The historical versions are provided for research and reference purposes only. b. other benefit under any U.S. State or Federal law. If CBP believes the person is a U.S. citizen or national, CBP cannot prevent the persons return to the United States. recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant
distinct things. (f) (U) Other documents that
The form contains boxes for the employee to check showing eligibility to work. found ineligible under INA 212 (a)(6)(G). (U) Differentiation Between
visa interview, the information was not "readily available" and thus
an AO for a 6C1 finding where the FAM specifically states that an AO is
97-State-174342) (September 17, 1997). The majority of circuit courts and the Board treat a noncitizen who has been inspected and allowed to enter as someone who has been admitted even if the admission was gained through fraud, misrepresentation or the use of false documents. Section C, Claim Made On or After September 30, 1996[8 USCIS-PM K.2(C)]. persons determined by an administrative law judge to have been involved in
(U) Inconsistent Conduct Within
ineligible under INA 212(a)(6)(E) provided they meet the criteria specified in 9 FAM 305.4-3(H). until such time as it is overturned. The noncitizen has the burden to show, either with direct or circumstantial evidence, that he or she did not have the subjective intent of obtaining the benefit.[20]. %%EOF
This includes oral misrepresentations made at the border by a person assisting a noncitizento enter illegally. entered on the student's Form I-20, Certificate of Eligibility for Nonimmigrant
1182(i)); INA 214(m) (8 U.S.C. second part of the Attorney General's definition refers to a
have been a stowaway in the past does not in itself make the person ineligible
Share sensitive information only on official, secure websites. See Volume 12, Citizenship and Naturalization [12 USCIS-PM]. d. (U) Misrepresentation Must be Made
law judge under INA 274C becomes final thirty days after the date of issuance
See Volume 7, Adjustment of Status, Part B, 245(a) Adjustment, Chapter 2, Eligibility Requirements, Section A, Inspected and Admitted or Inspected and Paroled [7 USCIS-PM B.2(A)(2)]. mean knowingly and intentionally, as distinguished from accidentally,
212(a)(6)(D). To sustain a finding of
[^ 14]The date this inadmissibility ground became effective. SeeMatter of S-,9 I&N Dec. 599 (PDF)(BIA 1962). timely if it is made at the first opportunity and before the conclusion of the
9 FAM 302.9-9(B)(7) (U)
SeeINA 309. States, no automatic presumption of willful misrepresentation arises. Whether U.S. citizenship actually affects or matters to the purpose is determined objectively. (U) Defining "Secondary":
Waivers for False Claims to Citizenship - Hoppock Law Firm on an adult with responsibility for the minor. 212(a)(6)(C)(ii.) You must provide the
admission to the United States would result in extreme hardship to the U.S.
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. Generally, retractions in secondary inspection based on a
or written statements or knowingly provides fraudulent documents on behalf of any
[^ 28]SeeKungys v. United States, 485 U.S. 759, 770-72 (1988). be ineligible for a visa for the same conduct. submitting an IV waiver should be referred to DHS. Reimbursement: (U) Lack of Evidence of Financial
passenger who boards with a valid ticket is not to be considered a
or employment letter which are not strictly required to qualify for a B visa,
under the true facts may also include situations in which the individual has
For example, a letter from a responsible official from the public
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. ongoing annual basis exceeds the value of financing from public taxes and
Citizenship with a reentry permit). intent to deceive a consular or immigration officer. endstream
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[^ 10]InAteka v. Ashcroft, 384 F.3d 954 (8th Cir. a. employment authorization, or was later used to gain another immigration
However, you should not accept estimates that are unrealistically
(U) Defining
For example, an applicant for an immigrant
Like INA
Citizenship as was the case there. [^ 30]SeeMatter of Pinzon (PDF), 26 I&N Dec. 189 (BIA 2013). (U) The provisions of INA 214(m)
States citizenship actually affects or matters to the purpose or benefit
(U) INA 212(a)(6)(F) renders
To find remaining AFM content, see the crosswalk (PDF, 350.49 KB)between the AFM and the Policy Manual. constitutes "reasonable cause," you may request an AO from L/CA. generally involve an "affirmative act of assistance," that is, an act
applications, or by submitting evidence containing false information. If the noncitizen does so, he or she would not be inadmissible for this inadmissibility ground. 212(a)(6)(C)(i), INA 212(a)(6)(C)(ii) applies
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. stating that you are U.S. citizen in order to obtain any other benefit for which U.S. citizenship is required. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 codified the consequences of making a false claim of U.S. citizenship. hXn6}IEYd#\2$%M3bCc&9gds #\ys !D*}@QkF 30:hqo2=TD> For example, an applicant who credibly
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. 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. The trouble is, an immigration judge could find that a non-LPR who made an intentional false claim to citizenship lacks good moral character. (1) (U) In General: The
The issuance of a final order under this section in the
waivers, employment authorization, advance parole, voluntary departure under
]`X h`lva@,` PDF Matter of M- [^ 43]SeeMatter of Namio (PDF), 14 I&N Dec. 412 (BIA 1973). returning to the United States under the conditions found in INA 211(b), i.e.,
As mentioned above, the second part of the Attorney General's definition refers
false claims to U.S. citizenship on or after September 30, 1996. 212(a)(31)) which was interpreted to exclude actions on behalf of close family
There are very few known cases of people who received a pardon in these . while in unlawful status, or before November 30, 1996, does not count against
Benefit. Therefore, this section deals principally with
In some states, the information on this website may be considered a lawyer referral service. They are, however, ineligible under 212(a)(6)(C)(i),
executed a visa application on an applicant's behalf. This technical update to Volume 8 modifies several footnotes to note the divergence from the Board of Immigration Appeals (BIA)s decision in Matter of Richmond,26 I&N Dec. 779, 787 (BIA 2016) in the Eleventh Circuit. 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. violates the provisions of INA 214(m) becomes ineligible under INA 212(a)(6)(G)
(iv) (U) Undertaking any other
(U) All individuals, including LPRs
A .gov website belongs to an official government organization in the United States. The key issue here is the intent of the parties at the time they entered into the marriage; i.e. 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. & N. Dec. 637 (B.I.A. the AO, describe the form submitted to DHS by the visa applicant and the nature
petition to the appropriate USCIS office via the National Visa Center. 212(a)(9)(B)(i)(I). volunteer information. determined in the context of the individual case as to whether the
(U) 22 CFR 40.61; 22 CFR 40.62; 22
requirements. 9 FAM 302.9-8(D)(2) (U)
the material facts disclose a situation wherein the individual is actually
to explain or correct a potential misrepresentation. Waivers for Nonimmigrants. [^ 9]For example, if the false claim to U.S. nationality was made to a U.S. government official in seeking an immigration benefit. (U) INA 212(a)(6)(G) renders ineligible
visa applicant, including a family member, it would only be considered an
If the false claim was unintentional, and all other requirements are met, cancellation of removal might be a good option. 2012). unauthorized employment, such as those permissible under 9 FAM 402.2-5(E), and you should clarify an applicant's
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). Waivers for Nonimmigrants. 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. Once an insurance company renders an "unequivocal denial," 1 the time for tolling a claim . [^ 38]SeeReid v. INS,420 U.S. 619 (1975). (6) (U) Failure to receive
Therefore, the noncitizen was inadmissible for falsely claiming U.S. Further, the representation
For this reason, a noncitizen must be extremely careful when applying for any type of application that inquires about citizenship status, especially loans that involve federal funds, such as FHA loans. In some jurisdictions, you certify U.S. citizenship simply by signing the voter application. available to you through consular systems, or through reference to the post's
proceeding. In previous years, the immigrant was eligible for a waiver. ", 9 FAM 302.9-6(B)(2) (U)
public secondary schools. that ineffective assistance of counsel was the cause of the individual's
A false claim to
[^ 7]SeeU.S. Constitution, amend. (U) Ineligible Under the True Facts
the interpretation or application of law or regulation, you may request an AO
A public school is any school that receives more than half of its financing
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. 124 0 obj
<>
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9 FAM 302.9-6(C) (U) Not
Arizona immigration lawyer Explains the Consequences of Falsely Claim U Further, a retraction or recantation of a false claim to U.S. citizenship is only timely if the noncitizen makes it in the same proceeding in which he or she made the false claim. False Claim to US Citizenship - BCA Law Firm in Atlanta, GA misrepresentation that might be material, you should warn the applicant of a
9 FAM 302.9-4(B)(8) (U)
(ii) (U) For example, if the
Officers should confer with local counsel if adjudicating a case in the EleventhCircuit that involves inadmissibility based on a false claim to U.S. citizenship. "misrepresentation which tends to shut off a line of inquiry which is
misrepresentation in or before primary inspection at a port of entry would not
sought and knowingly, intentionally, and deliberately made an untrue statement
Matter of Richmond, 26 I&N Dec. 779 (BIA 2016). Re: USCIS Policy Manual, Volume 8: Admissibility, Part K False Claim to (U) The Child Citizenship Act of
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). (2) (U) As another example, INA 212(a)(2)(A)(i)(I) has the sentencing clause
Reasonable cause is defined as something that is not within the
Timely Retraction: Getting a Second Chance | Reeves A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. of ineligibility. Petition Being Filed on Your Behalf: (U) On December 6, 2014, the DHS
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. Silence or the failure to volunteer
If the information became known after the
may be ineligible under INA 212(a)(6)(B), then you must inquire into whether
Applicants aged 26 to 31, however, are in a more difficult position if they've forgotten to register. documentation" mentioned in the text of INA 212(a)(6)(C)(i) refers to any
& N. Dec. 288 (BIA 1975). U.S.C. As
& N. Dec. 823 (BIA 1949); see Matter of Namio, 14 I. Non-adherence to these requirements automatically voids the individual's visa
(U) You may, in your discretion,
212(a)(6)(C)(i) may not be present unless and until the individual applies for
be considered timely. b. and that even if she made a false claim to U.S. citizenship, she made a timely retraction. 274C may be appealed to the Court of Appeals within forty-five days of becoming
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. that the applicant did not make a material misrepresentation, and they are
A false claim to U.S. citizenship may also make one subject to criminal prosecution under federal law. This update also removes redundant footnotes. Waivers for Nonimmigrants. the ground of ineligibility); (b) (U) The fact in question is
nonimmigrant status the applicant has/had and the activities of the applicant
or older at the time of service is effective and is not a basis for reopening
considered regarding the possible application of INA 212(a)(6)(E). This decision only applies to cases within the jurisdiction of the Eleventh Circuit, which covers Georgia, Alabama, and Florida. Effect of Appeal. failure to appear at the hearing, and the individual has fulfilled the
A
any individual who at any
a. (b) (U) In another example, if
citizenship. truthful, you may consider that the document or statement "tends" to
See In re Jose Manuel Isabel Diaz
Which Might Have Resulted in a Proper Determination of Exclusion: (U) Misrepresentations in Family
In addition, the withdrawal of an application for admission as permitted by . of financial reimbursement under INA 221(g). Misrepresentation and Failure to Volunteer Information: (U) Misrepresentation Must Have
limit on attendance at public secondary schools while in F-1 status. 1361; Matter ofSkirball Cultural Ctr., 25 I&N Dec. 799,806 (AAO 2012). 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. (e) (U) U.S. passports (which
[^ 6]SeeINA 308. consular officer, a member of posts Locally Employed Staff, or an
Looking for U.S. government information and services? The word "tends" as used in "tended to cut off a line of
calculation. Department of Homeland Security (DHS) officer. 212(d)(11) is only available to IV applicants in the following categories: (1) (U) Immediate relatives
(5) (U) Application of Phrase
and "willfully misrepresenting a material fact," which are two
This is a great simplification of the waiver. (12) (U) The need to care for
Citizenship Ground of Inadmissibility and Matter of Zhang, Technical Update - Replacing the Term Foreign National, POLICY ALERT - False Claim to U.S. misrepresentation was made because someone else advised the action unless it is
a. (i.e., filed an immigrant petition on their own behalf), such as an individual
b. standards for an INA 212(a)(6)(C)(i) finding (see 9 FAM 302.9-4 for more information), including the
Applicant's Agent or Attorney: (U) Activities that May Indicate a
to attend a hearing for which the individual has received notice. The previous version of this law (INA
False Claims to US Citizenship, Immigration Inadmissibility, Waiver requirement for classification and, thus, may be ineligible under the true
212(a)(6)(E) is that the smuggler (e.g., an individual who is
The applicant bears
9 FAM 302.9-2 (U) Present Without
It is very serious to be charged with making a false claim to citizenship. the interpretation or application of law or regulation, such as what
in their discretion for humanitarian purposes, to assure family unity, or when
9 FAM 302.9-5(B)(4) (U) False
You must not issue an F-1 visa if the proposed length of
and beyond doubt). A retraction can only be timely if the alien comes to the same proceedings that he or she falsely claimed to be a U.S. citizen. under INA 212(a)(6)(C)(i) due to fraud. The term purpose includes avoiding negative legal consequences. but which, in the case of the document, is so poorly crafted, or in the case of
misrepresentation is now directly relevant to the current visa case. such a change or adjustment of status. 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. a. first presented. engaged in a misrepresentation that created the appearance that they had
potential INA 212(a)(6)(B) ineligibility; however, if you have a question about
under circumstances not requiring a returning resident visa (within one year
The applicant must establish to your satisfaction
or request submitted to DHS that is not listed above as other
The noncitizen falsely claimed citizenship in order to avoid the additional evidentiary requirements. (Matter of S- and B-C, 9 I. are not automatically material and must be considered as any other
liability for misrepresentations, if you find that they were aware of the
DHS. corroborating evidence of the circumstance: (2) (U) While on the way to a
The law states that, "Any alien who falsely represents, or has falsely represented himself or herself to be a citizen of the United States for any purpose or benefit under this Act or any other Federal or State law is inadmissible." 9 FAM 302.9-9(B)(5) (U)
(7) (U) Claiming ineffective
thus qualified for only third preference consideration, and the third preference
In either case (whether as a beneficiary or
some measure of judgment on the part of the consular or immigration officer. make a misrepresentation by answering "no" to this question. [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. failed to meet the statutory requirements for the visa as a matter of law but
with other grounds that do not require a formal AO, the AO may be informal. that, had you known the truth, a visa refusal would not properly have been
9 FAM 302.9-7(B)(1) (U)
(U) "Misrepresentation"
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]. applicable at the time of visa application because it applies only to individuals
Citizenship Ground of Inadmissibility, To protect your privacy, please do not include any personal information in your feedback. (4) (U) The individual
274A) or other Federal or State law." interview. Keep reading for more information about how falsely claiming U.S. citizenship can get you into trouble with immigration authorities. filing a motion to reopen the proceedings claiming ineffective assistance,
documentation, or admission into the United States or some other benefit provided
INA 212(a)(7)(B) makes ineligible any individual not in
Simply filing for a change of status or adjustment of status is
Fortunately, the answer is yes. such facts tended to cut off a line of inquiry and thus rendered the
stranded and unable to arrive on time to the hearing. Citizenship, F. Timely Retraction. a proper determination that they be inadmissible." 1101(a)(49)); INA 212(a)(6)(A) (8 U.S.C. On the other
(U) INA 212(a)(6)(C)(ii) does not
[^ 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. own files, it cannot be said that the applicant's misrepresentation tended to
DHS/USCIS has instructed
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). (AKA "Independent Ground of Ineligibility"): Ineligibility
Admitting to the false claim of U.S. citizenship after USCIS has challenged the veracity of the claim is not a timely retraction. spouse, son, or daughter of a U.S. citizen or a lawful resident; and. Form I-130 petition or the intended
rendered by an administrative law judge or by a court, for immigration related
required. the fraud was believed and acted upon is a higher legal standard. 212(a)(6)(C)(ii) and INA 212(a)(6)(C)(i) is that 212(a)(6)(C)(ii) applies to
9 Fam 302.9 (U) Ineligibility Based on Illegal Entry, Misrepresentation If the applicant has personally appeared and been interviewed, the
visa application or application for admission, you should apply a traditional
8 USCIS-PM K.2 - Chapter 2 - Determining False Claim to U.S. that the applicant misrepresented their purpose of travel at the time of the
shut off a line of inquiry which is relevant to the alien's eligibility and
MISREPRESENTATION and Other Immigration Violations - INA 212(a)(6), (CT:VISA-1694; 02-06-2023)
specific retraction. [^ 19]SeeMatter of Richmond,26 I&N Dec. 779, 787 (BIA 2016) (holding that the United States citizenship must actually affect or matter to the purpose or benefit sought). However, the respondent's case presents a different issue and does . (U) INA 212(a)(6)(C)(i) provides
[^ 45]SeeLlanos-Senarrilos v. United States, 177 F.2d 164, 165 (9th Cir. Matter ofJunYun ZHANG,Respondent - United States Department of Justice