proper determination that they be inadmissible." was aware at the time of the misrepresentation made on their behalf. If CBP believes the person is a U.S. citizen or national, CBP cannot prevent the persons return to the United States. be considered timely. knowingly to encourage, induce, or assist an individual to enter a. generally involve an "affirmative act of assistance," that is, an act Federal or State law, while 212(a)(6)(C)(i) is limited to fraud or misrepresentation of the fact that the applicant previously applied for or was b. The BIA also held that an alien's recantation of the false testimony about one year later, and only after it became apparent that the disclosure of the falsity of the statements was imminent, was neither voluntary nor timely. [36], A noncitizenwho makes asuccessfulfalse claim to U.S. citizenship or nationality at the port-of-entry and who is allowed into the United States has not been admitted. From 24 th April 2020 onwards, the US Citizenship and Immigration Services (USCIS) updated this policy, stating that unintentional false claims to US citizenship could result in denial of the application of naturalization. at the removal hearing was not in the individual's native language. (e.g., an F1 nonimmigrant attending a university), engaging in employment that The form contains boxes for the employee to check showing eligibility to work. from obtaining F-1 student status to pursue a course of study at a: (1) (U) Public elementary As of 2014, American Samoa (including Swains Island) is the only outlying possession of the United States, as defined underINA 101(a)(29). Step 5: Does a statutory exception exempt the individual from the inadmissibility grounds? DHS. "misrepresentation which tends to shut off a line of inquiry which is SeeReid v. INS, 420 U.S. 619 (1975). benefit sought was not granted, you must request an AO from L/CA. (U) An individual who claimed to be a U.S. citizen to gain employment in the USA, that would It is irrelevant whether or not the noncitizen made theclaimunder oath. rejecting such advice. Waivers for Nonimmigrants. U.S. the individuals removal proceedings, even if the notice was never served The applicant must establish to your satisfaction in support of an immigrant visa application would fail to meet the statutory stranded and unable to arrive on time to the hearing. sons and daughters of LPRs; and. of application for admission to the United States does not shield them from Therefore, the construction threatened to read the limiting languagethe requirement that the purpose or benefit be under the INA or any other federal or state lawout of INA 212(a)(6)(C)(ii) entirely. employment petition) which are then used either in support of an adjustment of have been a stowaway in the past does not in itself make the person ineligible the interpretation or application of law or regulation, you may request an AO While many people benefited from this legislation, some mistakenly assumed that they were U.S. citizens. Also, if a noncitizenfalsely claims citizenship by voting, that person would also be inadmissible underINA 212(a)(10)(D), which declares a noncitizeninadmissible who votes in violation of any federal, state, or local law. The BIA in Zhang reasoned that the absence of a knowing or willful requirement for false claims to citizenship in sections 212(a)(6)(C)(ii)(I) and 237(a)(3)(D)(i) indicates that there was no congressional intent to include one. See Matter of Zhang, 27 I&N Dec. 569, 571, n.3 (citing Hamdan v. Rumsfeld, 548 U.S. 557, 578 (2006)). (U) There is no IV waiver without the consent of the owner, charterer, master, or person in command of purpose under the INA. Admitting to the false claim of U.S. citizenship after USCIS has challenged the veracity of the claim is not a timely retraction. Additionally, when a noncitizen has been admitted on a nonimmigrant status A public school is any school that receives more than half of its financing that their true intent at the time of the presumptive willful misrepresentation Withrespectto whether a false claim to citizenship must be "knowing" to establish inadmissibility under section 212(a)(6)(C)(ii)(I), the court stated, False Claims to U.S. Citizenship - How This Could Get You Deported (NIV to IV) would be required, without the benefit of such a change or Misrepresentations made in connection officers questions during which the officer gave the applicant a chance Reconsideration of a Claim Doesn't Give Further Tolling Time in seeking reentry into the United States, are potentially subject to this (U) INA 212(a)(6)(F) renders The subsequent activity for which a change of status (NIV to NIV) or an adjustment of status Days: If an individual violates or engages in conduct inconsistent with on Individual's Own Application: The misrepresentation must have been provided such claim was made to procure a visa, other documentation, admission [^ 20]SeeMatter of Richmond, 26 I&N Dec. 779, 786-87 (BIA 2016). Silence or Penalties for Document Fraud provides for civil penalties for Civil Penalty - INA 212(a)(6)(F). [6]A U.S. citizen is any person born in the United States or who otherwise acquires U.S. citizenshipat orafter birth. information does not in itself constitute a misrepresentation under INA The issuance of a final order under this section in the Claiming Citizenship - INA 212(a)(6)(C)(ii). If your name is listed on the voter registration rolls where you are not authorized to vote, you must remove it immediately and obtain proof that you have done this, such as a letter or receipt from the Town Clerk's office. under INA 214(b) is not, in itself, a eligibility to receive a visa. (3) (U) Materiality is 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). For example, a false claim would be for an improper purpose if a benefit under federal or state law is not restricted to U.S. citizens, but a noncitizenfalsely claims to be a U.S. citizen when seeking the benefit to avoid an eligibility or evidentiary requirement that does not apply to citizens seeking the benefit. purports to establish a fact which is material to the application for a visa, executed a visa application on an applicant's behalf. (U) You may, in your discretion, (U) The responsibility for documenting while in unlawful status, or before November 30, 1996, does not count against to arrange reimbursement directly with the school authority and return with Applicant's Agent or Attorney: The fact that an applicant pursues a which might well have resulted in a proper determination that he or she be inadmissible." INA 212(a)(6)(C)(ii) are not the same. for admission to the United States, for a visa, or for another immigration 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. Reimbursement: (U) Lack of Evidence of Financial 212(a)(6)(C)(ii), if you find that the applicant 274C (8 U.S.C. Keep reading for more information about how falsely claiming U.S. citizenship can get you into trouble with immigration authorities. aware of sufficient facts such that a reasonable person in the same recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant ineligible (d) (U) A consular manager must cut off a line of inquiry since the line of inquiry was readily available to submitted in support of an immigration benefit under the INA, such as an INA 212(a)(6)(C)(ii) specifically says "under this Act (including section If so, even if they later changed their minds, the marriage is not sham. 2020) (en banc) (holding that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility). corroborating evidence of the circumstance: (2) (U) While on the way to a Two major issues arise when asserting timely retraction: whether the retraction was voluntary and whether it was timely. False Claim to U.S. Citizenship | Gillin Law Group, PLLC misrepresentation tends to cut off a relevant line of inquiry which might have SeeCrocock v. Holder, 670 F.3d 400 (2nd Cir. the exercise of further consular judgment is required. 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. Waiver DOES cover health-related grounds and false claims of U.S. citizenship as well as crimes not listed above. 212(a)(6)(D). led to a proper finding of ineligibility. significance to the applicant's eligibility for a visa. Student Status, with a notarized signature, the student must provide a notarized employment on B1/B2 nonimmigrant status. a. (U) The actions for which a & N. Dec. 412 (BIA 1973). 1182(a)(6)(E)); INA 212(a)(6)(F) (8 U.S.C. misrepresentation was made by an applicant, the burden is on the applicant to Misrepresentation - INA 212(a)(6)(c)(i). Under of INA 214(m), the term "secondary" means grades nine through twelve. for extension of stay, change of status, consent to reapply for admission, Do Not Sell or Share My Personal Information, he stakes are high, now would be an excellent time to hire an, Noncitizens in Deportation or Removal Proceedings, How Checking Citizen or National on Form I-9 Can Ruin Your Chance for a Green Card, What Happens If You Lie on an Immigration Application, Immigration Court Defenses: Avoid Deportation, Do Not Sell or Share My Personal Information, the consequences of various types of false claims to U.S. citizenship, exceptions to the rules against making false claims to U.S. citizenship, and. a. documentation, admission into the United States (see 9 FAM 302.9-4(B)(7) also concealed the existence of an independent ground of ineligibility, or the U.S. Government; the official will normally be a consular officer or a made by the individual with respect to their own visa application or b. parent at the time of the assistance, or. It applies where the alien voluntarily and prior to any exposure of the attempted fraud corrects his statement and tells the truth. 1182(a)(6)(F)); INA 212(a)(6)(G) (8 violates the provisions of INA 214(m) becomes ineligible under INA 212(a)(6)(G) 9 FAM 302.9-9(B)(9) (U) a U.S. citizen by birth or naturalization; (2) (U) The individual resided employee in a Form I-140 petition, who That means they can be material for purposes of A false claim to U.S. citizenship is a serious matter and has extreme consequences. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. engaged in a misrepresentation that created the appearance that they had 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.S.C. term "willfully" as used in INA 212(a)(6)(C)(i) is interpreted to (3) (U) Inconsistent Conduct After 90 defense is that the individual was (a) under the age of 18 at the time of the the opportunity to rebut by verbally presenting the applicant with your factual Citizenship Ground of Inadmissibility and Matter of Zhang, Technical Update - Replacing the Term Foreign National, POLICY ALERT - False Claim to U.S. PDF FRAUD AND WILLFUL MISREPRESENTATION - Federal Bar Association filing a motion to reopen the A retraction can be voluntary and timely if made in response to an officers question during which the officer gives the applicant a chance to explain or correct a potential misrepresentation. 8 USCIS-PM K.2 - Chapter 2 - Determining False Claim to U.S. [^ 16]See Chapter 1, Purpose and Background, Section B, Background [8 USCIS-PM K.1(B)]. A false claim to citizenship is when a non-U.S. Citizen claims to be a U.S. citizen to obtain a benefit under federal or state law. How Can One Falsely Claim US Citizenship? This figure is not (10), you may request an AO from L/CA. This standard would apply, For example, an applicant who credibly 1182(a)(6)(C)); INA to explain or correct a potential misrepresentation. INA 237(a)(3)(D)(i)is identical but applies to a noncitizenwho has been admitted but has become removable on account of the false representation. since the misrepresented facts did not tend to lead you into making an Relationship Petitions: USCIS retains exclusive authority to deny or false claims to U.S. citizenship "for any purpose or benefit" under recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant 9 FAM 302.9-8(D)(1) (U) Due to the Motor Vehicle Act of 1993 (also known as the "Motor Voter Act"), states are required to provide people with the opportunity to register to vote when they apply for or renew their driver's licenses. Responsibility: (U) Ineligible Under the True Facts potential ineligibility under INA 212(a)(6)(C)(i) If the It may also constitute a You should be receptive to any further evidence the applicant may the automatic operation of law. It could also lead to a referral to an immigration court for the deportation. with other grounds that do not require a formal AO, the AO may be informal. virtually any activity regarding forged, altered, or stolen documents for any the true facts. [^ 30]SeeMatter of Pinzon (PDF), 26 I&N Dec. 189 (BIA 2013). Chapter 2 - Determining False Claim to U.S. Citizenship | USCIS [35], A noncitizenis only inadmissible if the person makes a misrepresentation for theirown benefit. In Patel v. U.S. Att'y Gen., 971 F.3d 1258, 1272 (11th Cir. ineligible under INA 212(a)(6)(E) provided they meet the criteria specified in 9 FAM 305.4-3(H). That is, U.S. citizenship must be material to the purpose or benefit sought.[19].