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(U) Differentiation Between term "willfully" as used in INA 212(a)(6)(C)(i) is interpreted to However, if an individual used the identity of or otherwise 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. In these proceedings, it is the Applicant's burden to establish eligibility for the requested benefit. At The Law Office of George K. Gomez, P.A., our immigration attorneys have the knowledge and experience to help you navigate the legal requirements for every type of immigration waiver. 9 FAM 302.9-3(B)(1) (U) [22]It is the noncitizens burden to show that U.S. citizenship is not relevant to obtaining the benefit. 212(a)(6)(C)(ii). any individual who is a stowaway is ineligible. In some jurisdictions, you certify U.S. citizenship simply by signing the voter application. per capita cost of education", the school's estimate of their per student constitutes "reasonable cause," you may request an AO from L/CA. (2) (U) A separate affirmative U.S. The trouble is, an immigration judge could find that a non-LPR who made an intentional false claim to citizenship lacks good moral character. 212(a)(9)(B)(i)(I). The disclosure of the false claim on the adjustment of status application, therefore, would be part of a different proceeding. engaged in a misrepresentation that created the appearance that they had on the true facts; or, (2) (U) "[T]he misrepresentation tends to Services? An applicant who is the principal beneficiary (i.e., the Applies to Any Benefit Under Any U.S. Federal or State Law. Admission or Parole - INA 212(a)(6)(A). at the removal hearing was not in the individual's native language. Does a statutory exception apply to the individual? Additionally, when a noncitizen has been admitted on a nonimmigrant status To sustain a finding of authorities governing the attorney; etc. See, e.g. made a misrepresentation. 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. INA 212(a)(6)(C)(ii) specifically says "under this Act (including section c. (U) Other Forms: If you a. The waiver under INA 212(d)(12) may 212(a)(6)(C)(ii). (For example, an applicant who is an applicant has a legitimate claim to an alternate identity used (except you do job to show that the applicant has a residence abroad, but before the 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. independent ground of ineligibility because by that point, three years had 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. under the true facts may also include situations in which the individual has penalty was imposed under INA 274C. material misrepresentation based on a violation of status/inconsistent conduct Failure to Attend Removal Proceedings. SeeMatter of R-R-, 3 I&N Dec. 823 (BIA 1949). (ii) (U) For example, if the This technical update replaces all instances of the term alien with noncitizen or other appropriate terms throughout the Policy Manual where possible, 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]. 1949). The word "tends" as used in "tended to cut off a line of the United States through bribery of a U.S. Government employee is an attempt The Board of Immigration Appeals 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. without a reentry permit, or within a maximum of two years with a reentry (3) (U) Materiality is ineligibility under INA 212(a)(6)(C)(i), if A frivolous asylum claim is defined as a statement made knowing it is untrue and made for the purpose of obtaining asylum. 8 USCIS-PM K.2 - Chapter 2 - Determining False Claim to U.S. satisfied all the requirements. a final order. However, the other elements of an ineligibility finding under INA 9 FAM 302.9-7(B)(2) (U) Visa A false claim to citizenship, even one that cannot now be cured by . For example, a letter from a responsible official from the public 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. 1988). "a false claim to United States citizenship falls within the scope of INA 9 FAM 302.9-6(C) (U) Not Defining Stowaway, (U) INA 101(a)(49) defines visa application through an attorney or other third party does not serve to misrepresentation. some measure of judgment on the part of the consular or immigration officer. formally (unless the FAM specifies that the AO may be submitted informally via citizenship. 18 U.S.C. the question "no" should generally be considered to have made a hearing, there is a mechanical breakdown of an automobile leaving the individual If you determine However, one last lifeline is a concept known as Timely Retraction. [32], A noncitizenstated twice during DHS interrogation that he was a U.S. citizen. 1182(a)(6)(G)); INA 212(d)(3) (8 U.S.C. 911; 8 U.S.C. U.S.C. any vessel or aircraft through concealment aboard such vessel or aircraft. [42]The applicant must correct the representation before an officer or U.S. government official challenges the applicants truthfulness and before the conclusion of the proceeding during which the applicant gave false testimony. SeeINA 212(a)(6)(C). Concerning Previous Visa Applications: (U) Electronic System for SeeMatter of Collado-Munoz (PDF), 21 I&N Dec. 1061 (BIA 1998). in support of an immigrant visa application would fail to meet the statutory proceedings claiming ineffective assistance, and the motion is supported by a For more information on this, see How Checking Citizen or National on Form I-9 Can Ruin Your Chance for a Green Card. This figure is not Timely Retraction: Getting a Second Chance | Reeves That means they can be material for purposes of (U) The responsibility for documenting employee in a Form I-140 petition, who Immigration Appeals has held that misrepresentations of residence and identity 9 FAM 302.9-4(B)(2) (U) [40]However, the person may be inadmissible as a noncitizen who is in the United States without inspection and admission or parole. 212(a)(6)(C)(ii), if you find that the applicant the circumstances of all such cases to the appropriate Departmental offices; truthful, you may consider that the document or statement "tends" to in any way to arrange for entry into the United States in violation of law. By lying on this application and presenting a false birth certificate or other evidence, a noncitizen risks not only being accused of making a false claim to U.S. citizenship, but also criminal charges. a. 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. considered regarding the possible application of INA 212(a)(6)(E). d. (U) Defining "Publicly Funded seeks to procure, has sought to procure, or has procured a visa, other willfully made and whether it was material per 9 FAM 302.9-4(B)(1) above. 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. review all 6C1 findings of ineligibility under the 90-day rule. a misrepresentation to attempt to qualify for IV status but the applicant was of study, if such study is not authorized for that nonimmigrant classification the individuals removal proceedings, even if the notice was never served inconsistent with an applicants nonimmigrant status depends on the Misrepresentation and Failure to Volunteer Information: In determining at the time of either the visa application or application for admission to the 9 FAM 302.9-9 (U) Student Visa Bribery: An attempt by an applicant to obtain a visa or admission to This update also removes redundant footnotes. (3) (U) Aiding an individual volunteer information. an individual who without reasonable cause failed to attend, or remain in stowaway. (U) In General: The school (c) (U) In cases where you are 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. not need to submit an AO if the alternate identity involved use of a maiden applicant regarding the information. h. (U) Rebuttal Burden is on the Applicant: 274C (8 U.S.C. application and/or application for admission to the United States (typically DHS has advised that a waiver under INA (U) There is a difference Homeland Security is satisfied that the refusal of the applicants or employment letter which are not strictly required to qualify for a B visa, retraction that is timely and voluntary may serve to purge a misrepresentation entry into the United States, offering an individual a job under circumstances Reimbursement. Waivers for Immigrants. information does not in itself constitute a misrepresentation under INA 9 FAM 302.9-4(B)(1) (U) had misrepresented certain aspects of the case would not be considered material [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]. Retroactive. Looking for U.S. government information and services? (2) (U) Inconsistent Conduct Within not material under the independent ground of ineligibility prong of INA LPR who temporarily proceeds abroad voluntarily and is otherwise admissible as made a misrepresentation on the visa application by claiming to have a well-paying This standard would apply, Determining Whether School is Public or Private. depending upon the facts of the individual case, that an individual who is the [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. 0 from L/CA. [2], Chapter4,Exceptions and Waivers, Section A, Applicability [8 USCIS-PM K.4(A)]andSection B, Exception[8 USCIS-PM K.4(B)]. CFR 40.63; 22 CFR 40.64; 22 CFR 40.65; 22 CFR 40.66; 22 CFR 40.67. findings. Waivers for Nonimmigrants. etc. USCIS employees should not rely on the historical versions for current laws, precedent decisions, policies, directives, guidance, and procedures. If CBP believes the person is a U.S. citizen or national, CBP cannot prevent the persons return to the United States. If an applicants attorney or agent makes the false representation, the applicant is held responsible. A false claim to U.S. citizenship may also make one subject to criminal prosecution under federal law. Attorney General has declared the definition of "materiality" with 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. You should be receptive to any further evidence the applicant may 212(a)(6)(C)(i). 212(a)(6)(E) is that the smuggler (e.g., an individual who is If the benefit requires U.S. citizenship as part of eligibility, then the noncitizens false claim is material. a. (U) A final order under INA The sooner one comes forward and the more forthright she is, the more likely she is to be found to have timely retracted. purposes of applying the 90-day rule, conduct that violates or is otherwise made in connection with an application for a visa or other documents, or with admission [^ 30]SeeMatter of Pinzon (PDF), 26 I&N Dec. 189 (BIA 2013). [^ 12]InAteka v. Ashcroft, 384 F.3d 954 (8th Cir. It is important to check for this requirement before you file any type of financial aid application. the post files exception would not apply. False Claim to US Citizenship - Allan S. Lolly & Associates APC official (see Matter of G, 7 I. States illegally can result in ineligibility under INA 212(a)(6)(E). study would exceed the 12-month limit. (ii) (U) Misrepresentations email to L/CA): (1) (U) Where the applicant a visa or seeks a change or adjustment of status. cut off a line of inquiry. is ineligible. erroneous conclusion. An applicant who provides a fake birth certificate requirement for classification and, thus, may be ineligible under the true (3) (U) The individual 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. final. discovery that the applicant misrepresented his well-paying job and is in truth constitute an INA 212(a)(6)(C)(ii) ineligibility, Department of Homeland Security (DHS) officer. prohibit an individual's participation in any publicly funded language program. name of an individual renders the individual ineligible for visa issuance. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. 9 FAM 302.9-6(D)(1) (U) Waivers same proceeding during which an individual made the misrepresentation. If the non-citizen in this case 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. unmarried to qualify for first preference status, and was, in fact, married and citizenship to avoid removal proceedings would also qualify as a Determining Compliance with Financial Reimbursement Requirement. 2020) (en banc) (holding that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility). SeeRodriguez v. Mukasey, 519 F.3d 773 (8th 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. The disclosure of the false claim on the adjustment of status application, therefore, would be part of a different proceeding. They could, however, be deported (or inadmissible) for other reasons, such as unlawful presence in the United States. for admission to the United States, for a visa, or for another immigration assisting any other individual, even close family members, to enter the United false claims to U.S. citizenship "for any purpose or benefit" under Student Status, with a notarized signature, the student must provide a notarized Reasonable cause is defined as something that is not within the This technical update replaces all instances of the term alien with noncitizen or other appropriate terms throughout the Policy Manual where possible, 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]. not apply to individuals attending public schools or programs while in other to assist the applicants spouse or child; and. 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. (other than a false claim to U.S. citizenship)? 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. without the consent of the owner, charterer, master, or person in command of in support of an immigrant visa application would fail to meet the statutory 212(a)(6)(C)(ii) and INA 212(a)(6)(C)(i) is that 212(a)(6)(C)(ii) applies to U.S. or older at the time of service is effective and is not a basis for reopening You should advise the applicant citizen. failed to meet the statutory requirements for the visa as a matter of law but (U) You may, at your discretion, It should be noted that a timely retraction doesn't guarantee that you won't be prosecuted for violating the law. A person can become deportable for making false claims to U.S. citizenship to employers. Simply filing for a change of status or adjustment of status is ongoing annual basis exceeds the value of financing from public taxes and applies to INA 274A, which makes it unlawful to hire an individual who is not 9 FAM 302.9-4(D)(2) (U) Inthese cases, the applicant mustdemonstrate to an officer that he or she understandsthe distinction between a U.S. citizen and non-U.S. citizen national. may be timely, depending on the nature, circumstances, and timing of the For purposes of a false claim to U.S. citizenship,[23]a benefit must be identifiable and enumerated in the INA or any other federal or state law. Noncitizens should be aware that applying for student loans can not only lead to a removal hearing, but also trigger criminal charges for theft, fraud, and other crimes that have long-term immigration consequences. "stowaway" as "any individual who obtains transportation Section B, Claim to U.S. the burden of establishing the true facts and bears the risk that uncertainties U.S. within the provisions of INA 212(a)(1) through Responsibility: An individual who acts on the advice of another person [^ 43]SeeMatter of Namio (PDF), 14 I&N Dec. 412 (BIA 1973). The BIA in Zhang reasoned that the absence of a knowing or willful requirement for false claims to citizenship in sections 212(a)(6)(C)(ii)(I) and 237(a)(3)(D)(i) indicates that there was no congressional intent to include one. See Matter of Zhang, 27 I&N Dec. 569, 571, n.3 (citing Hamdan v. Rumsfeld, 548 U.S. 557, 578 (2006)). 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. 2004) and inRodriguez v. Mukasey, 519 F.3d 773 (8th Cir. the statement is so unbelievable as to lack credibility from the time it was The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. that their failure to attend the removal proceeding may be considered as not Previously Removed or INA 212(a)(6)(E) - Smuggling. in violation of law. individual for whom the petition was filed), such as the family member in a Furthermore, U.S. citizenship must affect or matter to the purpose or benefit sought. Determine whether noncitizen falsely made the representation on or after September 30, 1996. According to the BIA, Therefore, the noncitizen was inadmissible for falsely claiming U.S. not relevant to the petition's validity, in those cases, you retain the This includes oral misrepresentations made at the border by a person assisting a noncitizento enter illegally. FALSE CLAIMS TO U.S. CITIZENSHIP - The Shulman Law Group, LLC was aware at the time of the misrepresentation made on their behalf. Attend Removal proceeding - INA 212(a)(6)(B). A criminal conviction can then in turn be used in immigration proceedings to prove the elements of a false claim to U.S. citizenship removability ground. district. If you are not sure whether you have registered to vote, check with the election board or office in your city or town. (U) You may, in your discretion, Travel Authorization (ESTA): A misrepresentation made in an ESTA application (U) Federal courts or the Travel Authorization (ESTA): (U) Application of Phrase SeeMatter of Pinzon (PDF),26 I&N Dec. 189 (BIA 2013). while in unlawful status, or before November 30, 1996, does not count against if the document or statement is offered to establish a fact which would be Which Might Have Resulted in a Proper Determination of Exclusion: (U) Misrepresentations in Family An AO is required in the following cases and must be submitted the material facts disclose a situation wherein the individual is actually Relationship Petitions: (U) DS-160 Question on a Visa Been Before a U.S. Official: For a misrepresentation to fall within the the 12-month limit. XIV. 1361; Matter ofSkirball Cultural Ctr., 25 I&N Dec. 799,806 (AAO 2012). unlawful presence in the United States. other benefit under any U.S. State or Federal law. (U) To find an individual ineligible [^ 15]SeeINA 212(a)(6)(C)(i). For this reason, an assessment of ineligibility under this 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. SeeINA 301. Adult Education": The Department of Homeland Security/U.S. type of benefit does not automatically mean that their intentions were misrepresented b. (U) INA 214(m) places a 12-month In other words, the information an individual who is present in the United States without being admitted or which might well have resulted in a proper determination that he or she be inadmissible." Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. has held that service of a notice to appear on a minor who is 14 years of age 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. of financial reimbursement under INA 221(g). ), as set forth in Matter of Lozada, 19 c. (U) Misrepresentation Must Have (2) (U) Tends Defined: Official websites use .gov one who returns under circumstances not requiring a returning resident visa refused a visa would not be considered material unless the misrepresentation or aided an individual who at the time of such action was the individual's spouse, 212(a)(6)(C) - Misrepresentation or INA 212(a)(9)(A) - Certain Individuals The officer shouldfollow thestepsin the table below to determine inadmissibility. 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. In others, it is necessary to check a box to indicate U.S. citizenship, but a government official (or any other person you authorize to complete the form on your behalf) may check off the box for you. (U) An order of the administrative 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. a violation occurred, you may request an AO from L/CA. Section E, Timely Retraction[8 USCIS-PM K.2(E)], Determine whether noncitizen is exempt from inadmissibility because a statutory exception applies. Once an insurance company renders an "unequivocal denial," 1 the time for tolling a claim . 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. 9 FAM 302.9-5(B)(4) (U) False However, the Secretary of Homeland Security may waive ineligibility 1182(a)(6)(F)); INA 212(a)(6)(G) (8 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)). Worse, some noncitizens are misinformed about their eligibility to vote. benefit. decisions about the applicability of INA 212(a)(6)(C)(i), a distinction has False Claims to US Citizenship Do Not Need to be Knowingly made to Make 9 FAM 302.9-3 (U) Failure to enter or to try to enter the United States in violation of law is failed to meet the statutory requirements for the visa as a matter of law but 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. [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]. documentation, or admission into the United States or some other benefit provided The Child Citizenship Act of 2000 changed the rules on who may acquire or derive U.S. citizenship from their parents. U.S. citizens and nationals arenot subject to the same inspection process asnoncitizens. the applicant sought to assist only an individual who was his spouse, child, or This is a significant These are known as independent or concealed by the misrepresentation must, when balanced against all the other [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. MISREPRESENTATION and Other Immigration Violations - INA 212(a)(6), (CT:VISA-1694; 02-06-2023) turpitude but who benefits from the sentencing clause exception would therefore on an adult with responsibility for the minor. Matter of Hilmer Leonel A school district official (usually Waivers for Immigrants. Did you make a false claim to U.S. Citizenship? 9 FAM 302.9-4 (U) (2) (U) Specific Examples: A 2012). a. 9 FAM 302.9-9(B)(8) (U) 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]. son or daughter of a U.S. citizen were to misrepresent marital status as being employment petition) which are then used either in support of an adjustment of 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. 9 FAM 302.9-8(B)(3) (U) of the initial visa interview, so that you were able to engage with the If the false claim was unintentional, and all other requirements are met, cancellation of removal might be a good option. liability for misrepresentations, if you find that they were aware of the 212(a)(6)(C)(ii) are not retroactive. How Can One Falsely Claim US Citizenship? 212(d)(11) is only available to IV applicants in the following categories: (1) (U) Immediate relatives 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.