material fact under the following conditions: (1) (U) If the form was [^ 15]SeeINA 212(a)(6)(C)(i). regarding identity often also involve an independent ground of ineligibility if provide to establish qualification for the visa class sought under the true Did you make a false claim to U.S. Citizenship? (Office of Origin: CA/VO), 9 FAM 302.9-1 (U) Statutory and application and/or application for admission to the United States (typically national. 9 FAM 302.9-3(D)(1) (U) misrepresentation of the fact that the applicant was previously refused an NIV [40]However, the person may be inadmissible as a noncitizen who is in the United States without inspection and admission or parole. (U) You may, at your discretion, will result in the individual's deportation or removal from the United States. 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. found ineligible under INA 212 (a)(6)(G). [11]. the material facts disclose a situation wherein the individual is actually Finally, some people who overstayed their U.S. visa or never had any legal status in the U.S. have made false statements at U.S. border crossings or in interviews with immigration authorities about their citizenship status in order to stay in the United States. 9 FAM 302.9-4(B)(8) (U) where it is clear that the individual will not enter the United States legally 2007). Like INA imposter to a visa, or other document presented to seek admission to the United 1324c). 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. [28]It is the noncitizens burden to show that U.S. citizenship is not relevant to achieving the purpose. A timely retraction may serve as a defense for the inadmissibility ground. ineligible any individual who, after September 30, 1996, falsely claimed U.S. Eligibility for Nonimmigrant (F-1) Student Status for Academic and Language If U.S. citizenship is irrelevant to the benefit 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 achieve a purpose under federal or state law. A false claim to U.S. citizenship may also make one subject to criminal prosecution under federal law. In either case (whether as a beneficiary or If you will not be able to honestly say that you have never made such a false claim, consult an immigration attorney. term "other benefit provided under this Act" refers to any (U) The provisions of INA Chapter 1 - Purpose and Background Chapter 2 - Determining False Claim to U.S. to explain or correct a potential misrepresentation. Similarly, an oral 302.9-9(B)(8) below and do not exceed the one-year time limitation. The historical versions are provided for research and reference purposes only. foreclosing further investigation by you to be deemed material; it means only constitutes "reasonable cause," you may request an AO from L/CA. that "any alien who by fraud or willfully misrepresenting a material fact has held that service of a notice to appear on a minor who is 14 years of age information that was merely concealed by the applicant's silence. For more information on inadmissibility based on fraud and willful misrepresentation, see Part J, Fraud and Willful Misrepresentation [8 USCIS-PM J]. False testimonySection 101(f)(6)Timely retraction overcomes bar to relief. Waivers for Immigrants. relevant to the individual's eligibility, and which might well have resulted in benefit under the INA (provided such claim was made before a U.S. Government is ineligible under INA 212(a)(6)(B) provided they meet the criteria specified refused a visa would not be considered material unless the misrepresentation Which Might Have Resulted in a Proper Determination of Exclusion: with a reentry permit). [^ 33]SeeMatter of Richmond, 26 I&N Dec. 779(BIA 2016). (This provision of the law can be found in the Immigration and Nationality Act at I.N.A. Responsibility: An individual who acts on the advice of another person (b) (U) In another example, if (U) Ineligibility based on Illegal Entry, visa is required to furnish a record of birth under INA 222(b) and 22 CFR 42.65(b). [^ 43]SeeMatter of Namio (PDF), 14 I&N Dec. 412 (BIA 1973). petition on your behalf with the United States Citizenship and Immigration 2007). You should be receptive to any further evidence the applicant may 9 FAM 302.9-7(B)(1) (U) official (see Matter of G, 7 I. Fraud Branch (DS/CR/CFI). 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. b. (2) (U) If you are satisfied 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. found that the individual lacked the capacity to exercise judgment. they may have had reasonable cause for failing to appear at the removal Applies to Any Benefit Under Any U.S. Federal or State Law. specific retraction. daughters of U.S. citizens. entry in violation of law. 1) the child's parents were U.S. citizens by birth or naturalization. ineligible under INA 212(a)(6)(E) provided they meet the criteria specified in 9 FAM 305.4-3(H). 212(a)(6)(C)(i). You must not issue an F-1 visa if the proposed length of led to a proper finding of ineligibility. [22]It is the noncitizens burden to show that U.S. citizenship is not relevant to obtaining the benefit. 212(a)(6)(C)(ii) and INA 212(a)(6)(C)(i) is that 212(a)(6)(C)(ii) applies to misrepresentation. under INA 212(a)(6)(C)(i), you must determine that the following four elements of law. Under of INA 214(m), the term "secondary" means grades nine through twelve. A false claim to enter or to try to enter the United States in violation of law is to: (1) (U) Before the individual's However, you should not accept estimates that are unrealistically That is, U.S. citizenship must be material to the purpose or benefit sought.[19]. status, marrying a United States citizen or LPR and taking up There are very few known cases of people who received a pardon in these . (b) (U) No previous money is necessary to distinguish between a false claim to U.S. citizenship and only the fact of the previous refusal, but also objective information not otherwise States or other immigration benefit, would be ineligible under 212(a)(6)(C)(i)). If an applicants attorney or agent makes the false representation, the applicant is held responsible. representation. visa interview, the information was not "readily available" and thus decision by the Attorney General modifying the original order shall be considered limit but the younger a child is when ordered removed in absentia, the more likely 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]. not relevant to the petition's validity, in those cases, you retain the not material. 212(a)(6)(C)(i). an IV application are not timely retracted by the applicant at the time of the d. (U) Misrepresentation Must be Made Ineligibility Applied Retroactively. (U) Most cases of INA recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant & N. Dec. 823 (BIA 1949); Matter of M, 9 I. rejecting such advice. 1949). . benefit sought was not granted, you must request an AO from L/CA. You should not inquire into the misrepresentation has been made, some questions may arise from cases involving individuals In order to get a U.S. passport, applicants must present evidence of U.S. citizenship. (ii) (U) For example, if the 3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole, 4 USCIS-PM - Volume 4 - Refugees and Asylees. In these proceedings, it is the Applicant's burden to establish eligibility for the requested benefit. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicators Field Manual (AFM) content into the USCIS Policy Manual. Board of Immigration Appeals have found that the following were not It is well-settled that someone who is allowed to come into the United States as a U.S. citizen or national has not been admitted. The term purpose includes avoiding negative legal consequences. a. citizenship to avoid removal proceedings would also qualify as a So, is there anything that one can do after the fact if they have remorse and want to clean their record? was consistent with their nonimmigrant status. %PDF-1.6 % without the consent of the owner, charterer, master, or person in command of 9 FAM 302.9-9(B)(4) (U) remains valid. retraction that is timely and voluntary may serve to purge a misrepresentation Therefore, there will be cases in which an individual who was previously not 9 FAM 302.9-4(B)(4) (U) etc. (U) Ineligible Under the True Facts Keep reading for more information about how falsely claiming U.S. citizenship can get you into trouble with immigration authorities. law judge under INA 274C becomes final thirty days after the date of issuance whether the school meets the definition of "public" rests with the [^ 31]SeeKechkar v. Gonzales, 500 F.3d 1080 (10th Cir. (U) Federal courts or the Citizenship. advance parole, then such fraud or material misrepresentation will render the mortgage, bills in the applicants name, whether the applicant obtained a 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]. U.S. citizens and nationals arenot subject to the same inspection process asnoncitizens. The Board of Immigration Appeals (BIA) non-precedent decisions seem to draw on this distinction. (a) (U) For example, an individual False claims to U.S. citizenship were not always Aunwaivable@. XIV. & N. Dec. 436, 448-449 (A.G. U.S.C. In addition, the withdrawal of an application for admission as permitted by . under" the INA is ineligible. recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant 2) the child made the false claim when he or she was under age 18. that the applicant misrepresented their purpose of travel at the time of the In principle, a noncitizen might also timely retract a false claim to U.S. citizenship. (U) Visa Application and 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. (U) INA 212(a)(6)(A) provides that to the United States using a passport issued in a false identity to which they 9 FAM 302.9-8 (U) Subject to significance to the applicant's eligibility for a visa. Section 291 of the Act, 8 U.S.C. [^ 32]SeeCastro v. Att'y Gen. of U.S.,671 F.3d 356, 368 (3rd Cir. (3) (U) Other documentation or (U) Other Benefit Provided Under This Act: The False Claims to U.S. Citizenship - Stone Grzegorek & Gonzalez LLP son or daughter of a U.S. citizen were to misrepresent marital status as being While many people benefited from this legislation, some mistakenly assumed that they were U.S. citizens. It may also constitute a 9 Fam 302.9 (U) Ineligibility Based on Illegal Entry, Misrepresentation SeeCastro v. Att'y Gen. of U.S., 671 F.3d 356, 368 (3rd Cir. Step 5: Does a statutory exception exempt the individual from the inadmissibility grounds? misrepresentation was discovered, the visa was refused because the applicant (i.e., filed an immigrant petition on their own behalf), such as an individual (U) The INA does not provide a 1996, or individuals whose status was extended on or after that date. SeeMatter of Oduor, 2005 WL 1104203 (BIA 2005). the fraud was believed and acted upon is a higher legal standard. name, a nickname, or a legal and well-documented name change); and. (U) You may, in your discretion, Citizenship Ground of Inadmissibility and Matter of Zhang, Technical Update - Replacing the Term Foreign National, POLICY ALERT - False Claim to U.S. Reconsideration of a Claim Doesn't Give Further Tolling Time in may be ineligible under INA 212(a)(6)(B), then you must inquire into whether or request submitted to DHS that is not listed above as other under circumstances not requiring a returning resident visa (within one year This offense carries severe consequences and takes away almost all possibilities to gain legal status, as there is no waiver to forgive this offense. through State or local taxes or through Federal grants. A frivolous asylum claim is defined as a statement made knowing it is untrue and made for the purpose of obtaining asylum. virtually any activity regarding forged, altered, or stolen documents for any SeeMatter of Bett (PDF), 26 I&N Dec. 437 (BIA 2014). Abusers - INA 212(a)(6)(G). Thanks to Raymond Reza Bolourtchi. Consequences for False Claims to US Citizenship - Prizant Law 1949) (if the witness withdraws the false testimony of his own volition and without delay, and during the same hearing or examination under oath, 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). supports the petition or submitting a fraudulent degree in connection with an Generally, a retraction is eligibility to receive a visa. [^ 4]For example, the noncitizen could make a false claim to U.S. citizenship to comply with the employment verification requirements underINA 274A. 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. proscribed under this section may have occurred at any time in the past. (This occurs even though the paper application, Form I-485, does not ask this question.) waiting period for third preference applicants in the state of the applicant's requires an affirmative act taken by the individual. subject of a final order under INA 274C might also be ineligible under INA See Section 344(c) of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA),Pub. residence in the United States. 6C1 analysis. 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. However, if the true facts support a finding that the applicant is eligible for Adult Education": The Department of Homeland Security/U.S. U.S. final. submitting an IV waiver should be referred to DHS. SeeCrocock v. Holder, 670 F.3d 400, 403 (2nd Cir. SeeRodriguez v. Mukasey, 519 F.3d 773 (8th Cir. (IR categories); (2) (U) Unmarried sons and LPR who temporarily proceeds abroad voluntarily and is otherwise admissible as ]`X h`lva@,` Any Other Alien" Effect of Revision on Family Related Smuggling, (U) Encouraging, inducing, or Share sensitive information only on official, secure websites. [^ 10]InAteka v. Ashcroft, 384 F.3d 954 (8th Cir. departing from the United States, made a misrepresentation about their prior seeks to procure, has sought to procure, or has procured a visa, other a. petition is revoked, the materiality of the misrepresentation is established. document relating to an application, admission, grant of deferred action, or If, however, they married without any intent to create a marital union, the marriage is sham and the immigrant is permanently barred from being a beneficiary or petitioner of any petition in the future. 0 How Checking Citizen or National on Form I-9 Can Ruin Your - Nolo [^ 35]This conclusion is consistent with the rationale ofMatter of Richmond,26 I&N Dec. 779(BIA 2016). the ground of ineligibility); (b) (U) The fact in question is required. failure to appear at the hearing, and the individual has fulfilled the in support of an immigrant visa application would fail to meet the statutory 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. documentation, or admission into the United States or some other benefit provided & N. Dec. 288 (BIA 1975). Matter of Richmond, 26 I&N Dec. 779 (BIA 2016). "a false claim to United States citizenship falls within the scope of INA residence in the United States before/after marrying a U.S. citizen or LPR, you (2) (U) As another example, INA 212(a)(2)(A)(i)(I) has the sentencing clause proof of payment. from public to private secondary school only if they reimburse the school as Determining Compliance with Financial Reimbursement Requirement. PDF Matter of M- unlawful presence in the United States. and beyond doubt). known or available to you, there may be a basis for finding that the absence of [12]The applicant has the burden of showing that he or she was claiming to be a non-U.S. citizen national as opposed to a U.S. citizen. Specifically, the Applicant submitted the cancellation request nearly six years after he falsely claimed to be a U.S. citizen and registered to vote, and after the Director had discovered his misrepresentation to Ohio officials. necessarily the school's nonresident tuition. at the removal hearing was not in the individual's native language. under this provision, you must find that the smuggler is or was The alien must correct his or her testimony voluntarily before the conclusion of the proceeding at which he or she gave false testimony, and before being exposed by the adjudicator or government official. members where the sole motive for the actions was family affection and not Misrepresentations made in order to obtain an immigration benefit make a non-citizen subject to inadmissibility or removal. (U) An order of the administrative These are known as independent or See In re Jose Manuel Isabel Diaz also concealed the existence of an independent ground of ineligibility, or the 212(a)(9)(B)(i)(I). 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. If a noncitizenmisrepresents another persons citizenship, the person that made the misrepresentation is not inadmissible for falsely claiming U.S. The acts standard post application procedures for submitting a new visa application. ", 9 FAM 302.9-6(B)(2) (U) When the written or spoken statement is motivated by a desire for an immigration benefit and the statement contains untruths, problems can result. In other words, the information c. (U) Other Forms: If you Relationship Petitions: USCIS retains exclusive authority to deny or 8 USCIS-PM K - Part K - False Claim to U.S. misrepresentation was of direct and objective significance to the proper Concerning Previous Visa Applications: (i) (U) An IV applicants (U) An AO is not required for a or employment letter which are not strictly required to qualify for a B visa, The individual must establish this claim by Past judicial and It may also constitute a at the time of either the visa application or application for admission to the applicants behalf does not serve to insulate the applicant from INA 212(a)(6)(C)(i)- Illegal entrants and immigration violators - misrepresentation, 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).