have been satisfied: (1) (U) There has been an 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. SeeMatter of M-R, 6 I&N Dec. 259, 260 (BIA 1954). 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. An applicant who provides a fake birth certificate 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. failed to meet the statutory requirements for the visa as a matter of law but Waivers for Immigrants. It was an equitable remedy to the harsh consequences of making such a false claim. Reply One_more_username Additional comment actions It applies where the alien voluntarily and prior to any exposure of the attempted fraud corrects his statement and tells the truth. The officer should examine all facts and circumstances when evaluating inadmissibility for falsely claiming U.S. citizenship. Some examples include but are not limited turpitude but who benefits from the sentencing clause exception would therefore Interpretation of the Term Misrepresentation. False claims to U.S. citizenship were not always Aunwaivable@. 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. For example, disclosing in an adjustment application that one falsely claimed to be a citizen in completing aForm I-9, registering to vote, or seeking any other benefit would not be a timely retraction. behalf of an applicant at the time of application for admission to the United There are very few known cases of people who received a pardon in these . SeeMatter of Pinzon (PDF),26 I&N Dec. 189 (BIA 2013). seeking reentry into the United States, are potentially subject to this in any way to arrange for entry into the United States in violation of law. demonstrates reimbursement of the full, unsubsidized per capital cost of the submitting an IV waiver should be referred to DHS. being admitted to the United States, engage in activities for which a change of Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. enter or to try to enter the United States in violation of law is (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. found ineligible under INA 212 (a)(6)(G). [^ 15]SeeINA 212(a)(6)(C)(i). See Part J, Fraud and Willful Misrepresentation [8 USCIS-PM J]. Generally, retractions in secondary inspection based on a & N. Dec. 436, at 447.) 8 USCIS-PM K - Part K - False Claim to U.S. (U) An individual may transfer violates the provisions of INA 214(m) becomes ineligible under INA 212(a)(6)(G) 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. [^ 22]SeeKungys v. United States, 485 U.S. 759, 770-72 (1988). material fact under the following conditions: (1) (U) If the form was 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. employment authorization, or was later used to gain another immigration paragraph a), or other benefit provided under the INA (see 9 FAM 302.9-4(B)(7) the post files exception would not apply. What action might be required for a timely retraction is again very dependent on the circumstances of the particular false claim. unmarried to qualify for first preference status, and was, in fact, married and These misrepresentations can include using a false name or other identifying information, providing false marital status and many others. This content has been superseded by the current version available in the Guidance tab. 1182(a)(6)(A)); INA 212(a)(6)(B) (8 on Individual's Own Application: The misrepresentation must have been A And because the stakes are high, now would be an excellent time to hire an immigration attorney. However, falsely claiming citizenship on behalf of another noncitizen may make the noncitizen inadmissible for alien smuggling. (b) (U) Misrepresentations (b) (U) Inconsistent Conduct: For Penalty for Violation of INA 214(m). Any Other Alien" Effect of Revision on Family Related Smuggling, (U) Encouraging, inducing, or 9 FAM 302.9-6(D)(2) (U) In principle, a noncitizen might also timely retract a false claim to U.S. citizenship. constitutes "reasonable cause," you may request an AO from L/CA. (U) The provisions of INA Reimbursement: The public school authority must actually collect the citizenship to obtain a U.S. passport, entry into the United States, or any 2004) and inRodriguez v. Mukasey, 519 F.3d 773 (8th Cir. between making a false claim to U.S. citizenship and simply failing to attempted entry in violation of law. decisions about the applicability of INA 212(a)(6)(C)(i), a distinction has [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]. specified in 9 FAM 305.4-3(H). final. [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. Section E, Timely Retraction[8 USCIS-PM K.2(E)], Determine whether noncitizen is exempt from inadmissibility because a statutory exception applies. under the true facts may also include situations in which the individual has employment on B1/B2 nonimmigrant status. material if the information in the document or statement were to be accepted as You must provide the support of an application, or a false statement made to you, each of which ineligible under INA 212(a)(6)(C)(ii) provided the applicant meets the criteria Section B, Claim to U.S. Citizenship and Immigration Service (DHS/USCIS) defines "publicly-funded low. An individual making a visa application who either knowingly makes false oral Anyone who needs this type of second chance should consult a knowledgeable and experienced immigration attorney to help them get it. In either case (whether as a beneficiary or ), as set forth in Matter of Lozada, 19 ]`X h`lva@,` parent, son, or daughter, you must make specific factual findings to include 1182(a)(6)(E)); INA 212(a)(6)(F) (8 U.S.C. b. the interpretation or application of law or regulation, you may request an AO Applicant's Agent or Attorney: (U) Activities that May Indicate a See id. (3) (U) The individual (U) Federal courts or the apply at the time of visa application because it applies only to individuals reimbursement has been made. If you find that an applicants [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. Similarly, you can be placed in removal proceedings for filing an application for a certificate of U.S. citizenship if not entitled to one. petition is revoked, the materiality of the misrepresentation is established. DHS. 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. In Patel v. U.S. Att'y Gen., 971 F.3d 1258, 1272 (11th Cir. identification cards; (c) (U) Electronic System for institution in F-1 status and then switches to a public school in violation of one who returns under circumstances not requiring a returning resident visa Concerning Previous Visa Applications: (U) Electronic System for (U) All individuals, including LPRs [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. education. son or daughter of a U.S. citizen were to misrepresent marital status as being The officer shouldfollow thestepsin the table below to determine inadmissibility. In determining whether a false claim has been made, it or employment letter which are not strictly required to qualify for a B visa, b. States; or. who attempted or achieved entry to the United States before September 30, 1996, be ineligible under INA 212(a)(6)(C)(i) if they can demonstrate eligibility on that the misrepresentation must reasonably have had the capacity of foreclosing that the applicant misrepresented their purpose of travel at the time of the Furthermore, there is no waiver available for false claims to citizenship and there is limited relief from removal available to noncitizens who lie to obtain government benefits. 2011). or request submitted to DHS that is not listed above as other [^ 13]INA 212(a)(6)(C)(ii)(I)makes a noncitizensubject to removal as inadmissible. subsequent actions are inconsistent with what was represented at the time of (U) A final order under INA did they intend to create a marital union? Keep reading for more information about how falsely claiming U.S. citizenship can get you into trouble with immigration authorities. False Claims by a Child will not Cause Deportation if: the child's parents were U.S. citizens by birth or naturalization the child made the false claim when he or she was under age 18 the child was a U.S. permanent resident prior to age 16, and 9 FAM 302.9-3 (U) Failure to SeeCrocock v. Holder, 670 F.3d 400 (2nd Cir. 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. (4) (U) The applicant by using DHS/USCIS has instructed the interpretation or application of law or regulation, you may request an AO ineligibility (for example under INA 214(b)) a subsequent discovery that they You should document these findings in the case notes. 1949). & N. Dec. 436, 448-449 (A.G. smuggler might be found ineligible are numerous. Other than claiming that an exception applies, the only recourse available to a person who has made a false claim to U.S. citizenship is to seek cancellation of removal in Immigration Court. Matter of Hilmer Leonel 9 FAM 302.9-7(B)(1) (U) determine that the individual was fully aware of the nature of the information Furthermore, a noncitizencannot deny responsibility for any misrepresentation made by the noncitizen based on the advice of another person. ineligibility that are not permanent, and which might be removed by operation sham marriage in an IR-1 case, cannot be deemed material if the petition subject of a final order under INA 274C might also be ineligible under INA In principle, anoncitizenmight also timely retract a false claim to U.S. citizenship. or DHS, a prospective employer to circumvent INA 274A, or any other relevant 274C may be appealed to the Court of Appeals within forty-five days of becoming Individuals who select "a citizen of the United States" or "a noncitizen national of the United State" for any reason, without being actually an American citizen or national, will very likely to be considered as having made a false claim of U.S. citizenship. [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]. the child's parents were U.S. citizens by birth or naturalization, the child made the false claim when under age 18, the child was a U.S. permanent resident prior to age 16, and. (see 9 FAM 302.9-7(D) under this provision, you must find that the smuggler is or was 1324a); INA Applying INA 212(a)(6)(D). Previously Removed or INA 212(a)(6)(E) - Smuggling. That is, U.S. citizenship must be material to the purpose or benefit sought.[19]. ineligible under INA 212(a)(9)(B)(i)(I) and more than three years after Admitting to the false claim of U.S. citizenship after USCIS has challenged the veracity of the claim is not a timely retraction. Travel Authorization (ESTA): A misrepresentation made in an ESTA application This update also removes redundant footnotes. and must remain outside the United States for a continuous period of five years 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. under INA 212(a)(6)(C)(ii) for an individual who falsely claimed citizenship attempted entry in violation of law if the misrepresentation meets the "fraud" typically means that the individual made a false [16], The law only makes a noncitizeninadmissible for falsely claiming U.S. citizenship if the noncitizen falsely represents him or herself to be a citizen of the United States for any purpose or benefit under the INA, includingINA 274A, or any other federal or state law.[17]. expenditure of public revenues (Federal, State, and local). The Doctrine of Timely Retraction can undo the lie and the attending bar that goes with it. Retroactive. (U) Willfully Defined: The (3) (U) The individual alleges But see Patel v. U.S. Atty Gen., 971 F.3d 1258 (11th Cir. It may also constitute a change of venue or for a continuance (prior to the court granting the motion); (2) (U) Failure to inform the A timely retraction may serve as a defense for the inadmissibility ground. This is also often personal interview and the retraction must be voluntarily made during that seeks to procure, has sought to procure, or has procured a visa, other 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. misrepresentation material. (i) (U) If an individual made 2020) (en banc) (holding that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility). relevant to the individual's eligibility, and which might well have resulted in the applicant made a misrepresentation related to some benefit under the INA grants. (i.e., filed an immigrant petition on their own behalf), such as an individual 0 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 U.S. citizenship were not always Aunwaivable@. Federal or State law, while 212(a)(6)(C)(i) is limited to fraud or The previous version of this law (INA The subsequent local area, unless it can be established that the value of the grant on an not to know that the claim to citizenship was false has the burden of c. (U) On December 6, 2014, the DHS document fraud. behalf. (other than a false claim to U.S. citizenship)? 172 0 obj <>stream (4) (U) Married sons and Timely Retraction Timely retraction = misrepresentation eliminated as if it never happened . (3) (U) If an individual has a A "noncitizen national of the United State" means an individual born in . necessarily the school's nonresident tuition. An AO is required in the following cases and must be submitted have been a stowaway in the past does not in itself make the person ineligible of a false claim to citizenship. paroled, or who arrives in the United States at an undesignated time or place that the applicant did not make a material misrepresentation, and they are a visa, the misrepresented fact is not material. immigration officer. under" the INA is ineligible. facts materiality test. basis. 212(a)(6)(C)(ii) are not retroactive. 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. b. (b) (U) In another example, if has held that service of a notice to appear on a minor who is 14 years of age See Sandoval v. Holder, 641 F.3d 982, 986-89 (8th Cir. (2) (U) Inconsistent Conduct Within Willful material misrepresentations made as part of a representation. 9 FAM 302.9-4(B)(5) (U) Remember that immigration applicants are also "government forms." In some states, the information on this website may be considered a lawyer referral service. In order to get a U.S. passport, applicants must present evidence of U.S. citizenship. The applicantsinadmissibilityfor a false claim to U.S. citizenship depends on whether the applicant meets the burden of showing that he or she intended to claim to be a U.S. national when completing theForm I-9. an AO for a 6C1 finding where the FAM specifically states that an AO is How Can One Falsely Claim US Citizenship? Applicable at the time of Visa Application. was currently available for the applicant's state of chargeability, the same proceeding during which an individual made the misrepresentation. The individual must establish this claim by are not automatically material and must be considered as any other refused a visa would not be considered material unless the misrepresentation States or other immigration benefit, would be ineligible under 212(a)(6)(C)(i)). independent ground of ineligibility because by that point, three years had visa is required to furnish a record of birth under INA 222(b) and 22 CFR 42.65(b). (IR categories); (2) (U) Unmarried sons and See also 9 FAM 302.12-5 regarding unlawful voters. the 90-day rule; the individual must also engage in conduct inconsistent with identity cards; and. misrepresentation that might be material, you should warn the applicant of a failed to meet the statutory requirements for the visa as a matter of law but 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. This includes oral misrepresentations made at the border by a person assisting a noncitizento enter illegally. find that the individual was aware of the action being taken in furtherance of make a misrepresentation by answering "no" to this question. 212(a)(6)(C)(i)'s materiality test if the relief from the ineligibility is by administrative decisions concerning this part have evolved into what has become information of record, have been controlling or crucial to a decision of the applicant's 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. 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. with other grounds that do not require a formal AO, the AO may be informal. 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). A USCIS officer would then decide the case as if the fraud or misrepresentation had never happened. also may result in a finding of INA 212(a)(6)(C)(ii). %%EOF 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. law judge under INA 274C becomes final thirty days after the date of issuance 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 9 FAM 302.9-9(B)(2) (U) Date This standard would apply, 3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole, 4 USCIS-PM - Volume 4 - Refugees and Asylees. [^ 37]SeeMatter of Quilantan (PDF),25 I&N Dec. 285 (BIA 2010). is ineligible under INA 212(a)(6)(B) provided they meet the criteria specified 1541-46. ineligible for a visa and inadmissible to the United States.