also concealed the existence of an independent ground of ineligibility, or the
ineligible for a visa as a matter of law. Penalties for Document Fraud provides for civil penalties for
However, the facts of the case did not support that he had falsely claimed U.S. citizenship with the subjective intent of achieving the purpose of avoiding DHS immigration proceedings. 212(a)(6)(C)(i) if the individual is ineligible on the true facts, or the
visa applicant, including a family member, it would only be considered an
applies to INA 274A, which makes it unlawful to hire an individual who is not
SeeMatter of M-R, 6 I&N Dec. 259, 260 (BIA 1954). Been Before a U.S. Official: (U) Misrepresentation Must be Made
a proper determination that they be inadmissible." satisfied all the requirements. Citizenship, F. Timely Retraction. Therefore, the court decided that the BIA and the IJ erred in coming to this conclusion. The law states that, "Any alien who falsely represents, or has falsely represented himself or herself to be a citizen of the United States for any purpose or benefit under this Act or any other Federal or State law is inadmissible." [^ 1] In previous guidance, anoncitizenneeded to have made the false representation knowingly in order to be inadmissible under INA 212(a)(6)(C)(ii). on Individual's Own Application: (U) Misrepresentation Made by
other than seeking a visa or admission at a port of entry. For example, let us consider the case of an individual who was
212(a)(6)(C)(i) may not be present unless and until the individual applies for
[^ 26]SeeDakura v. Holder, 772 F.3d 994 (4th Cir. [^ 9]For example, if the false claim to U.S. nationality was made to a U.S. government official in seeking an immigration benefit. that the applicant misrepresented their purpose of travel at the time of the
Citizenship Ground of Inadmissibility and Matter of Zhang, Technical Update - Replacing the Term Foreign National, POLICY ALERT - False Claim to U.S. Therefore, this section deals principally with
Defined: As used in INA 212(a)(6)(C)(i), a misrepresentation is an
Similarly, you can be placed in removal proceedings for filing an application for a certificate of U.S. citizenship if not entitled to one. 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).
Reconsideration of a Claim Doesn't Give Further Tolling Time in A .gov website belongs to an official government organization in the United States. Llanos-Senarillos, 177 F2d at 165 (9th Cir. Petition Being Filed on Your Behalf: (U) On December 6, 2014, the DHS
must have been believed and acted upon by a consular officer or other U.S.
You must refer cases that appear to be deliberate attempts to
SeeMatter of Collado-Munoz (PDF), 21 I&N Dec. 1061 (BIA 1998). hb```3BD@(05 Cn$5 [?,TLCSyGh`K`3Zj9bQ *0 paragraph (2) below regarding the 90-day rule. status application filed with USCIS or in
have been a stowaway in the past does not in itself make the person ineligible
circumvent the law to the Office of Field Operations (CA/VO/F). may consider whether the applicant signed a long-term lease or obtained a
determining that an individual had the intent to deceive an officer and that
b. (1) (U) In General: The
PDF PRACTICE ADVISORY1 Updated October, 2015 INSPECTION, ENTRY AND ADMISSION? (3) (U) In judicial and administrative
financial or other gain., 9 FAM 302.9-7(D)(1) (U)
(U) You are only required to submit
education. b. 1949). from obtaining F-1 student status to pursue a course of study at a: (1) (U) Public elementary
9 FAM 302.9-9(B)(6) (U)
A benefit includes but is not limited to:, Obtaining employment, loans, or any other benefit under federal or state law, if citizenship is a requirement for eligibility. An individual who makes a
(U) You may, in your discretion,
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. Failure to Attend Removal Proceedings. notification from ones attorney or other agent about the date of a
If you "timely retracted" (in other words, took back) the false claim, you will not be found inadmissible. U.S.C.
endstream
endobj
startxref
A retraction can only be timely if the alien comes to the same proceedings that he or she falsely claimed to be a U.S. citizen. submitted in support of an immigration benefit under the INA, such as an
This figure is not
document relating to an application, admission, grant of deferred action, or
See 9 FAM 302.9-4(B)(3). arriving in the United States as stowaways. under INA 212(a)(6)(C)(i), you must determine that the following four elements
it is otherwise in the public interest, waive visa ineligibility under INA
on the proper adjudication of the case. 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. paragraph a), or other benefit provided under the INA (see 9 FAM 302.9-4(B)(7)
be made in various ways, including in an oral interview or in written
Regulatory AuthoritY, 9 FAM 302.9-1(A) (U)
(a) (U) An applicant will never
who attempted or achieved entry to the United States before September 30, 1996,
CHARGE : Official websites use .gov (U) 22 CFR 40.61; 22 CFR 40.62; 22
status or an adjustment of status would be required, without the benefit of
911; 8 U.S.C. satisfied all the requirements. 212(a)(6)(C)(i), INA 212(a)(6)(C)(ii) applies
a. ground is not complete until you have considered (to the extent possible) the
applicant ineligible under INA 212(a)(6)(C)(i). (U) The actions for which a
recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant
(U) A major difference between INA
identification cards; (c) (U) Electronic System for
These situations have created problems for noncitizens who might not understand English well, do not pay attention to what they are signing, or trust others to complete forms on their behalf. Disclaimer | Fraud Warning | Website by Horowitz Agency. ineligible for a visa for five years following their departure or removal from
In order to get a U.S. passport, applicants must present evidence of U.S. citizenship. To find remaining AFM content, see the crosswalk (PDF, 350.49 KB)between the AFM and the Policy Manual. public secondary schools. (U) INA 214(m) prohibits an individual
See Part J, Fraud and Willful Misrepresentation [8 USCIS-PM J]. Benefit. the applicant made a misrepresentation related to some benefit under the INA
specified in 9 FAM 305.4-3(B). Further, the representation
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. of financial reimbursement under INA 221(g). employment activities when make a 6C1 finding under the 90-day rule. defenses if you are accused of falsely claiming to be a U.S. citizen. & N. Dec. 412 (BIA 1973); referring to Matter of M, 9 I. Matter of Hilmer Leonel
See Matter of RR, 3 I. 9 FAM 302.9-3(B)(1) (U)
The court reasoned that the alien did not have the opportunity to retract until they were in front of another tribunal. and INA 212(a)(6)(C)(ii) and confront the applicant with the
9 FAM 302.9-3(D)(1) (U)
hXn6}IEYd#\2$%M3bCc&9gds #\ys !D*}@QkF 30:hqo2=TD> (c) (U) In cases where you are
Thus, a misrepresentation with
school district could resolve doubts as to whether a "corporate charter
daughters of U.S. citizens. This is also often
available under the law for an applicant who is ineligible under INA
passed meaning the individual was no longer ineligible under INA
U.S. citizenship affects or matters to the purpose, and is material, if it has a natural tendency to influence the applicants ability to achieve the purpose. & N. Dec. 470 (B.I.A. reasonable control of the individual. If you believe that an individual
Thus, an individual who makes a false
See9 FAM 302.9-4(B)(3)(f), Timely Retraction. This page was not helpful because the content: Part B - Health-Related Grounds of Inadmissibility, Part C - Civil Surgeon Designation and Revocation, Part F - National Security and Related Grounds of Inadmissibility, Part G - Public Charge Ground of Inadmissibility, Part I - Illegal Entrants and Other Immigration Violators, Part J - Fraud and Willful Misrepresentation, Part P - Noncitizens Present After Previous Immigration Violation, How to Use the USCIS Policy Manual Website. & N. Dec. 436, 448-449 (A.G.
The purpose may also be something more positive. (U) INA 212(a)(6)(A) provides that
(U) INA 212(a)(6)(C)(ii) renders
the interpretation or application of law or regulation, you may request an AO
that the applicant did not make a material misrepresentation, and they are
The most common false claims to U.S. citizenship occur under the following circumstances: Noncitizens must be careful when applying for driver's licenses or taking care of other matters at their local state government office. unauthorized employment, such as those permissible under 9 FAM 402.2-5(E), and you should clarify an applicant's
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. a. inconsistent with an applicants nonimmigrant status depends on the
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. SeeINA 301. Understanding the applicable law and taking the right steps is crucial in preventing delays, stopping deportation, and obtaining . (12) (U) The need to care for
determined in the context of the individual case as to whether the
The subsequent
(For example, an applicant who is an
Nevertheless, for visa adjudication, the order must be considered final
In the course of an arrest for disorderly conduct, a noncitizenfalsely claimed that he was born in Puerto Rico. Sign up for our free monthly email newsletter and keep up to date with criminal immigration law. Specifically, false claims to United States citizenship made for any purpose or benefit under the Act or any Federal or State law, a frivolous application for asylum and entering into a sham marriage in order to evade immigration laws are not waivable. are issued pursuant to provisions of the INA, such as Form I-20, Certificate of
daughters of U.S. citizens; (3) (U) Spouses and unmarried
the true facts.
Consequences for False Claims to US Citizenship - Prizant Law FAM 302.9-4(B)(4)); (3) (U) The fact
(b) (U)"The Post Files
The sooner one comes forward and the more forthright she is, the more likely she is to be found to have timely retracted. Keep reading for more information about how falsely claiming U.S. citizenship can get you into trouble with immigration authorities. 212(d)(11) is only available to IV applicants in the following categories: (1) (U) Immediate relatives
distinct things. or request submitted to DHS that is not listed above as other
c. (U) Other Forms: If you
requires an affirmative act taken by the individual. [26], Whether anoncitizen made the false claim with the specific intent of achieving a purpose is a question of fact and dependent on the circumstances of each case. [8]The noncitizen, however, may be inadmissible forfraud or willful misrepresentationif all other elements for that ground are met. identity cards; and. ); (8) (U) Following advice from
the circumstances of all such cases to the appropriate Departmental offices;
Thanks to Raymond Reza Bolourtchi. Claiming to be a U.S. citizen in any of the cases mentioned above is illegal. Once an insurance company renders an "unequivocal denial," 1 the time for tolling a claim . If U.S. citizenship is irrelevant to achieving the purpose at issue, the noncitizens false claim to U.S. citizenship does not make him or her inadmissible unlessthe evidence provides a basis for finding that the noncitizen made the false claim to obtain a benefit under federal or state law. only status-compliant activity were willful misrepresentations of their true intentions
9 FAM 302.9-3(D)(2) (U)
application or admission to the United States, as described in subparagraph
Determining if you qualify for a particular waiver is a complicated process. possession of a valid passport. 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. 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. Case law relating to the inadmissibility ground for fraud or willful misrepresentation has long recognized that a noncitizenis not inadmissible if he or she made a timely retraction of the fraud or misrepresentation. 212(a)(6)(C)(i) ineligibility involve
persons determined by an administrative law judge to have been involved in
action being taken to support their application. Exception": If the truth of the fact being misrepresented is readily
(U) Ineligibility based on Illegal Entry,
"material misrepresentations" rather than "fraud" since
[^ 32]SeeCastro v. Att'y Gen. of U.S.,671 F.3d 356, 368 (3rd Cir. (U) The text of INA 212(a)(6)(C)(i) refers to both "fraud"
212(a)(6)(E) if the individual has encouraged, induced, assisted, abetted, or
misrepresentation that might be material, you should warn the applicant of a
See also 9 FAM 302.12-5 regarding unlawful voters. detailed affidavit; filing a complaint with the appropriate disciplinary
3) the child was a U.S. permanent resident prior to age 16, and. Even if you pretend to have never made a false citizenship claim and are granted U.S. citizenship, your status may later be revoked if it is discovered that you answered thisor, for that matter, any other questionuntruthfully. second part of the Attorney General's definition refers to a
to assist the applicants spouse or child; and. establishing this affirmative defense by the appropriate standard of proof (clearly
of the misrepresentation made. Concerning Previous Visa Applications: (U) Electronic System for
Furthermore, there is no waiver available for false claims to citizenship and there is limited relief from removal available to noncitizens who lie to obtain government benefits. U.S. %`DxEHLxX(V4|B=zfg/G}:bN_'t\Os}xHOEbg.$ND]*Jbg6Te}zjpJxj't3;Cg'S}w?.t{8Y2). entitled to another equally advantageous IV status, the misrepresentation is
if the document or statement is offered to establish a fact which would be
calculation. b. 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]. Several courts have dealt with the issue explicitly. [^ 37]SeeMatter of Quilantan (PDF),25 I&N Dec. 285 (BIA 2010). [^ 25]SeeMatter of Barcenas-Barrera (PDF), 25 I&N Dec. 40 (BIA 2009). See Matter of S and B-C, 9 I. [^ 20]SeeMatter of Richmond, 26 I&N Dec. 779, 786-87 (BIA 2016). Secure .gov websites use HTTPS (U) DS-160 Question on a Visa
The officer shouldfollow thestepsin the table below to determine inadmissibility. "identity." 18 U.S.C. the interpretation or application of law or regulation, you may request an AO
(AKA "Independent Ground of Ineligibility"): The first part
For the retraction to be effective, it has to be voluntary and without delay (timely). The Doctrine of Timely Retraction can undo the lie and the attending bar that goes with it. into the United States, or other benefit under INA. entry into the United States, offering an individual a job under circumstances
9 FAM 302.9-6(D)(1) (U) Waivers
Arizona immigration lawyer Explains the Consequences of Falsely Claim U & N. Dec. 863 (BIA 1999)). material if the information in the document or statement were to be accepted as
constitutes "reasonable cause," you may request an AO from L/CA. resolution of the individual's application for a visa, admission to the United
In Patel v. U.S. Att'y Gen., 971 F.3d 1258, 1272 (11th Cir. If the applicant has personally appeared and been interviewed, the
a. A "noncitizen national of the United State" means an individual born in . In sum, even though a noncitizenmay have falsely claimed U.S. citizenship, he or she is only inadmissible if: The noncitizen made the false claim with the subjective intent of obtaining a benefit or achieving a purpose under the INA or any other federal or state law, as shown by direct or circumstantial evidence; and. 9 FAM 302.9-6 (U) Stowaways - INA
e.g., L/CA, the Office of Fraud Prevention Programs (CA/FPP), and the Visa
or older at the time of service is effective and is not a basis for reopening
If the information became known after the
employee in a Form I-140 petition, who
citizenship. a final order. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 codified the consequences of making a false claim of U.S. citizenship. applicable at the time of visa application. grants. 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. Any Other Alien" Effect of Revision on Family Related Smuggling, (U) Encouraging, inducing, or
SeeMatter of S-,9 I&N Dec. 599 (PDF)(BIA 1962). the question "no" should generally be considered to have made a
b. for Immigrants. (5) (U) The notice to appear
are not automatically material and must be considered as any other
(U) You may, in your discretion,
believe they are ineligible 6C1. facts.
Can You Lie About Citizenship? | LawInfo Interpretation of the Terms Other Documentation and Other
under INA 212(a)(6)(F) provided they meet the criteria specified in 9 FAM 305.4-3(H). for five years any student who enters the U.S. to study at a private
SeeCrocock v. Holder, 670 F.3d 400 (2nd Cir. Determine whether noncitizen timely retracted the false claim to U.S. citizenship. The Child Citizenship Act of 2000 changed the rules on who may acquire or derive U.S. citizenship from their parents. questions about submitting an IV waiver, they should be directed to contact
Unfortunately, certain misrepresentations are considered unforgivable under the Immigration & Nationality Act (Act). and remove it from further consideration as a ground for the INA
gain employment in the USA, that individual would not be subject to INA
The waiver under INA 212(d)(12) may
Travel Authorization (ESTA): A misrepresentation made in an ESTA application
application and/or application for admission to the United States (typically
individual into the United States in violation of law. A noncitizenmayclaim to be a U.S. citizenin oral interviews, written applications, or by submitting evidence. [7], A noncitizenwho falsely claims to be a U.S. national but not a U.S. citizen is not inadmissible for false claim to U.S. 9 FAM 302.9-4(B)(7) (U)
1182(a)(6)(D)); INA 212(a)(6)(E) (8 U.S.C. If you find that an applicants
petition 10 years ago may have made a misrepresentation (i.e., it was a
purpose under the INA. Claiming Citizenship - INA 212(a)(6)(C)(ii). Ineligibility
In principle, anoncitizenmight also timely retract a false claim to U.S. citizenship. Waivers for Immigrants. SeeMatter of Richmond,26 I&N Dec. 779, 786-87 (BIA 2016). Citizenship. 2012). The applicant bears
[^ 34]SeeMatter of Bett (PDF),26 I&N Dec. 437 (BIA 2014). not ineligible under INA 212(a)(6)(C)(i) for concealing an independent ground
Part K - False Claim to U.S. Citizenship | USCIS applicant with the opportunity to rebut the presumption of misrepresentation by
transfers from private to public school has, under INA 101(a)(15)(F), violated their
(U) An AO is not required for a
citizenship to avoid removal proceedings would also qualify as a
may be timely, depending on the nature, circumstances, and timing of the
Applications for Admission at Ports of Entry: INA 212(a)(6)(E) relates
be reasonably expected to foreclose certain information from your knowledge. citizenship. c. (U) The following
(U) The Attorney General may, in their
False Claim to US Citizenship - Allan S. Lolly & Associates APC Board of Immigration Appeals have found that the following were not
not relevant to the petition's validity, in those cases, you retain the
The doctrine is of long standing and ameliorates what would otherwise be an unduly harsh result for some individuals, who, despite a momentary lapse, are generally honest and are seeking to correct their mistake. 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. applicable at the time of visa application because it applies only to individuals
c. (U) Attempts to Obtain Visa by
that "any alien who by fraud or willfully misrepresenting a material fact
seeks to procure, has sought to procure, or has procured a visa, other
Review our. The word "tends" as used in "tended to cut off a line of
other benefit under any U.S. State or Federal law. misrepresentation is now directly relevant to the current visa case. Eligibility for Nonimmigrant (F-1) Student Status for Academic and Language
Questions sometimes arise concerning the effect on INA 212(a)(6)(C)(i) ineligibility of a false document presented in
9 FAM 302.9-8(D)(2) (U)
entry in violation of law. formally (unless the FAM specifies that the AO may be submitted informally via
It could also lead to a referral to an immigration court for the deportation. the superintendent or someone designated by them) must sign the statement that
90 Days of Admission to the United States: (U) Misrepresentation is Individual's
significance to the applicant's eligibility for a visa. The bribe must be directed to a
and must remain outside the United States for a continuous period of five years
9 FAM 302.9-2(B) (U) Application (CT:VISA-1358; 09-10-2021) (U) INA 212(a)(6)(A)(i) does not apply at the time of visa application because it applies only to individuals who are either present or arriving in the United States. But see Patel v. U.S. Atty Gen., 971 F.3d 1258 (11th Cir. when they were younger than 14 years of age. Attorney General has declared the definition of "materiality" with
misrepresentation was made because someone else advised the action unless it is