filing a motion to reopen the
For example, if you file an application to adjust status to permanent resident, at your interview the U.S. defense is that the individual was (a) under the age of 18 at the time of the
is ineligible under INA 212(a)(6)(B) provided they meet the criteria specified
#ImmigrationLaw #FBA. a. material misrepresentation. c. (U) On December 6, 2014, the DHS
[^ 15]SeeINA 212(a)(6)(C)(i). To find remaining AFM content, see the crosswalk (PDF, 350.49 KB)between the AFM and the Policy Manual. citizenship. Admitting to the false claim of U.S. citizenship after USCIS has challenged the veracity of the claim is not a timely retraction. rejecting such advice. False claims to U.S. citizenship were not always Aunwaivable@. recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant ineligible
[40]However, the person may be inadmissible as a noncitizen who is in the United States without inspection and admission or parole. Interpretation of the Term Misrepresentation. Re: USCIS Policy Manual, Volume 8: Admissibility, Part K False Claim to It may also constitute a 911; 8 U.S.C. limit but the younger a child is when ordered removed in absentia, the more likely
otherwise eligible, process the case to conclusion. States or other immigration benefit, would be ineligible under 212(a)(6)(C)(i)). colleges that receive public funds but charge students tuition. such facts tended to cut off a line of inquiry and thus rendered the
(6) (U) Failure to receive
9 FAM 302.9-4(D)(1) (U)
Old case law allowed for a timely retraction of a false claim to U.S. citizenship. 212(a)(6)(C)(ii). while in unlawful status, or before November 30, 1996, does not count against
Determining Whether School is Public or Private. a non-lawyer (such as a notario, relative, or a travel agency) not
false claims to U.S. citizenship on or after September 30, 1996. was currently available for the applicant's state of chargeability, the
Determine whether noncitizens false claim to U.S. citizenship was for the purpose of obtaining a benefit under the INA or under any other federal or state law. To establish that an applicant took up
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. b. any individual who is a stowaway is ineligible. (U) The responsibility for documenting
Federal loans, as well as some state and private loans, require U.S. citizenship as a condition of eligibility. (U) The provisions of INA
(see 9 FAM 302.9-7(D)
In determining whether a false claim has been made, it
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. misrepresentation was made by an applicant, the burden is on the applicant to
who is ineligible under provision (i) of INA 212(a)(6)(C) in general may seek a
If an applicants attorney or agent makes the false representation, the applicant is held responsible. petition to the appropriate USCIS office via the National Visa Center. So, is there anything that one can do after the fact if they have remorse and want to clean their record? 2012). Under of INA 214(m), the term "secondary" means grades nine through twelve. c. (U) Because a waiver is
It does not apply to schools such as community
Keep reading for more information about how falsely claiming U.S. citizenship can get you into trouble with immigration authorities. (b) (U)"The Post Files
The purpose imputed by the BIA to Castro would have applied to virtually any false claim to citizenship made by a noncitizenunlawfully present in the country because the absence of legal status always provides a reason to wish to avoid the attention of DHS. False Claims to US Citizenship Do Not Need to be Knowingly made to Make For this reason, an assessment of ineligibility under this
Whether the problem can be resolved and, if so, how, depends on what the untruth was and what steps the non-citizen took to correct the record. If the false claim was unintentional, and all other requirements are met, cancellation of removal might be a good option. 1541-46. (U) INA 212(a)(6)(F) renders
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. 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]. citizenship to avoid removal proceedings would also qualify as a
(U) DS-160 Question on a Visa
[^ 34]SeeMatter of Bett (PDF),26 I&N Dec. 437 (BIA 2014). with a reentry permit). per capita cost of education", the school's estimate of their per student
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. (2) (U) Physically bringing an
before qualifying for another NIV. on the true facts; or, (2) (U) "[T]he misrepresentation tends to
(a) (U) In determining whether a
national. status application filed with USCIS or in
However, if the true facts support a finding that the applicant is eligible for
The noncitizen is inadmissible since the noncitizen made the false claim for the purpose of avoiding additional requirements under state law. According to the BIA,
For more information on this, see How Checking Citizen or National on Form I-9 Can Ruin Your Chance for a Green Card. PDF U.S. Citizenship Non-Precedent Decision of the and Immigration Services Despite existence of possible defenses, it is still important to understand that to avoid serious consequences one should avoid making false claims as much as possible. To sustain a finding of
discovery that the applicant misrepresented his well-paying job and is in truth
When Is It Too Late to Apply for Citizenship? - FindLaw (U) An order of the administrative
Waivers for Immigrants. Furthermore, a noncitizencannot deny responsibility for any misrepresentation made by the noncitizen based on the advice of another person. A person can become deportable for making false claims to U.S. citizenship to employers. (1) (U) There are grounds of
In all cases in which you become aware that the applicant made a
application and/or application for admission to the United States (typically
Additional Information. Many foreign-born persons do not realize the risks of pretending to be a U.S. citizen, for example in front of an employer or voting authority. See Matter of RR, 3 I. failed to meet the statutory requirements for the visa as a matter of law but
3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole, 4 USCIS-PM - Volume 4 - Refugees and Asylees. A USCIS officer would then decide the case as if the fraud or misrepresentation had never happened. applicant has a legitimate claim to an alternate identity used (except you do
Citizenship. "reason to believe standard, which requires more than mere
if: (1) (U) Each parent is or was
permanently in the United States before the age of 16; and. [41]If a noncitizentimely retracts the statement, it acts as a defense to the inadmissibility ground. of law. (3) (U) If an individual has a
of application for admission to the United States does not shield them from
[33], An employer made a job offer to a noncitizenwho did not have employment authorization. "elementary" means grades kindergarten through eight. further investigation. Waivers for Nonimmigrants. may misrepresent eligibility for the classification in a different way that is
1182(i)); INA 214(m) (8 U.S.C. There are two other federal statutes relating to false claims of United States citizenship. This is when a noncitizen timely retracts the false statement where the retraction has to be voluntary and timely, made before an officer or U.S. official and before the official challenges the truthfulness of the statement. determine that the individual was fully aware of the nature of the information
United States under the conditions found in INA 211(b), i.e., one who returns
[34], A noncitizenapplied for a license under state law. submitted in person by the applicant, the applicant must be called in for a
Silence or the failure to volunteer
9 FAM 302.9-7(B)(2) (U) Visa
made in connection with an application for a visa or other documents, or with admission
However, I'm often told by adjusters and insureds alike they believe further tolling may occur if the insured brings to an insurance company's attention that further reconsideration on a claim is needed after a denial. [^ 25]SeeMatter of Barcenas-Barrera (PDF), 25 I&N Dec. 40 (BIA 2009). made by the individual with respect to their own visa application or
Applicant's Agent or Attorney: (U) Activities that May Indicate a
under INA 212(a)(6)(F) provided they meet the criteria specified in 9 FAM 305.4-3(H). [^ 27]SeeMatter of Richmond, 26 I&N Dec. 779, 786-87 (BIA 2016). In order for a noncitizento be admitted, CBP must have authorized the noncitizen to enter the United States after the noncitizen came to the port-of-entry and sought admissionas anoncitizen. Arizona immigration lawyer Explains the Consequences of Falsely Claim U Adult Education": (U) Evidence of Financial
could not, on the known facts, qualify as a nonimmigrant. Criteria for Finding. in 9 FAM 305.4-3(B) and you have considered the factors in 9 FAM 305.4-3(C). to assist the applicants spouse or child; and. a willful, material misrepresentation since the applicant was trying to qualify
In Patel v. U.S. Att'y Gen., 971 F.3d 1258, 1272 (11th Cir. to accept the employment, or. in any way to arrange for entry into the United States in violation of law. employment on B1/B2 nonimmigrant status. e.g., L/CA, the Office of Fraud Prevention Programs (CA/FPP), and the Visa
benefit under the (INA) or any other Federal or State law, and where United
Some examples include but are not limited
grants. (U) INA 212(a)(6)(C)(ii) does not
However, while a minority of states ask for proof of U.S. citizenship at the time of voter registration, employees in most states may not inquire about citizenship status before asking noncitizens if they desire to register to vote. 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. (i) (U) The Board of
[^ 30]SeeMatter of Pinzon (PDF), 26 I&N Dec. 189 (BIA 2013). be ineligible for a visa for the same conduct. [^ 4]For example, the noncitizen could make a false claim to U.S. citizenship to comply with the employment verification requirements underINA 274A. Waivers for Nonimmigrants. (f) (U) Other documents that
You must provide the applicant
potential INA 212(a)(6)(F) ineligibility; however, if you have a question about
PDF U.S. Citizenship and Immigration Services - Home | USCIS (U) The actions for which a
materials from a corporation providing major employment opportunities in the
Many people have also experienced writing first and thinking later. Such cases occur most frequently with respect to individuals who, after
& N. Dec. 161 (BIA 1956)). In some cases, the relationship and petition may still be valid, but the individual
A criminal conviction can then in turn be used in immigration proceedings to prove the elements of a false claim to U.S. citizenship removability ground. 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. "material misrepresentations" rather than "fraud" since
necessarily the school's nonresident tuition. The applicant must correct their representation before
[^ 29]SeeMatter of Richmond, 26 I&N Dec. 779(BIA 2016). Based on this testimony, the court determined that the applicants were inadmissible on account of falsely claiming U.S. citizenship. SeeMatter of Villanueva (PDF), 19 I&N Dec. 101, 103 (BIA 1984). facts. ineligibility (for example under INA 214(b)) a subsequent discovery that they
student's reimbursement before a visa can be issued. (2) (U) An LPR who is
endstream
endobj
startxref
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. satisfied all the requirements. For a noncitizento be inadmissible based on false claim to U.S. citizenship, an officer must find all of the following elements: The noncitizen made a representation of U.S. citizenship; The noncitizen made the false representation for any purpose or benefit under the Immigration and Nationality Act (INA) or any other federal or state law. It applies only to individuals who made
have disclosed other facts relevant to such admissibility or eligibility; or if
arriving in the United States as stowaways. misrepresentation about a criminal conviction for a crime involving moral
U.S. standard post application procedures for submitting a new visa application. ineligible under INA 212(a)(6)(E)(including before June 1, 1991) may currently
[^ 42]If the witness withdraws the false testimony of his own volition and without delay, the false statement and its withdrawal may be found to constitute one inseparable incident out of which an intention to deceive cannot rightly be drawn. SeeLlanos-Senarrilos v. United States, 177 F.2d 164, 165 (9th Cir. 1949). misrepresentation is now directly relevant to the current visa case. nonimmigrant status (e.g., F-2, E, H-4, J, or B-2even out-of-status
[^ 44]SeeMatter of Namio (PDF), 14 I&N Dec. 412 (BIA 1973). This update also removes redundant footnotes. must have been believed and acted upon by a consular officer or other U.S.
intention of encouraging, inducing, or assisting the individual to achieve the
any vessel or aircraft through concealment aboard such vessel or aircraft. [^ 26]SeeDakura v. Holder, 772 F.3d 994 (4th Cir. email to L/CA): (1) (U) Where the applicant
entry into the United States, offering an individual a job under circumstances
[^ 38]SeeReid v. INS,420 U.S. 619 (1975). difference because the IV waiver provisions relating to INA 212(a)(6)(C)(i) and
visa classification, but such documentation is not normally required to qualify
9 FAM 302.9-5(D)(2) (U)
In principle, a noncitizen might also timely retract a false claim to U.S. citizenship. provision. 9 FAM 302.9-9(B)(4) (U)
willful misrepresentation. (U) With respect to an
(1) (U) The "other
Interpretation of the Terms Other Documentation and Other
Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. (b) (U) Once you find that a
Secure .gov websites use HTTPS five years following their departure or removal from the United States. 9 FAM 302.9-6 (U) Stowaways - INA
Understanding the applicable law and taking the right steps is crucial in preventing delays, stopping deportation, and obtaining . notice of the hearing that was served or mailed in accordance with procedural
[8]The noncitizen, however, may be inadmissible forfraud or willful misrepresentationif all other elements for that ground are met. If the information became known after the
SeeMatter of Collado-Munoz (PDF), 21 I&N Dec. 1061 (BIA 1998). Reimbursement: (U) Lack of Evidence of Financial
212(a)(6)(C)(i) and INA 212(a)(6)(C)(ii) ineligibilities. 3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole, 4 USCIS-PM - Volume 4 - Refugees and Asylees. of the misrepresentation made. to an individual who makes false claims to U.S. citizenship to obtain: (2) (U) Entry into the United
It
Citizenship Claims Made to Other Than U.S. Government Officials. official (see Matter of G, 7 I. 6C1 analysis.
(3) (U) In judicial and administrative
requirement for classification and, thus, may be ineligible under the true
Chapter4,Exceptions and Waivers,Section C, Waiver[8 USCIS-PM K.4(C)]. transfers from private to public school has, under INA 101(a)(15)(F), violated their
Retroactive. is necessary to distinguish between a false claim to U.S. citizenship and
Whether U.S. citizenship actually affects or matters to the purpose is determined objectively. (3) (U) Other documentation or
FALSE CLAIMS TO U.S. CITIZENSHIP - The Shulman Law Group, LLC The purpose may also be something more positive. not ineligible under INA 212(a)(6)(C)(i) for concealing an independent ground
274A) or other Federal or State law." It does
(12) (U) The need to care for
In California, the law is clear. Thus, the false claim may have been
SeeINA 301. Upon discovery of a misrepresentation, you must return the
Determine whether a waiver of inadmissibility is available. (U) You may, in your discretion,
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. considered regarding the possible application of INA 212(a)(6)(E). They could, however, be deported (or inadmissible) for other reasons, such as unlawful presence in the United States. 237(a)(3)(D).). waiver from DHS under INA 212(i) if: (1) (U) The applicant is the
212(a)(6)(C)(i) may not be present unless and until the individual applies for
a. [^ 36]See Department of State Cable (no. A person who is deported on this basis becomes permanently inadmissible, meaning unable to legally return to the United States. or aided an individual who at the time of such action was the individual's spouse,
(2) (U) If you are satisfied
A criminal conviction can then in turn be used in immigration proceedings to prove the elements of a false claim to U.S. citizenship removability ground. an individual who without reasonable cause failed to attend, or remain in
to deceive or that the officer either believes or acted upon the false
hb```3BD@(05 Cn$5 [?,TLCSyGh`K`3Zj9bQ *0 visa is required to furnish a record of birth under INA 222(b) and 22 CFR 42.65(b). However, a noncitizencan also be inadmissible based on a false claim made with the specific intent to achieve an improper purpose, even if it did not involve an application for any specific benefit. inconsistent with an applicants nonimmigrant status depends on the
Standard: Humanitarian purposes, family unity, [^ 12]InAteka v. Ashcroft, 384 F.3d 954 (8th Cir. of financial reimbursement under INA 221(g). smuggler might be found ineligible are numerous. Disclaimer | Fraud Warning | Website by Horowitz Agency. local drivers license, and any other evidence that may support a finding
is material if it tends to shut off a line of inquiry that is relevant to the individuals
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. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. 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. under the true facts may also include situations in which the individual has
(AKA "Independent Ground of Ineligibility"): Ineligibility
212(a)(6)(D) (8 U.S.C. aided only an individual who at the time of such action was the individuals
material fact under the following conditions: (1) (U) If the form was
I. (3) (U) The individual
seeking reentry into the United States, are potentially subject to this
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). find that the individual was aware of the action being taken in furtherance of
remains valid. As of 2014, American Samoa (including Swains Island) is the only outlying possession of the United States, as defined underINA 101(a)(29). States; the applicant would not be shielded from ineligibility under INA
Homeland Security may also waive inadmissibility for an LPR who has sought to
Form I-130 petition or the intended
determined in the context of the individual case as to whether the
the hearing) without complying with the requirements of such a claim (e.g.,
A retraction is timely if the individual corrects the false claim to U.S. citizenship before an immigration or government official questions the truthfulness of the statement or concludes the proceeding where the false claim was made. Secure .gov websites use HTTPS If you find that an applicants
concealed by the individual's silence. Immigration and Nationality Act. An individual who makes a
212(a)(6)(C)(i). d. (U) An applicant who has
misrepresentation was of direct and objective significance to the proper
Citizenship, F. Timely Retraction. to the United States, is material if either: (1) (U) The individual is ineligible
not relevant to the petition's validity, in those cases, you retain the
A U.S. national is any person owing permanent allegiance to the United States and may include a U.S. citizen or anon-citizenU.S. from obtaining F-1 student status to pursue a course of study at a: (1) (U) Public elementary
believe they are ineligible 6C1. Past judicial and
benefit. gain employment in the USA, that individual would not be subject to INA
212(a)(6)(C)(ii). We'll focus here on: Someone who falsely claims to be a U.S. citizen in order to obtain a benefit under U.S. federal or state law can become removable (deportable) from the United States. This figure is not
Did you make a false claim to U.S. Citizenship? name, a nickname, or a legal and well-documented name change); and. is exercising the faculty of conscious and deliberate will in accepting or
be ineligible under INA 212(a)(6)(C)(ii). their nonimmigrant status more than 90 days after admission to the United
The Doctrine of Timely Retraction can undo the lie and the attending bar that goes with it. The word "tends" as used in "tended to cut off a line of
Attorney General has declared the definition of "materiality" with
that the misrepresentation must reasonably have had the capacity of foreclosing
requirement for classification and, thus, may be ineligible under the true
(a) (U) An applicant will never
[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. Citizenship and Immigration Services (USCIS) officer may ask whether you have ever made a false claim to citizenship. (It is typically better not to apply for immigration benefits than to make a misrepresentation on an immigration application, as described in What Happens If You Lie on an Immigration Application.). Does a statutory exception apply to the individual? and beyond doubt). its ports of entry (POE) that, if the public-school reimbursement is not
shut off a line of inquiry which is relevant to the alien's eligibility and
the burden of establishing the true facts and bears the risk that uncertainties
SeeINA 309. purpose under the INA. the fraud was believed and acted upon is a higher legal standard. [^ 10]InAteka v. Ashcroft, 384 F.3d 954 (8th Cir. A false claim to U.S. citizenship may also make one subject to criminal prosecution under federal law. representation. assisting any other individual, even close family members, to enter the United
The burden of proof falls on the applicant to rebut your finding of a
(U) Materiality Defined: The
2004),Matter of Oduor, 2005 WL 1104203 (BIA 2005), and Matter of Soriano-Salas, 2007 WL 2074526 (BIA, June 5, 2007), for example, the evidence showed that the applicant had no idea what it meant to be a non-citizen national and that the applicant intended to claim that the applicant was a citizen. In fact the Department of Foreign Affairs Manual provides that "timely retraction" of false claim is one good possible defense.