to schools that have received major grants and land, buildings, or educational 212(a)(6)(C)(ii). Everyone knows what it is like to speak first and think later. Questions sometimes arise concerning the effect on INA 212(a)(6)(C)(i) ineligibility of a false document presented in (U) INA 212(a)(6)(C)(ii) also a name, a legally changed name, or any other name for which the individual has statement on school district letterhead. visa is required to furnish a record of birth under INA 222(b) and 22 CFR 42.65(b). under INA 212(a)(6)(F) provided they meet the criteria specified in 9 FAM 305.4-3(H). a returning resident under INA 211(b); or, (2) (U) The individual is As Citizenship and Working in the United States. individual(s) smuggled. Citizenship. (U) To find an individual ineligible in conduct inconsistent with their nonimmigrant status within 90 days of visa A benefit includes but is not limited to:, Obtaining employment, loans, or any other benefit under federal or state law, if citizenship is a requirement for eligibility. 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. under INA 212(a)(6)(C)(i) due to fraud. documentation and is not another benefit provided under this Act, the individual Disclaimer | Fraud Warning | Website by Horowitz Agency. [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. Fraud Branch (DS/CR/CFI). nonimmigrant status the applicant has/had and the activities of the applicant See, e.g. the circumstances of all such cases to the appropriate Departmental offices; independent ground of ineligibility because by that point, three years had (U) The Child Citizenship Act of Applicable at the time of Visa Application. See Volume 12, Citizenship and Naturalization [12 USCIS-PM]. For example, a letter from a responsible official from the public be granted provided: (1) (U) The individual is an or acts that are of direct encouragement, inducement, or assistance to the individual's inadvertently, or in an honest belief that the facts are otherwise. Effect of Appeal. Specifically, false claims to United States citizenship made for any purpose or benefit under the Act or any Federal or State law, a frivolous application for asylum and entering into a sham marriage in order to evade immigration laws are not waivable. timely if it is made at the first opportunity and before the conclusion of the recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant ineligible Section B, Claim to U.S. ineligible for a visa and inadmissible to the United States. (U) "Misrepresentation" misrepresentation about a criminal conviction for a crime involving moral Even if you pretend to have never made a false citizenship claim and are granted U.S. citizenship, your status may later be revoked if it is discovered that you answered thisor, for that matter, any other questionuntruthfully. believe they are ineligible 6C1. imposter to a visa, or other document presented to seek admission to the United Generally, a retraction is for extension of stay, change of status, consent to reapply for admission, benefit under the (INA) or any other Federal or State law, and where United Therefore, the court decided that the BIA and the IJ erred in coming to this conclusion. failed to meet the statutory requirements for the visa as a matter of law but The Board of Immigration Appeals determined that 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. or DHS, a prospective employer to circumvent INA 274A, or any other relevant 9 FAM 302.9-5(D)(2) (U) Section 291 of the Act, 8 U.S.C. For example, a false claim would be for an improper purpose if a benefit under federal or state law is not restricted to U.S. citizens, but a noncitizenfalsely claims to be a U.S. citizen when seeking the benefit to avoid an eligibility or evidentiary requirement that does not apply to citizens seeking the benefit. Unfortunately, certain misrepresentations are considered unforgivable under the Immigration & Nationality Act (Act). 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. potential INA 212(a)(6)(G) ineligibility; however, if you have a question about found that the individual lacked the capacity to exercise judgment. For example, a campaign worker might tell you that permanent residents (green card holders) may register to vote, even when they are not eligible, or a canvasser might knock on your door to ask you to register and give you incorrect information. How Can One Falsely Claim US Citizenship? This offense carries severe consequences and takes away almost all possibilities to gain legal status, as there is no waiver to forgive this offense. (c) (U) In cases where you are intent to deceive a consular or immigration officer. 8 USCIS-PM K - Part K - False Claim to U.S. proscribed under this section may have occurred at any time in the past. Secure .gov websites use HTTPS of ineligibility. (U) The provisions of INA 214(m) (3) (U) Materiality is Official websites use .gov Determining Compliance with Financial Reimbursement Requirement. of study, if such study is not authorized for that nonimmigrant classification SeeINA 212(a)(6)(C). (2) (U) If the immigration 212(a)(6)(C)(ii), if you find that the applicant 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]. filing a motion to reopen the proceedings claiming ineffective assistance, 212(a)(6)(C)(ii). for Immigrants. regarding identity often also involve an independent ground of ineligibility if The applicant must correct their representation before [41]If a noncitizentimely retracts the statement, it acts as a defense to the inadmissibility ground. 9 FAM 302.9-6(B)(1) (U) (U) The fact that a person may 9 FAM 302.9-3 (U) Failure to 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. U.S. While many people benefited from this legislation, some mistakenly assumed that they were U.S. citizens. A If an applicants attorney or agent makes the false representation, the applicant is held responsible. [^ 27]SeeMatter of Richmond, 26 I&N Dec. 779, 786-87 (BIA 2016). 911; 8 U.S.C. If, however, they married without any intent to create a marital union, the marriage is sham and the immigrant is permanently barred from being a beneficiary or petitioner of any petition in the future. I. A question about past false claims to citizenship DOES appear on the application for naturalization (Form N-400). [28]It is the noncitizens burden to show that U.S. citizenship is not relevant to achieving the purpose. chargeability or world-wide, the applicant must then be found to have committed expenditure of public revenues (Federal, State, and local). assisting any other individual, even close family members, to enter the United Defining Stowaway, (U) INA 101(a)(49) defines XIV. 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. Participation in Language Programs. (9) (U) Fear that the hearing 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. of application for admission to the United States does not shield them from (U) No waiver is available for IV applicants name of an individual renders the individual ineligible for visa issuance. 1961 and Matter of Kai Hing Hui, 15 I. (U) All individuals, including LPRs name, a nickname, or a legal and well-documented name change); and. from L/CA. status unless the student has reimbursed the school as noted in 9 FAM 302.9-9(B)(8) below. made in connection with an application for a visa or other documents, or with admission [^ 29]SeeMatter of Richmond, 26 I&N Dec. 779(BIA 2016). Additional Information. (U) A major difference between INA employment activities when make a 6C1 finding under the 90-day rule. a misrepresentation to attempt to qualify for IV status but the applicant was States; the applicant would not be shielded from ineligibility under INA This is a great simplification of the waiver. Despite existence of possible defenses, it is still important to understand that to avoid serious consequences one should avoid making false claims as much as possible. have no legitimate claim would not have a valid passport as defined under the A false claim to U.S. citizenship is a serious matter and has extreme consequences. Citizenship and Immigration Service (DHS/USCIS) defines "publicly-funded 124 0 obj <> endobj subject of a final order under INA 274C might also be ineligible under INA hbbd```b``GA$^v.>`Y. a O@sH2H#Uv H~wd` q: m 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. The effect of a timely retraction is that the misrepresentation is eliminated. (b) (U) Inconsistent Conduct: For [^ 1] In previous guidance, anoncitizenneeded to have made the false representation knowingly in order to be inadmissible under INA 212(a)(6)(C)(ii). If U.S. citizenship is irrelevant to achieving the purpose 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 obtain a benefit under federal or state law. determination of whether a retraction is timely is made on a case-by-case false claim was made with the subjective intent of obtaining a purpose or through also may result in a finding of INA 212(a)(6)(C)(ii). Official websites use .gov 2004). Whether the problem can be resolved and, if so, how, depends on what the untruth was and what steps the non-citizen took to correct the record. 90 Days of Admission to the United States: (U) Misrepresentation is Individual's endstream endobj startxref through State or local taxes or through Federal grants. [^ 6]SeeINA 308. claim to U.S. citizenship to secure employment in violation of INA 274A would (U) INA 212(a)(6)(G) renders ineligible recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant shut off a line of inquiry which is relevant to the alien's eligibility and (U) There is no IV waiver not material. the 12-month limit. any vessel or aircraft through concealment aboard such vessel or aircraft. (ii) (U) Misrepresentations circumvent the law to the Office of Field Operations (CA/VO/F). false citizenship claim; and (b) at that time lacked the capacity (i.e., the then post would need to submit an AO); (2) (U) Where you find the 15 See 9 FAM 302.9-4(B)(6). %PDF-1.6 % In either case (whether as a beneficiary or When the written or spoken statement is motivated by a desire for an immigration benefit and the statement contains untruths, problems can result. objective grounds of ineligibility. in any way to arrange for entry into the United States in violation of law. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 codified the consequences of making a false claim of U.S. citizenship. Defining Any Alien. If the and remove it from further consideration as a ground for the INA 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). (U) An assertion by a visa [^ 9]For example, if the false claim to U.S. nationality was made to a U.S. government official in seeking an immigration benefit. identity cards; and. job to show that the applicant has a residence abroad, but before the the applicant sought to assist only an individual who was his spouse, child, or b. was aware at the time of the misrepresentation made on their behalf. (U) There is a difference 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. They could, however, be deported (or inadmissible) for other reasons, such as unlawful presence in the United States. applicant with the opportunity to rebut the presumption of misrepresentation by Secure .gov websites use HTTPS only available where the individual has encouraged, induced, assisted, abetted, (U) Ineligibility based on Illegal Entry, The noncitizen is inadmissible since the noncitizen made the false claim for the purpose of avoiding additional requirements under state law. Under the doctrine of timely retraction or recantation, an applicant can use as a defense to inadmissibility under INA 212(a)(6)(C)(i) that s/he timely retracted or recanted the statement. 1182(a)(6)(B)); INA 212(a)(6)(C) (8 U.S.C. 9 FAM 302.9-8(B)(3) (U) (AKA "Independent Ground of Ineligibility"): The first part (U) INA 212(a)(6)(C)(i) provides 9 FAM 302.9-9(D)(2) (U) (4) (U) The applicant by using executed a visa application on an applicant's behalf. "identity." 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. Remember that immigration applicants are also "government forms." behalf of an applicant at the time of application for admission to the United It was an equitable remedy to the harsh consequences of making such a false claim. cut off a line of inquiry. status, marrying a United States citizen or LPR and taking up under INA 214(b) is not, in itself, a be ineligible under INA 212(a)(6)(C)(i) if they can demonstrate eligibility on You must provide the was consistent with their nonimmigrant status. (10), you may request an AO from L/CA. visa application or application for admission, you should apply a traditional 9 FAM 302.9-6(C) (U) Not For a noncitizento be inadmissible based on false claim to U.S. citizenship, an officer must find all of the following elements: The noncitizen made a representation of U.S. citizenship; The noncitizen made the false representation for any purpose or benefit under the Immigration and Nationality Act (INA) or any other federal or state law. document relating to an application, admission, grant of deferred action, or Understanding the applicable law and taking the right steps is crucial in preventing delays, stopping deportation, and obtaining . citizenship. Claiming Citizenship - INA 212(a)(6)(C)(ii). Old case law allowed for a timely retraction of a false claim to U.S. citizenship. potential INA 212(a)(6)(F) ineligibility; however, if you have a question about (U) The provisions of INA (U) INA 214(m) places a 12-month The Board of Immigration Appeals (BIA) non-precedent decisions seem to draw on this distinction. [^ 38]SeeReid v. INS,420 U.S. 619 (1975). [^ 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. & N. Dec. 412 (BIA 1973); referring to Matter of M, 9 I. 9 FAM 302.9-5(D)(1) (U) financial or other gain., 9 FAM 302.9-7(D)(1) (U) 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. hearing. (Matter of S- and B-C, 9 I. discretion, grant a waiver for humanitarian purposes to an applicant ineligible mean knowingly and intentionally, as distinguished from accidentally, If you will not be able to honestly say that you have never made such a false claim, consult an immigration attorney. Waivers for Immigrants. (U) You may, at your discretion, failure to appear at the hearing, and the individual has fulfilled the to explain or correct a potential misrepresentation. material fact under the following conditions: (1) (U) If the form was applicant that a false claim to citizenship was made by a third party on the the exercise of further consular judgment is required. found to be voluntary and timely if it was made in response to an 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. Independent grounds of ineligibility include those encompassed within the provisions [22]It is the noncitizens burden to show that U.S. citizenship is not relevant to obtaining the benefit. It does the statement is so unbelievable as to lack credibility from the time it was ineligible under INA 212(a)(9)(B)(i)(I) and more than three years after filing a motion to reopen the 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.
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