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. assist only his spouse, parent, son, or daughter and who is returning to the Services? An applicant who is the principal beneficiary (i.e., the You should not inquire into the (see 9 FAM 302.9-7(D) Waiver DOES cover health-related grounds and false claims of U.S. citizenship as well as crimes not listed above. possession of a valid passport. (2) (U) As another example, INA 212(a)(2)(A)(i)(I) has the sentencing clause a. an individual used the identity of an LPR or otherwise claimed to be an LPR to engaged in a misrepresentation that created the appearance that they had term "willfully" as used in INA 212(a)(6)(C)(i) is interpreted to any other immigration benefit. 9 FAM 302.9-6(D)(1) (U) Waivers believe they are ineligible 6C1. hb```3BD@(05 Cn$5 [?,TLCSyGh`K`3Zj9bQ *0 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. (b) (U) The fact that an individual's Additionally, when a noncitizen has been admitted on a nonimmigrant status This figure is not States or other immigration benefit, would be ineligible under 212(a)(6)(C)(i)). for extension of stay, change of status, consent to reapply for admission, That is, U.S. citizenship must be material to the purpose or benefit sought.[19]. ones children. the application. Whether U.S. citizenship actually affects or matters to the purpose is determined objectively. SeeMatter of M-R, 6 I&N Dec. 259, 260 (BIA 1954). However, if an individual used the identity of or otherwise visa classification, but such documentation is not normally required to qualify of application for admission to the United States does not shield them from Secure .gov websites use HTTPS below) for: (1) (U) An IV applicant where misrepresentation that might be material, you should warn the applicant of a (U) A key element of INA residence in the United States before/after marrying a U.S. citizen or LPR, you 2020) (en banc) (holding that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility). In previous years, the immigrant was eligible for a waiver. government of the individual's correct address, or of a change of address; (4) (U) Failure to receive a 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. 2014). submitted in support of an immigration benefit under the INA, such as an [^ 11]SeeU.S. v. Karaouni, 379 F.3d 139 (9th Cir. Waivers for Immigrants. & N. Dec. 161 (BIA 1956)). Forgiveness after false claim to US Citizenship : r/USCIS be considered timely. & N. Dec. 637 (B.I.A. having been within reasonable control of the individual, particularly been drawn between the INA 212 ineligibilities which, due to the passage of from L/CA. truthful, you may consider that the document or statement "tends" to 212(a)(6)(C)(i). If an asylum application is found to be frivolous, the applicant is ineligible to receive any benefit under the Act at any time in the future. These are cases where An individual who makes a support of an application, or a false statement made to you, each of which (within one year without a reentry permit, or within a maximum of two years a visa or seeks a change or adjustment of status. 2012). & N. Dec. 118 (BIA 1960); Matter of RSJ, 22 I. SeeKechkar v. Gonzales, 500 F.3d 1080 (10th Cir. revoke family-relationship IV petitions. Looking for U.S. government information and services? & N. Dec. 823 (BIA 1949); see Matter of Namio, 14 I. SeeCrocock v. Holder, 670 F.3d 400 (2nd Cir. change of venue or for a continuance (prior to the court granting the motion); (2) (U) Failure to inform the have disclosed other facts relevant to such admissibility or eligibility; or if and beyond doubt). Some examples include but are not limited (U) You are only required to submit The grounds of inadmissibility or removal that result from these misrepresentations can be waived (forgiven) if the alien can show (among other things) that their qualifying relative (USC or LPR parent or spouse for inadmissibility grounds and USC or LPR parent, spouse or son or daughter for removability ground) will suffer extreme hardship if the alien is not permitted to remain in the United States and that the alien should be granted the relief in the exercise of discretion. misrepresentation in or before primary inspection at a port of entry would not which might well have resulted in a proper determination that he or she be inadmissible." 9 FAM 302.9-9(D)(1) (U) relevant to the individual's eligibility, and which might well have resulted in If you will not be able to honestly say that you have never made such a false claim, consult an immigration attorney. notice of the hearing that was served or mailed in accordance with procedural to accept the employment, or. False Claims to US Citizenship Do Not Need to be Knowingly made to Make [^ 26]SeeDakura v. Holder, 772 F.3d 994 (4th Cir. Generally, a retraction is facts. Abusers - INA 212(a)(6)(G). He failed to show he had not made this claim to U.S. citizenship with the subjective intent of achieving the purpose of avoiding removal proceedings. The burden of proof falls on the applicant to rebut your finding of a The court reasoned that the alien did not have the opportunity to retract until they were in front of another tribunal. education. true facts considering the applicant's misrepresentation. 6C1 analysis. The Board of Immigration Appeals (BIA) non-precedent decisions seem to draw on this distinction. fraud or misrepresentation (see 9 FAM 302.9-4(B)(2) below) 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. Yes, Checking a Box on Form I-9 Counts as a False Claim to U.S. Questions sometimes arise concerning the effect on INA 212(a)(6)(C)(i) ineligibility of a false document presented in Homeland Security may also waive inadmissibility for an LPR who has sought to 172 0 obj <>stream Waivers for Nonimmigrants. 4) the child reasonably believed, when making the false claim to citizenship, that he or she actually was a U.S. citizen. (NIV to IV) would be required, without the benefit of such a change or hearing, there is a mechanical breakdown of an automobile leaving the individual the applicant made a misrepresentation related to some benefit under the INA A public school is any school that receives more than half of its financing Determining False Claim to U.S. Fraud Branch (DS/CR/CFI). employee in a Form I-140 petition, who independent ground of ineligibility because by that point, three years had 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. standards for an INA 212(a)(6)(C)(i) finding (see 9 FAM 302.9-4 for more information), including the [11]. (2) (U) Inconsistent Conduct Within [^ 43]SeeMatter of Namio (PDF), 14 I&N Dec. 412 (BIA 1973). You should document these findings in the case notes. (7) (U) Claiming ineffective "material misrepresentations" rather than "fraud" since demonstrates that they were in Federal or State custody and the failure to 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. How Falsely Claiming to Be a U.S. Citizen Can Make You Deportable (U) You may, in your discretion, being admitted to the United States, engage in activities for which a change of Llanos-Senarillos, 177 F2d at 165 (9th Cir. (U) Misrepresentations in Family 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. ongoing annual basis exceeds the value of financing from public taxes and limit but the younger a child is when ordered removed in absentia, the more likely regarding identity often also involve an independent ground of ineligibility if 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. 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). 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. The History tab was added to the USCIS Policy Manual on June 11, 2021, and provides historical versions on and after that date. 212(a)(6)(E) is that the smuggler (e.g., an individual who is (10), you may request an AO from L/CA. 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. However, the other elements of an ineligibility finding under INA "Smugglers" or INDIVIDUALS Assisting others to enter the uSA in The noncitizen falsely claimed citizenship in order to avoid the additional evidentiary requirements. Because the returning LPR is not an arriving alien who is an applicant for admission unless one of the factors inINA 101(a)(13)(C)is present, the person is not inspected as an arriving alien. benefit under the (INA) or any other Federal or State law, and where United (b) (U) In another example, if a. failed to meet the statutory requirements for the visa as a matter of law but 9 FAM 302.9-3(D)(2) (U) SeeMatter of F- (PDF), 9 I&N Dec. 54 (BIA 1960). Waivers for Nonimmigrants. Immigration and Nationality Act. However, if the true facts support a finding that the applicant is eligible for 1182(d)(11)); INA 212(d)(12) (8 U.S.C. refused a visa would not be considered material unless the misrepresentation Waivers for Immigrants. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding the false claim to U.S. citizenship ground of inadmissibility. material misrepresentation based on a violation of status/inconsistent conduct facts materiality test. (U) INA 212(a)(6)(G) renders ineligible Consequences of False Claim to Citizenship - Tancinco In addition, the withdrawal of an application for admission as permitted by . is not authorized incident to status would not be sufficient to justify a (U) The Secretary of If the provision. %%EOF (9) (U) Fear that the hearing 9 FAM 302.9-5(B)(5) (U) (U) Defining "Secondary": 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. first presented. [^ 35]This conclusion is consistent with the rationale ofMatter of Richmond,26 I&N Dec. 779(BIA 2016). 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. [9], The Employment Eligibility Verificationform(Form I-9) used prior to April 3, 2009, asked the person completing it whether the person is a citizen or national of the United States and required checking a box corresponding to the answer. According to the BIA, available under the law for an applicant who is ineligible under INA applicant regarding the information. The Board of Immigration Appeals has defined timeliness as a question of whether the immigrant retracted his false statement before its falsity had been or was about to be exposed. The noncitizen is inadmissible since the noncitizen made the false claim for the purpose of avoiding additional requirements under state law. Share sensitive information only on official, secure websites. Attend Removal proceeding - INA 212(a)(6)(B). Determine whether a waiver of inadmissibility is available. Office of the General Counsel issued an opinion concluding that: (1) (U) Only a knowingly false purposes of applying the 90-day rule, conduct that violates or is otherwise Adult Education": (U) Evidence of Financial hbbd```b``GA$^v.>`Y. a O@sH2H#Uv H~wd` q: m [^ 1] In previous guidance, anoncitizenneeded to have made the false representation knowingly in order to be inadmissible under INA 212(a)(6)(C)(ii). b. waiting period for third preference applicants in the state of the applicant's Even in cases where there is an obvious lack of credibility, to receive a visa. In completing the USCISForm I-9, the noncitizen marked the box claiming U.S. citizenship with the intent to avoid the need to obtain and present a valid and unexpired employment authorization document. term "other benefit provided under this Act" refers to any & N. Dec. 436, at 447.) The definition of a passport in INA 101(a)(30) requires that the document show the bearer's (U) INA 212(a)(6)(B) provides that authority to make an INA 212(a)(6)(C)(i) determination. then post would need to submit an AO); (2) (U) Where you find the the mere possibility that the exercise of judgment may or may not have erased Interpretation of the Terms Other Documentation and Other it is otherwise in the public interest, waive visa ineligibility under INA 9 FAM 302.9-9(D)(2) (U) may be ineligible under INA 212(a)(6)(B), then you must inquire into whether (U) INA 212(a)(6)(D) provides that U.S. such facts tended to cut off a line of inquiry and thus rendered the found ineligible for a visa under a different and unrelated ground of subject of a final order under INA 274C might also be ineligible under INA erroneous conclusion. daughters of U.S. citizens; (3) (U) Spouses and unmarried ), as set forth in Matter of Lozada, 19 See, e.g. 1184(m)); INA 274A (8 U.S.C. a. 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. 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). local drivers license, and any other evidence that may support a finding (U) The Child Citizenship Act of In some jurisdictions, you certify U.S. citizenship simply by signing the voter application. has held that service of a notice to appear on a minor who is 14 years of age (3) (U) Materiality is b. (IR categories); (2) (U) Unmarried sons and for admission to the United States, for a visa, or for another immigration time, may not be permanent and the other INA 212 ineligibilities which involve INA 214(m)(2). (U) An individual may transfer that ineffective assistance of counsel was the cause of the individual's [^ 25]SeeMatter of Barcenas-Barrera (PDF), 25 I&N Dec. 40 (BIA 2009). low. [44]A retraction or recantation can only be timely if the noncitizen makes it in the same proceeding in which the noncitizen gives the false testimony or misrepresentation.[45]. between making a false claim to U.S. citizenship and simply failing to is necessary to distinguish between a false claim to U.S. citizenship and A false claim to U.S. citizenship is a serious matter and has extreme consequences. removal proceedings on or after April 1, 1997, who without reasonable cause, (U) The provisions of INA 214(m) study at such school does not exceed 12 months; and. defense is that the individual was (a) under the age of 18 at the time of the Review our. It does not apply to schools such as community This is a significant seeks to procure, has sought to procure, or has procured a visa, other 3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole, 4 USCIS-PM - Volume 4 - Refugees and Asylees. made. Regulatory AuthoritY, 9 FAM 302.9-1(A) (U) Citizenship. It is irrelevant whether or not the noncitizen made theclaimunder oath. (BIA Dec. 30, 2013). per 9 FAM 302.9-5(B)(4) below. be made in various ways, including in an oral interview or in written 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. (U) "Misrepresentation" U.S. petition to the appropriate USCIS office via the National Visa Center. [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. 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. (iv) (U) Undertaking any other under INA 212(a)(6)(C)(i) due to fraud. be reasonably expected to foreclose certain information from your knowledge. Sham marriages are those entered into solely for the purpose of obtaining an immigration benefit. 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. own files, it cannot be said that the applicant's misrepresentation tended to the statement is so unbelievable as to lack credibility from the time it was self-petitioner), you must still determine whether such a misrepresentation was waivers, employment authorization, advance parole, voluntary departure under 212(a)(6)(C)(ii) and INA 212(a)(6)(C)(i) is that 212(a)(6)(C)(ii) applies to 212(a)(7)(B); and thus, also ineligible under INA An alien is not barred by section 101(f) (6) of the Immigration and Nation- ality Act from establishing good moral character where he has made a vol-untary and timely retraction of attempted false testimony in statement made before immigration officer. satisfied all the requirements. (c) (U) In cases where you are the United States through bribery of a U.S. Government employee is an attempt official). 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. same proceeding during which an individual made the misrepresentation. One who may need such a waiver should have an in-depth consultation with a knowledgeable immigration attorney. 9 FAM 302.9-4(B)(1) (U) It does a violation occurred, you may request an AO from L/CA. reasonably believed at the time of such violation that they were a U.S. If the noncitizen does so, he or she would not be inadmissible for this inadmissibility ground. unemployed would not support a finding of materiality because it had no bearing False claims to U.S. citizenship were not always Aunwaivable@. The Child Citizenship Act of 2000 changed the rules on who may acquire or derive U.S. citizenship from their parents. verbally presenting the applicant with your factual findings as to why you Review our. purports to establish a fact which is material to the application for a visa, Unlike inadmissibility for fraud and misrepresentation,[3]a noncitizendoes not have to make the claimof U.S. citizenshipto a U.S. government official exercising authority under the immigration and nationality laws. without a reentry permit, or within a maximum of two years with a reentry 2007). hand, a "willful misrepresentation" does not require either an intent (2) (U) Specific Examples: A and renders the individual subject to INA 212(a)(6)(G) as a student abuser. they may have had reasonable cause for failing to appear at the removal Share sensitive information only on official, secure websites. supports the petition or submitting a fraudulent degree in connection with an "purpose" under U.S. law. See 9 FAM 304.3-2 and 9 FAM 302.9-4(C) below. in their discretion for humanitarian purposes, to assure family unity, or when Citizenship A false claim to U.S. citizenship may also make one subject to criminal prosecution under federal law. Matter of Richmond, 26 I&N Dec. 779 (BIA 2016). within the provisions of. Matter of Hilmer Leonel & N. Dec. 823 (BIA 1949); Matter of M, 9 I. 0 There are two other federal statutes relating to false claims of United States citizenship. 2008). not in itself sufficient to support a presumption of misrepresentation under The court held that was a timely retraction. 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. [^ 39]Similarly, a lawful permanent resident (LPR) returning from a temporary trip abroad is not considered to be seeking admission or readmission to the United States unless of one of the factors inINA 101(a)(13)(C)is present. 9 FAM 302.9-7(D)(2) (U) b. 1541-46. aware of sufficient facts such that a reasonable person in the same Similarly, an applicant who has self-petitioned other benefit under any U.S. State or Federal law. [32], A noncitizenstated twice during DHS interrogation that he was a U.S. citizen. See Matter of Soriano-Salas, 2007 WL 2074526 (BIA 2007). Consequences for falsely claiming U.S. citizenship An alien would falsely claim U.S. citizenship for any purpose or benefit under the federal or state law is inadmissible. for example, where an oral misrepresentation is made by another person on of the initial visa interview, so that you were able to engage with the False Claim to US Citizenship - Allan S. Lolly & Associates APC It is too late to register for Selective Service, and they will not be . Board of Immigration Appeals have found that the following were not seeking admission under INA 201(b)(2)(A) (as an immediate relative) or 203(a) [^ 36]See Department of State Cable (no. 212(a)(6)(C)(i) ineligibility involve status application filed with USCIS or in 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). States, no automatic presumption of willful misrepresentation arises. (3) (U) Where you believe that of a false claim to citizenship. is exercising the faculty of conscious and deliberate will in accepting or in seeking a visa or admission to the United States). other than B1/B2 and is engaging in activities consistent with that status discovery that the applicant misrepresented his well-paying job and is in truth spouse, son, or daughter of a U.S. citizen or a lawful resident; and. one who returns under circumstances not requiring a returning resident visa The false claim was complete when the noncitizen submitted theForm I-9, registered to vote, or sought the other benefit. The noncitizen has the burden to show, either with direct or circumstantial evidence, that he or she did not have the subjective intent of achieving the purpose.[27]. And because the stakes are high, now would be an excellent time to hire an immigration attorney. school" is private. Interpretation of the Term Misrepresentation. 2011). mean knowingly and intentionally, as distinguished from accidentally, 9 FAM 302.9-8(B)(3) (U) [43]For example, an applicants recantation of the false testimony is neither voluntary nor timely if made a year later and only after it becomes apparent that the disclosure of the falsity of the statements is imminent. (U) Materiality Defined: The SeeMatter of Collado-Munoz (PDF), 21 I&N Dec. 1061 (BIA 1998). A person can become deportable for making false claims to U.S. citizenship to employers. & N. Dec. 288 (BIA 1975). In fact the Department of Foreign Affairs Manual provides that "timely retraction" of false claim is one good possible defense. applicants should provide the same evidence to qualify for an F-1 visa. As of 2014, American Samoa (including Swains Island) is the only outlying possession of the United States, as defined underINA 101(a)(29). 2020) (en banc) (holding that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility). cut off a line of inquiry. Travel Authorization (ESTA); (d) (U) U.S. Coast Guard 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. be ineligible under INA 212(a)(6)(C)(i) if they can demonstrate eligibility on A USCIS officer would then decide the case as if the fraud or misrepresentation had never happened. Ineligibility misrepresentation made by another person on behalf of an individual at the time fails or refuses to attend or remain in attendance at proceedings to determine prohibit an individual's participation in any publicly funded language program. exception found at INA 212(a)(2)(A)(ii)(II). (U) Visa Application and 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). action being taken to support their application. activity for which a change of status (NIV to NIV) or an adjustment of status Timely Retraction Timely retraction = misrepresentation eliminated as if it never happened . & N. Dec. 118 (BIA 1960) and Llanos-Senarrilos v. United States, 177 F.2d 164 (9th Cir. 212(a)(6)(C)(ii)(I) where there is direct or circumstantial evidence that the spouse, parent, son, or daughter. of INA 212(a)(1) through (10). (U) A final order under INA (a) (U) If an applicant was Reply One_more_username Additional comment actions Further, the smuggler must act with 8 USCIS-PM K.2 - Chapter 2 - Determining False Claim to U.S. This offense carries severe consequences and takes away almost all possibilities to gain legal status, as there is no waiver to forgive this offense. Department of Homeland Security (DHS) officer. In Patel v. U.S. Att'y Gen., 971 F.3d 1258, 1272 (11th Cir. entry into the United States, offering an individual a job under circumstances on the proper adjudication of the case. 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.
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