Upon discovery of a misrepresentation, you must return the
under INA 212(a)(6)(C)(i), you must determine that the following four elements
a. relevant to the individual's eligibility, and which might well have resulted in
[^ 27]SeeMatter of Richmond, 26 I&N Dec. 779, 786-87 (BIA 2016). One court decision concerning a false claim to U.S. citizenship made on student loan applications also accused the immigrant of fraud, since he had used a false name, date of birth, and Social Security Number. (e.g., B1/B2 status); (iii) (U) A nonimmigrant in B
& N. Dec. 412 (BIA 1973); referring to Matter of M, 9 I. (b) (U) Inconsistent Conduct: For
Civil Penalty - INA 212(a)(6)(F). (a) (U) An applicant will never
may consider whether the applicant signed a long-term lease or obtained a
9 FAM 302.9-3(D)(2) (U)
misrepresentation was made because someone else advised the action unless it is
SeeMatter of Namio (PDF), 14 I&N Dec. 412 (BIA 1973), referring toMatter of M-,9 I&N Dec. 118 (PDF)(BIA 1960) andLlanos-Senarrilos v. United States, 177 F.2d 164 (9th Cir. Material Fact. under INA 212(a)(6)(G) provided the applicant meets the criteria specified in 9 FAM 305.4-3(H). the United States. Citizenship and Immigration Services (USCIS) officer may ask whether you have ever made a false claim to citizenship. spouse, parent, son, or daughter. purview of INA 212(a)(6)(C)(i), it must have been made to an official of the
Applicants between 18 and 26 years old can resolve this problem by simply registering for Selective Service, and applicants over the age of 31 fall outside this requirement. Petition Being Filed on Your Behalf: (U) On December 6, 2014, the DHS
(U) Other Benefit Provided Under This Act: The
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 codified the consequences of making a false claim of U.S. citizenship. See 9 FAM 302.9-4(B)(1) above. cause for failing to attend or remain in attendance at removal
notice of the hearing that was served or mailed in accordance with procedural
[^ 28]SeeKungys v. United States, 485 U.S. 759, 770-72 (1988). the interpretation or application of law or regulation, you may request an AO
misrepresentation conceals an ineligibility under grounds other than those
If you find that an applicants
(4) (U) Married sons and
(U) The Attorney General may, in their
If the information became known after the
a. 1988). h. (U) Rebuttal Burden is on the Applicant:
information that was merely concealed by the applicant's silence. PDF U.S. Citizenship Non-Precedent Decision of the and Immigration Services Any Other Alien" Effect of Revision on Family Related Smuggling, (U) Encouraging, inducing, or
(U) Most cases of INA
VISA FRAUD - TIMELY RETRACTION DEFENSE - Norton Tooby 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. 4) the child reasonably believed, when making the false claim to citizenship, that he or she actually was a U.S. citizen. [32], A noncitizenstated twice during DHS interrogation that he was a U.S. citizen. However, Congress toughened the punishment for this misrepresentation in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and, now, there is no waiver for this lie if it is made on or after September 30, 1996. 8 USCIS-PM K - Part K - False Claim to U.S. that the applicant misrepresented their purpose of travel at the time of the
under" the INA is ineligible. 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. at the removal hearing was not in the individual's native language. This decision only applies to cases within the jurisdiction of the Eleventh Circuit, which covers Georgia, Alabama, and Florida. [^ 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. To find remaining AFM content, see the crosswalk (PDF, 350.49 KB)between the AFM and the Policy Manual. b. visa applicant, including a family member, it would only be considered an
This offense carries severe consequences and takes away almost all possibilities to gain legal status, as there is no waiver to forgive this offense. USCIS employees should not rely on the historical versions for current laws, precedent decisions, policies, directives, guidance, and procedures. I. [^ 4]For example, the noncitizen could make a false claim to U.S. citizenship to comply with the employment verification requirements underINA 274A. without a reentry permit, or within a maximum of two years with a reentry
In
study would exceed the 12-month limit. 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. (a) (U) For example, an individual
in seeking a visa or admission to the United States). 9 FAM 302.9-9 (U) Student Visa
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. (U) Ineligibility based on Illegal Entry,
questions about submitting an IV waiver, they should be directed to contact
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. referred to as "The Rule of Probability.". consular officer, a member of posts Locally Employed Staff, or an
until such time as it is overturned. (U) Misrepresentation is Individual's
U.S. citizenship affects or matters to the purpose or benefit sought, that is, it must be material to obtaining the benefit or achieving the purpose. have no legitimate claim would not have a valid passport as defined under the
2012). The trouble is, an immigration judge could find that a non-LPR who made an intentional false claim to citizenship lacks good moral character. considered regarding the possible application of INA 212(a)(6)(E). 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. Students; all immigrant and nonimmigrant petitions; and labor certifications. DHS. could not, on the known facts, qualify as a nonimmigrant. 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. is not authorized incident to status would not be sufficient to justify a
Part K - False Claim to U.S. Citizenship | USCIS Citizenship Claims Made to Other Than U.S. Government Officials. Similarly, an oral
nonimmigrant status the applicant has/had and the activities of the applicant
e. (U) Misrepresentation Made by
Waivers for Nonimmigrants. applications, or by submitting evidence containing false information. (U) The provisions of INA
not ineligible under INA 212(a)(6)(C)(i) for concealing an independent ground
materiality, it must be shown that the misrepresentation was of basic
find that the individual was aware of the action being taken in furtherance of
212(a)(6)(C)(ii), if you find that the applicant
[^ 1] In previous guidance, anoncitizenneeded to have made the false representation knowingly in order to be inadmissible under INA 212(a)(6)(C)(ii). had misrepresented certain aspects of the case would not be considered material
Several courts have dealt with the issue explicitly. [^ 29]SeeMatter of Richmond, 26 I&N Dec. 779(BIA 2016). The bottom line is that, even if you apply for a nongovernment benefit, if it requires U.S. citizenship as a condition of eligibility, you could be making a false claim for the purposes of U.S. immigration lawor at the very least, raise enough questions in the minds of U.S. immigration authorities that they place you into removal proceedings. sons and daughters of LPRs; and. The definition of a passport in INA 101(a)(30) requires that the document show the bearer's
Attorney General has declared the definition of "materiality" with
1949). 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 . SeeTheodros v. Gonzales, 490 F.3d 396 (5th Cir. review all 6C1 findings of ineligibility under the 90-day rule. This documentation does not constitute evidence of timely retraction of the Applicant's false claim to U.S. citizenship. U.S. A false claim to U.S. citizenship may also make one subject to criminal prosecution under federal law. False Claims to US Citizenship, Immigration Inadmissibility, Waiver a final order. per 9 FAM 302.9-5(B)(4) below. Review our. The historical versions are provided for research and reference purposes only. where it is clear that the individual will not enter the United States legally
Can You Lie About Citizenship? | LawInfo 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. 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. 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. It does
Making a False Claim to U.S. Citizenship - Attorney Jane Lee SeeMatter of M-,9 I&N Dec. 118 (PDF)(BIA 1960) (also cited byMatter of R-S-J- (PDF), 22 I&N Dec. 863 (BIA 1999)). You should advise the applicant
status unless the student has reimbursed the school as noted in 9 FAM 302.9-9(B)(8) below. assistance of counsel (such as receiving advice from an attorney not to attend
Immigration Appeals has held that misrepresentations of residence and identity
c. (U) The following
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 personis not eligible for the benefit. a. Citizenship. requirements of making such a claim (e.g. Section 291 of the Act, 8 U.S.C. 1541-46. (U) You may, in your discretion,
See9 FAM 302.9-4(B)(3)(f), Timely Retraction. 212(a)(6)(C)(i). Title 18 U.S. Code 911 involves a maximum sentence of three years for a violation, and unlawful claims to citizenship under Title 18 U.S. Code 1015 involve a maximum sentence of five years. of the initial visa interview, so that you were able to engage with the
to deceive or that the officer either believes or acted upon the false
findings. (U) A key element of INA
Section E, Timely Retraction[8 USCIS-PM K.2(E)], Determine whether noncitizen is exempt from inadmissibility because a statutory exception applies. you find that they were aware at the time of the misrepresentation made on their
Sign up for our free monthly email newsletter and keep up to date with criminal immigration law. be ineligible under INA 212(a)(6)(C)(i) if they can demonstrate eligibility on
(3) (U) Aiding an individual
to receive a visa under INA 212(a)(6)(F). Retroactive. employment authorization, or was later used to gain another immigration
violates the provisions of INA 214(m) becomes ineligible under INA 212(a)(6)(G)
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 (10), you may request an AO from L/CA. spouse, son, or daughter of a U.S. citizen or a lawful resident; and. The claim to U.S. citizenship is in the "fine print" of the form. district. A person may be placed into removal proceedings even if the false claim was made unintentionally or to certain private parties administering a government benefit. the 12-month limit. local area, unless it can be established that the value of the grant on an
As of 2014, American Samoa (including Swains Island) is the only outlying possession of the United States, as defined underINA 101(a)(29). For historical versions before June 11, 2021, navigate to the USCIS Policy Manual within the USCIS website at:https://archive.org, Select a date to view the historical version, 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. Must Act Knowingly. Interpretation of the Term Willfully. (U) You may, in your discretion,
(U) Differentiation Between
within the provisions of. such a change or adjustment of status. LPR who temporarily proceeds abroad voluntarily and is otherwise admissible as
to schools that have received major grants and land, buildings, or educational
This does not apply,
d. (U) There is no minimum age
For more information on inadmissibility based on fraud and willful misrepresentation, see Part J, Fraud and Willful Misrepresentation [8 USCIS-PM J]. decisions about the applicability of INA 212(a)(6)(C)(i), a distinction has
Attend Removal proceeding - INA 212(a)(6)(B). "fraud" typically means that the individual made a false
Matter ofJunYun ZHANG,Respondent - United States Department of Justice (U) INA 212(a)(6)(C)(ii) renders
See Sandoval v. Holder, 641 F.3d 982, 986-89 (8th Cir. 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. stranded and unable to arrive on time to the hearing. the post files exception would not apply. the hearing) without complying with the requirements of such a claim (e.g.,
b. authority to make an INA 212(a)(6)(C)(i) determination. who are either present or arriving in the United States. demonstrates that they were in Federal or State custody and the failure to
permit). He also failed to show that citizenship did not affect removal proceedings. In some states, the information on this website may be considered a lawyer referral service. between making a false claim to U.S. citizenship and simply failing to
Interpretation of the Terms Other Documentation and Other
reasonably believed at the time of such violation that they were a U.S.
other benefit under any U.S. State or Federal law. executed a visa application on an applicant's behalf. (e.g., an F1 nonimmigrant attending a university), engaging in employment that
time, may not be permanent and the other INA 212 ineligibilities which involve
), as set forth in Matter of Lozada, 19
e.g., L/CA, the Office of Fraud Prevention Programs (CA/FPP), and the Visa
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. with other grounds that do not require a formal AO, the AO may be informal. Therefore, this section deals principally with
The subsequent
misrepresentation was of direct and objective significance to the proper
212(d)(11) is only available to IV applicants in the following categories: (1) (U) Immediate relatives
timeknowingly has encouraged, induced,
Relationship Petitions: USCIS retains exclusive authority to deny or
facts materiality test. These misrepresentations can include using a false name or other identifying information, providing false marital status and many others. contact DHS directly. It is very serious to be charged with making a false claim to citizenship. recommend that DHS grant a waiver under INA 212(d)(3)(A) for a nonimmigrant ineligible
(U) The Secretary of
The disclosure of the false claim on the adjustment of status application, therefore, would be part of a different proceeding. a. For the retraction to be effective, it has to be voluntary and without delay (timely). documents as: (b) (U) Border crossing
misrepresented is material (see 9 FAM 302.9-4(B)(5); and. document fraud. shut off a line of inquiry which is relevant to the alien's eligibility and
18 U.S.C. See In re Jose Manuel Isabel Diaz
"reason to believe standard, which requires more than mere
United States under the conditions found in INA 211(b), i.e., one who returns
Secure .gov websites use HTTPS they may have had reasonable cause for failing to appear at the removal
made a misrepresentation. [38], Therefore, a noncitizenwho comes into the United States under a false claim to U.S.citizenshipis not only inadmissible for falsely claiming U.S. citizenship, but may also be inadmissible as a noncitizenwho is in the United States without inspection and admission or parole.[39]. that ineffective assistance of counsel was the cause of the individual's
Ordinarily, no AO is required, but posts should report
determination of whether a retraction is timely is made on a case-by-case
the failure to volunteer information does not in itself constitute a false
In order to qualify for this type of relief, however, a showing of good moral character is required for non-permanent residents (non-LPRs). (ii) (U) An NIV applicant's
the child reasonably believed, when making the false claim to citizenship, that they were actually a U.S. citizen. If the benefit requires U.S. citizenship as part of eligibility, then the noncitizens false claim is material. citizenship to avoid removal proceedings would also qualify as a
In some jurisdictions, you certify U.S. citizenship simply by signing the voter application. The effect of a timely retraction is that the misrepresentation is eliminated. And because the stakes are high, now would be an excellent time to hire an immigration attorney. and "willfully misrepresenting a material fact," which are two
own files, it cannot be said that the applicant's misrepresentation tended to
(2) (U) Tends Defined:
15 See 9 FAM 302.9-4(B)(6). This includes oral misrepresentations made at the border by a person assisting a noncitizento enter illegally. or written statements or knowingly provides fraudulent documents on behalf of any
potential INA 212(a)(6)(B) ineligibility; however, if you have a question about
Waivers for Immigrants. 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. [^ 11]SeeU.S. v. Karaouni, 379 F.3d 139 (9th Cir. ineligibility (for example under INA 214(b)) a subsequent discovery that they
possession of a valid passport. 911; 8 U.S.C. is material if it tends to shut off a line of inquiry that is relevant to the individuals
1182(i)); INA 214(m) (8 U.S.C. any individual who at any
(U) Willfully Defined: The
The key issue here is the intent of the parties at the time they entered into the marriage; i.e. [^ 30]SeeMatter of Pinzon (PDF), 26 I&N Dec. 189 (BIA 2013). A person can become deportable for making false claims to U.S. citizenship to employers. A "noncitizen national of the United State" means an individual born in . 9 FAM 302.9-2 (U) Present Without
entered on the student's Form I-20, Certificate of Eligibility for Nonimmigrant
employment activities when make a 6C1 finding under the 90-day rule. 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. in support of an immigrant visa application would fail to meet the statutory
official (see Matter of G, 7 I. daughters of U.S. citizens; (3) (U) Spouses and unmarried
the burden of establishing the true facts and bears the risk that uncertainties
claimed that she was unaware that her brother filed a fourth preference family
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. FAM 302.9-4(B)(4)); (3) (U) The fact
engaged in a misrepresentation that created the appearance that they had
Waivers for Immigrants. 1182(a)(6)(E)); INA 212(a)(6)(F) (8 U.S.C. %PDF-1.6
%
b. recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant
(U) An assertion by a visa
c. (U) Lack of Evidence of Financial
Defined: As used in INA 212(a)(6)(C)(i), a misrepresentation is an
transfers from private to public school has, under INA 101(a)(15)(F), violated their
if: (1) (U) Each parent is or was
nonimmigrant status (e.g., F-2, E, H-4, J, or B-2even out-of-status
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. 911; 8 U.S.C. Review our. (iv) (U) Undertaking any other
interview. The Board of Immigration Appeals (BIA) non-precedent decisions seem to draw on this distinction. an IV application are not timely retracted by the applicant at the time of the
(U) No waiver is available for IV applicants
immigration benefit listed in the INA, including, but not limited to, requests
A .gov website belongs to an official government organization in the United States. This content has been superseded by the current version available in the Guidance tab. The Board of Immigration Appeals
misrepresentation in or before primary inspection at a port of entry would not
authorized status without the benefit of such a change of status. If an applicants attorney or agent makes the false representation, the applicant is held responsible. If so, even if they later changed their minds, the marriage is not sham. requirement for classification and, thus, may be ineligible under the true
Applicant's Agent or Attorney: The fact that an applicant pursues a
(U) INA 212(a)(6)(C)(ii) also
Furthermore, a noncitizencannot deny responsibility for any misrepresentation made by the noncitizen based on the advice of another person. has held that service of a notice to appear on a minor who is 14 years of age
Citizenship and Immigration Services (USCIS) is issuing guidance toaddress the false claim to U.S. citizenship ground of inadmissibility under section 212(a)(6)(C)(ii) of the Immigration and Nationality Act (INA). 1101(a)(49)); INA 212(a)(6)(A) (8 U.S.C. (U) An AO is not required for a
This decision only applies to cases within the jurisdiction of the Eleventh Circuit, which covers Georgia, Alabama, and Florida. Admitting to the false representation after USCIS has challenged the veracity of the claim is not a timely retraction. Nevertheless, for visa adjudication, the order must be considered final
residence in the United States. to assisting a noncitizen to enter the United States in violation of law." (2) (U) Public secondary
If the activities happened within 90 days after the visa
False claims to U.S. citizenship were not always Aunwaivable@. material misrepresentation. a violation occurred, you may request an AO from L/CA. submitted in support of an immigration benefit under the INA, such as an
Form I-130 petition or the intended
aided only an individual who at the time of such action was the individuals
not material. 144 0 obj
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The eligibility is not restricted to U.S. citizens but a noncitizenmust submit additional evidence that a U.S. citizen is not required to submit. application for admission to the United States, including any information
waivers, employment authorization, advance parole, voluntary departure under
Federal or State law, while 212(a)(6)(C)(i) is limited to fraud or