claiming to be a U.S. citizen on a student loan application, attempting to obtain a U.S. passport, and. ineligible under INA 212(a)(6)(E)(including before June 1, 1991) may currently
Chapter 2 - Determining False Claim to U.S. SeeINA 301. material misrepresentation. documentation, admission into the United States (see 9 FAM 302.9-4(B)(7)
review all 6C1 findings of ineligibility under the 90-day rule. circumstances, in some cases, may be considered a reasonable
who is ineligible under provision (i) of INA 212(a)(6)(C) in general may seek a
SeeMatter of S-,9 I&N Dec. 599 (PDF)(BIA 1962). If an applicants attorney or agent makes the false representation, the applicant is held responsible. official (see Matter of G, 7 I. However, the respondent's case presents a different issue and does . Applies to Any Benefit Under Any U.S. Federal or State Law. 1182(a)(6)(G)); INA 212(d)(3) (8 U.S.C. school" is private. misrepresentation. 9 FAM 302.9-5(B)(2) (U) Not
SeeMatter of Collado-Munoz (PDF), 21 I&N Dec. 1061 (BIA 1998). documentation, or admission into the United States or some other benefit provided
status unless the student has reimbursed the school as noted in 9 FAM 302.9-9(B)(8) below. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Failure to Attend Removal Proceedings. ineligible any individual who, after September 30, 1996, falsely claimed U.S.
per capita cost of education", the school's estimate of their per student
In California, the law is clear. be granted provided: (1) (U) The individual is an
maturity and the judgment) to understand and appreciate the nature and consequences
without the consent of the owner, charterer, master, or person in command of
revoke family-relationship IV petitions. presented fraudulent documentation related to establishing qualification for a
insulate them from liability for misrepresentations made by such agents, if you
ineligibility that are not permanent, and which might be removed by operation
For more information on this, see How Checking Citizen or National on Form I-9 Can Ruin Your Chance for a Green Card. Chapter 2 - Determining False Claim to U.S. Citizenship | USCIS cut off a line of inquiry. Determine whether a waiver of inadmissibility is available. provided in support of the application. documentation and is not another benefit provided under this Act, the individual
if: (1) (U) Each parent is or was
concealed by the misrepresentation must, when balanced against all the other
retraction made before primary inspection by a DHS officer at a port of entry
If you will not be able to honestly say that you have never made such a false claim, consult an immigration attorney. In one case, four years lapsed between the asylum interview where the lie was told and the first court hearing where the lie was admitted to. Share sensitive information only on official, secure websites. the appropriate standard of proof (clearly and beyond doubt). waiver from DHS under INA 212(i) if: (1) (U) The applicant is the
9 FAM 302.9-5(D)(1) (U)
& N. Dec. 637 (B.I.A. (3) (U) The individual
b. between making a false claim to U.S. citizenship and simply failing to
limit but the younger a child is when ordered removed in absentia, the more likely
school district could resolve doubts as to whether a "corporate charter
Applications for Admission at Ports of Entry: INA 212(a)(6)(E) relates
If an asylum application is found to be frivolous, the applicant is ineligible to receive any benefit under the Act at any time in the future. The fact that a noncitizenmarked Yeson an earlier edition of the Employment Eligibility Verificationdoes not necessarily subject the noncitizen to inadmissibility for falsely claiming U.S. citizenship,because theearlier edition of the form did not distinguish a claim ofnationalityfrom a claim of citizenship.[10], An affirmative answer to this question does not, by itself, provide sufficient evidence that would permit a reasonable person to find the noncitizen falsely represented U.S. citizenship because of the questions ambiguity. knowingly to encourage, induce, or assist an individual to enter
SeeMatter of F- (PDF), 9 I&N Dec. 54 (BIA 1960). (U) INA 212(a)(6)(D) is not
DHS/USCIS has instructed
benefit, such as parole under INA 212(d)(5), including
who are either present or arriving in the United States. retraction must have been made during the initial interview with the officer. sham marriage in an IR-1 case, cannot be deemed material if the petition
In determining whether a false claim has been made, it
(iv) (U) Undertaking any other
False Claim to US Citizenship - BCA Law Firm in Atlanta, GA remains valid. Another exception to deportation for false claims exists if the claim was made before September 30, 1996, which is the effective date of the false claims ground of inadmissibility. In either case (whether as a beneficiary or
person in the effort to obtain a benefit under U.S. Federal or State law. 2020) (en banc), the Eleventh Circuit held that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility. (U) Ineligibility based on Illegal Entry,
INA 237(a)(3)(D)(i)is identical but applies to a noncitizenwho has been admitted but has become removable on account of the false representation. of application for admission to the United States does not shield them from
low. (U) INA 212(a)(6)(D) is not
However, if an individual used the identity of or otherwise
The false claim was complete when the noncitizen submitted the Form I-9, registered to vote, or sought the other benefit. Citizenship, Volume 1 - General Policies and Procedures, Volume 9 - Waivers and Other Forms of Relief, Volume 11 - Travel and Identity Documents, Volume 12 - Citizenship and Naturalization, Volume 3 - Humanitarian Protection and Parole. a. Citizenship[8 USCIS-PM K.2(B)]. 1541-46. Sham marriages are those entered into solely for the purpose of obtaining an immigration benefit. Misrepresentations made in order to obtain an immigration benefit make a non-citizen subject to inadmissibility or removal. "fraud" typically means that the individual made a false
[^ 39]Similarly, a lawful permanent resident (LPR) returning from a temporary trip abroad is not considered to be seeking admission or readmission to the United States unless of one of the factors inINA 101(a)(13)(C)is present. Ineligibility
and "willfully misrepresenting a material fact," which are two
8 USCIS-PM K.2 - Chapter 2 - Determining False Claim to U.S.