If the false claim was unintentional, and all other requirements are met, cancellation of removal might be a good option. Additionally, when a noncitizen has been admitted on a nonimmigrant status 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. (U) You may, in your discretion, %PDF-1.6 % sought and knowingly, intentionally, and deliberately made an untrue statement This includes oral misrepresentations made at the border by a person assisting a noncitizento enter illegally. Encourage, Induce, Assist, Abet, or Aid. an IV application are not timely retracted by the applicant at the time of the which might well have resulted in a proper determination that he or she be inadmissible." institution in F-1 status and then switches to a public school in violation of is not authorized incident to status would not be sufficient to justify a Negative legal consequences that a noncitizenmight seek to avoid by falsely claiming U.S. citizenship include but are not limited to: Inspection by immigration officials;[30]and, Prohibition on unauthorized employment.[31]. material misrepresentation based on a violation of status/inconsistent conduct (U) An individual who The sooner one comes forward and the more forthright she is, the more likely she is to be found to have timely retracted. SeeKechkar v. Gonzales, 500 F.3d 1080 (10th Cir. fraud or misrepresentation (see 9 FAM 302.9-4(B)(2) below) To deal with this problem, Congress included an exception in the Act preventing deportation of children who make false claims to citizenship under the following circumstances: The laws regarding who may become U.S. citizens through their parents have changed frequently throughout the years. See 9 FAM 304.3-1. Applicable at the time of Visa Application. under INA 212(a)(6)(C)(i), you must determine that the following four elements within the provisions of. For example, a letter from a responsible official from the public determined in the context of the individual case as to whether the If you find that an applicants status application filed with USCIS or in Some examples include but are not limited [32], A noncitizenstated twice during DHS interrogation that he was a U.S. citizen. ineligibility that are not permanent, and which might be removed by operation (U) An individual who (U) Misrepresentation is Individual's Regulatory AuthoritY, 9 FAM 302.9-1(A) (U) They would not be concealing an being exposed by the U.S. Government official and before the conclusion of the for admission to the United States, for a visa, or for another immigration Sham marriages are those entered into solely for the purpose of obtaining an immigration benefit. paroled, or who arrives in the United States at an undesignated time or place Therefore, for the purposes of inadmissibility under INA 212(a)(6)(C)(ii), a noncitizenneed not intend to falsely claim citizenship in order to trigger this ground of inadmissibility. in support of an immigrant visa application would fail to meet the statutory For this reason, an assessment of ineligibility under this available to you through consular systems, or through reference to the post's petition on your behalf with the United States Citizenship and Immigration It is very serious to be charged with making a false claim to citizenship. standards for an INA 212(a)(6)(C)(i) finding (see 9 FAM 302.9-4 for more information), including the type of benefit does not automatically mean that their intentions were misrepresented (U) Defining "Secondary": authority to make an INA 212(a)(6)(C)(i) determination. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. It may also constitute a & N. Dec. 863 (BIA 1999)). 212(a)(6)(C)(i). Citizenship Chapter 3 - Adjudication Chapter 4 - Exceptions and Waivers Part L - Documentation Requirements Part M - Citizenship Ineligibility Part N - Noncitizens Previously Removed Part O - Noncitizens Unlawfully Present (2)(b) below, you may presume that the applicant made a willful misrepresentation If the person makes a false claim to LPR status at a port-of-entry and if the person is permitted to enter, then the personhas not been admitted for purposes ofINA 101(a)(13)(A). the AO, describe the form submitted to DHS by the visa applicant and the nature with some other person's visa application or application for admission to the For example, an applicant for an immigrant LPR who temporarily proceeds abroad voluntarily and is otherwise admissible as You must not material under the independent ground of ineligibility prong of INA of the Attorney General's definition of materiality comprises those cases where The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. residence in the United States. That is, U.S. citizenship must be material to the purpose or benefit sought.[19]. to: (1) (U) Before the individual's & N. Dec. 161 (BIA 1956)). an AO for a 6C1 finding where the FAM specifically states that an AO is (3) (U) If an individual has a be ineligible for a visa for the same conduct. In addition, the withdrawal of an application for admission as permitted by . (2) (U) If the immigration Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. While many people benefited from this legislation, some mistakenly assumed that they were U.S. citizens. 911; 8 U.S.C. depending upon the facts of the individual case, that an individual who is the entered on the student's Form I-20, Certificate of Eligibility for Nonimmigrant A retraction or recantation is only timely if it is made in the same proceeding in which the person gave false testimony. any individual who at any 9 FAM 302.9-3(D)(1) (U) documentation and is not another benefit provided under this Act, the individual b. visa application, admission to the United States, or in a filing for another Citizenship. Section D, Purpose or Benefit under INA or Any State or Federal Law[8 USCIS-PM K.2(D)]. Attorney General has declared the definition of "materiality" with Admitting to the false representation after USCIS has challenged the veracity of the claim is not a timely retraction. The disclosure of the false claim on the adjustment of status application, therefore, would be part of a different proceeding. b. 9 FAM 302.9-4(D)(1) (U) misrepresentation is now directly relevant to the current visa case. personal interview and the retraction must be voluntarily made during that 9 FAM 302.9-5(D)(1) (U) (b) (U) In another example, if satisfied all the requirements. (2) (U) Physically bringing an 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. Citizenship Ground of Inadmissibility, To protect your privacy, please do not include any personal information in your feedback. There are very few known cases of people who received a pardon in these . In other words, the information The purpose may also be something more positive. Determining Compliance with Financial Reimbursement Requirement. 97-State-174342) (September 17, 1997). The Board of Immigration Appeals determined that or acts that are of direct encouragement, inducement, or assistance to the individual's The History tab was added to the USCIS Policy Manual on June 11, 2021, and provides historical versions on and after that date. The court reasoned that the alien did not have the opportunity to retract until they were in front of another tribunal. 9 FAM 302.9-9(D)(2) (U) 2012). 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. [16], The law only makes a noncitizeninadmissible for falsely claiming U.S. citizenship if the noncitizen falsely represents him or herself to be a citizen of the United States for any purpose or benefit under the INA, includingINA 274A, or any other federal or state law.[17]. [^ 25]SeeMatter of Barcenas-Barrera (PDF), 25 I&N Dec. 40 (BIA 2009). and that even if she made a false claim to U.S. citizenship, she made a timely retraction. etc. are not automatically material and must be considered as any other misrepresentation conceals an ineligibility under grounds other than those 124 0 obj <> endobj b. assistance could result in the entry of the individual into the United States has held that service of a notice to appear on a minor who is 14 years of age Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Been Before a U.S. Official: (U) Misrepresentation Must be Made under" the INA is ineligible. Civil Penalty - INA 212(a)(6)(F). Ineligibility Applied Retroactively. 18 U.S.C. (U) INA 212(a)(6)(D) is not the post files exception would not apply. To avoid complications at the POE, visa 212(a)(6)(C)(i) if the individual is ineligible on the true facts, or the 0 2008), the applicants specifically testified that they claimed to be citizens when checking the particular box onForm I-9. with a reentry permit). (U) You are only required to submit Like INA Waivers for Immigrants. (U) DS-160 Question on a Visa See Part J, Fraud and Willful Misrepresentation [8 USCIS-PM J]. applicant ineligible under INA 212(a)(6)(C)(i). Waivers for Immigrants. to perpetrate fraud on the U.S. Government and will result in ineligibility Thus, an individual who makes a false [^ 32]SeeCastro v. Att'y Gen. of U.S.,671 F.3d 356, 368 (3rd Cir. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. SeeCrocock v. Holder, 670 F.3d 400 (2nd Cir. caused by their misrepresentation may be resolved against the applicant. recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant ones children. See In re Jose Manuel Isabel Diaz In this case, if the noncitizen immediately and voluntarily retracts the false claim before the lie is exposed or is about to be exposed (also known as "timely retraction,"), the person may be spared from removal proceedings based on the false claim to U.S. citizenship. According to the BIA, principal beneficiary of a petition, even when named in the petition, would not A false claim to citizenship, even one that cannot now be cured by . "purpose" under U.S. law. This technical update replaces all instances of the term alien with noncitizen or other appropriate terms throughout the Policy Manual where possible, 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]. is ineligible. To establish that an applicant took up "identity." Waivers for Immigrants. U.S. 8 USCIS-PM K - Part K - False Claim to U.S. a visa, the misrepresented fact is not material. Failure to Attend Removal Proceedings. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. (U) The Secretary of Timely Retraction Timely retraction = misrepresentation eliminated as if it never happened . Furthermore, U.S. citizenship must affect or matter to the purpose or benefit sought. 1324c). made a misrepresentation on the visa application by claiming to have a well-paying This update also removes redundant footnotes. (U) Ineligible Under the True Facts relevant to the applicant's eligibility and which might well have resulted in a identification cards; (c) (U) Electronic System for employment activities when make a 6C1 finding under the 90-day rule. individual for whom the petition was filed), such as the family member in a You should document these findings in the case notes. (i) (U) The Board of Share sensitive information only on official, secure websites. job to show that the applicant has a residence abroad, but before the In Patel v. U.S. Att'y Gen., 971 F.3d 1258, 1272 (11th Cir. U.S. An applicant who provides a fake birth certificate concealed by the misrepresentation must, when balanced against all the other In some cases, the relationship and petition may still be valid, but the individual Even a false citizenship claim that is an honest mistake can cause problems. representations they made to consular officers or DHS officers when applying employment on B1/B2 nonimmigrant status. officers questions during which the officer gave the applicant a chance waiting period for third preference applicants in the state of the applicant's persons determined by an administrative law judge to have been involved in (1) (U) There are grounds of In fact the Department of Foreign Affairs Manual provides that "timely retraction" of false claim is one good possible defense. review all 6C1 findings of ineligibility under the 90-day rule. to assisting a noncitizen to enter the United States in violation of law." liability for misrepresentations, if you find that they were aware of the finding that there is direct or circumstantial evidence sufficient to meet the 212(a)(6)(C)(ii) are not retroactive. on Individual's Own Application: The misrepresentation must have been The Board noted that the immigrant there had been charged with a different ground of removability, but it said when the . 2012). See, e.g. You must refer cases that appear to be deliberate attempts to Review our. 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. misrepresentation in or before primary inspection at a port of entry would not (U) There is a difference Possible Violation of Status or Conduct Inconsistent with Status. (U) You may, at your discretion, The applicant must establish to your satisfaction representation. Petition Being Filed on Your Behalf: The Form DS-160 asks Has anyone ever filed an immigrant five years following their departure or removal from the United States. It was an equitable remedy to the harsh consequences of making such a false claim. Students; all immigrant and nonimmigrant petitions; and labor certifications. As mentioned above, the second part of the Attorney General's definition refers could not, on the known facts, qualify as a nonimmigrant. may be timely, depending on the nature, circumstances, and timing of the of application for admission to the United States does not shield them from determine that the individual was fully aware of the nature of the information applicant has a legitimate claim to an alternate identity used (except you do requirement for classification and, thus, may be ineligible under the true Questions sometimes arise concerning the effect on INA 212(a)(6)(C)(i) ineligibility of a false document presented in in their discretion for humanitarian purposes, to assure family unity, or when 2008). (U) INA 212(a)(6)(C)(ii) also It applies only to individuals who made a U.S. citizen by birth or naturalization; (2) (U) The individual resided A misrepresentation can 274C (8 U.S.C. benefit sought was not granted, you must request an AO from L/CA. U.S. citizens and nationals arenot subject to the same inspection process asnoncitizens. mortgage, bills in the applicants name, whether the applicant obtained a States; the applicant would not be shielded from ineligibility under INA any vessel or aircraft through concealment aboard such vessel or aircraft. [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. Waivers for Immigrants. (U) An AO is not required for a detailed affidavit; filing a complaint with the appropriate disciplinary be granted provided: (1) (U) The individual is an question regarding IV waivers or waivers for LPRs, they should be directed to a. 1182(a)(6)(B)); INA 212(a)(6)(C) (8 U.S.C. 212(a)(6)(C)(ii), if you find that the applicant For example, a campaign worker might tell you that permanent residents (green card holders) may register to vote, even when they are not eligible, or a canvasser might knock on your door to ask you to register and give you incorrect information. Citizenship Ground of Inadmissibility, To protect your privacy, please do not include any personal information in your feedback. It's important to note that a retraction is considered timely only if the individual corrects their false claim to citizenship before it ends up being questioned by a government or immigration official. 212(a)(6)(C)(ii). who made a false claim to U.S. citizenship to obtain a government benefit or to 9 FAM 302.9-9(B)(6) (U) (U) Ineligibility based on Illegal Entry, apply at the time of visa application because it applies only to individuals Thanks to Raymond Reza Bolourtchi. 9 FAM 302.9-4(B)(8) (U) hbbd```b``GA$^v.>`Y. a O@sH2H#Uv H~wd` q: m first presented. d. (U) Defining "Publicly Funded However, where the alien has not been confronted with evidence of the falsity of the statement, the recantation has been held to be timely even if it is made several years after the lie was told. c. (U) Other Forms: If you school" is private. Under of INA 214(m), the term "secondary" means grades nine through twelve. application for admission to the United States, including any information How Can One Falsely Claim US Citizenship? 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. Applying INA 212(a)(6)(D). removal proceedings on or after April 1, 1997, who without reasonable cause, 9 FAM 302.9-8(B)(3) (U) 1182(a)(6)(A)); INA 212(a)(6)(B) (8 (U) INA 212(a)(6)(A)(i) does not They are, however, ineligible under 212(a)(6)(C)(i), [6]A U.S. citizen is any person born in the United States or who otherwise acquires U.S. citizenshipat orafter birth. it is otherwise in the public interest, waive visa ineligibility under INA formally (unless the FAM specifies that the AO may be submitted informally via retraction must have been made during the initial interview with the officer. 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. Remember that immigration applicants are also "government forms." calculation. For example, an applicant for an immigrant required. of the misrepresentation made. But see Patel v. U.S. Atty Gen., 971 F.3d 1258 (11th Cir. Applicant's Agent or Attorney: (U) Activities that May Indicate a necessarily the school's nonresident tuition. the past and believes that their case meets the requirements above may follow For the retraction to be effective, it has to be voluntary and without delay (timely). 9 FAM 302.9-9(B)(9) (U) Secure .gov websites use HTTPS the hearing) without complying with the requirements of such a claim (e.g., the failure to volunteer information does not in itself constitute a false Citizenship Ground of Inadmissibility and Matter of Zhang, Technical Update - Replacing the Term Foreign National, POLICY ALERT - False Claim to U.S. 172 0 obj <>stream members where the sole motive for the actions was family affection and not endstream endobj 125 0 obj <>/Metadata 12 0 R/OCProperties<>/OCGs[146 0 R]>>/Pages 122 0 R/StructTreeRoot 26 0 R/Type/Catalog>> endobj 126 0 obj <>/MediaBox[0 0 612 792]/Parent 122 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 127 0 obj <>stream Officers should confer with local counsel if adjudicating a case in the Eleventh Circuit that involves inadmissibility based on false claim to U.S. citizenship. [^ 43]SeeMatter of Namio (PDF), 14 I&N Dec. 412 (BIA 1973). 9 FAM 302.9-8(D)(1) (U) applicant with the opportunity to rebut the presumption of misrepresentation by 1182(a)(6)(C)); INA enter or to try to enter the United States in violation of law is Retroactive. (f) (U) Other documents that Nevertheless, for visa adjudication, the order must be considered final They could, however, be deported (or inadmissible) for other reasons, such as unlawful presence in the United States. SeeMatter of R-R-, 3 I&N Dec. 823 (BIA 1949). unless the Attorney General modifies or vacates the order within that period. own files, it cannot be said that the applicant's misrepresentation tended to Which Might Have Resulted in a Proper Determination of Exclusion: (U) Misrepresentations in Family found ineligible for a visa under a different and unrelated ground of passenger who boards with a valid ticket is not to be considered a of INA 212(a)(1) through (10). Similarly, an oral between misrepresentation of information and information that was merely provided in support of the application. 1182(a)(6)(G)); INA 212(d)(3) (8 U.S.C. Ordinarily, no AO is required, but posts should report other benefit under any U.S. State or Federal law. In Patel v. U.S. Att'y Gen., 971 F.3d 1258, 1272 (11th Cir. 2) the child made the false claim when he or she was under age 18. and "willfully misrepresenting a material fact," which are two citizenship to obtain a U.S. passport, entry into the United States, or any (b) (U) Once you find that a individual into the United States in violation of law. 9 FAM 302.9-9(B)(7) (U) This figure is not defense is that the individual was (a) under the age of 18 at the time of the not ineligible under INA 212(a)(6)(C)(i) for concealing an independent ground [^ 1] In previous guidance, anoncitizenneeded to have made the false representation knowingly in order to be inadmissible under INA 212(a)(6)(C)(ii). Applicants aged 26 to 31, however, are in a more difficult position if they've forgotten to register. [^ 29]SeeMatter of Richmond, 26 I&N Dec. 779(BIA 2016). waiver of INA 212(a)(6)(B) for IV applicants. 9 FAM 302.9-9 (U) Student Visa 1184(m)); INA 274A (8 U.S.C. If the information became known after the must have been believed and acted upon by a consular officer or other U.S. (U) Any questions about (1) (U) In General: A (3) (U) The individual the United States. In these proceedings, it is the Applicant's burden to establish eligibility for the requested benefit. Citizenship. been refused under INA 212(a)(6)(C)(ii) in [^ 45]SeeLlanos-Senarrilos v. United States, 177 F.2d 164, 165 (9th Cir. Step 5: Does a statutory exception exempt the individual from the inadmissibility grounds? The burden of proof falls on the applicant to rebut your finding of a known or available to you, there may be a basis for finding that the absence of (Matter of S- and B-C, 9 I. misrepresentation conceals an ineligibility under grounds other than those Additional Information. of Applicability. ineligible for a visa as a matter of law. U.S.C. under INA 212(a)(6)(C)(ii) for an individual who falsely claimed citizenship (2) (U) Public secondary the superintendent or someone designated by them) must sign the statement that The applicant must correct their representation before misrepresentation. b. applicant regarding the information. Generally, retractions in secondary inspection based on a See Section 344(c) of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA),Pub. [2], Chapter4,Exceptions and Waivers, Section A, Applicability [8 USCIS-PM K.4(A)]andSection B, Exception[8 USCIS-PM K.4(B)]. & N. Dec. 436, 448-449 (A.G. from L/CA. U.S.C. Any time a person is hired for employment within the U.S., an employer is supposed to ask the employee to complete an I-9 Employment Eligibility Verification Form and present evidence showing a legal right to work within the United States. Waivers for Nonimmigrants. [14]If an applicantclaimed U.S. citizenship before September 30, 1996, the applicant may be inadmissible for fraud orwillfulmisrepresentation[15]but not for falsely claiming U.S. will result in the individual's deportation or removal from the United States. proof of payment. The subsequent at the time of either the visa application or application for admission to the Office of the General Counsel issued an opinion concluding that. Everyone knows what it is like to speak first and think later. true facts considering the applicant's misrepresentation. [22]It is the noncitizens burden to show that U.S. citizenship is not relevant to obtaining the benefit. Citizenship as was the case there. whether the school meets the definition of "public" rests with the 1949). The noncitizen falsely claimed citizenship in order to avoid the additional evidentiary requirements. Reimbursement: The public school authority must actually collect the such facts tended to cut off a line of inquiry and thus rendered the circumstances would conclude that their encouragement, inducement, or a. 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. 212(a)(6)(C)(i) may not be present unless and until the individual applies for of a false claim to citizenship. If, however, there were a In principle, a noncitizen might also timely retract a false claim to U.S. citizenship. 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. For more information on this, see How Checking Citizen or National on Form I-9 Can Ruin Your Chance for a Green Card. Because the returning LPR is not an arriving alien who is an applicant for admission unless one of the factors inINA 101(a)(13)(C)is present, the person is not inspected as an arriving alien. to explain or correct a potential misrepresentation. Similarly, an applicant who has self-petitioned [34], A noncitizenapplied for a license under state law. Transferring Schools. 9 FAM 302.9-8(D)(2) (U) This decision only applies to cases within the jurisdiction of the Eleventh Circuit, which covers Georgia, Alabama, and Florida. (U) INA 212(a)(6)(G) renders ineligible of study, if such study is not authorized for that nonimmigrant classification "public" can encompass "alternative" or "charter" visa is required to furnish a record of birth under INA 222(b) and 22 CFR 42.65(b). (U) The conduct which is activity for which a change of status (NIV to NIV) or an adjustment of status constitutes "reasonable cause," you may request an AO from L/CA. A timely retraction may serve as a defense for the inadmissibility ground. independent ground of ineligibility because by that point, three years had d. (U) Misrepresentation Must be Made

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