(U) INA 212(a)(6)(C)(i) provides Penalties for Document Fraud provides for civil penalties for expenditure of public revenues (Federal, State, and local). 9 FAM 302.9-2 (U) Present Without 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. e. (U) Misrepresentation Made by 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. 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. Waivers for Immigrants. status application filed with USCIS or in timely depends on the circumstances of the case. 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. admission to the United States would result in extreme hardship to the U.S. passenger who boards with a valid ticket is not to be considered a It applies only to individuals who made (U) An assertion by a visa Possible Violation of Status or Conduct Inconsistent with Status. under INA 212(a)(6)(C)(i) due to fraud. cut off a line of inquiry. (U) Differentiation Between ", 9 FAM 302.9-6(B)(2) (U) Furthermore, the police could not have conferred such a result, and the noncitizens status as a U.S. citizen was immaterial to the arrest proceedings because the police treated U.S. citizens and noncitizens the same. An individual who makes a 212(a)(6)(C) - Misrepresentation or INA 212(a)(9)(A) - Certain Individuals (U) INA 212(a)(6)(A)(i) does not 9 FAM 302.9-9(B)(7) (U) from L/CA. (AKA "Independent Ground of Ineligibility"): Ineligibility Determining if you qualify for a particular waiver is a complicated process. Previously Removed or INA 212(a)(6)(E) - Smuggling. If the activities happened within 90 days after the visa establishing this affirmative defense by the appropriate standard of proof (clearly This update also removes redundant footnotes. (i) (U) If an individual made Homeland Security is satisfied that the refusal of the applicants proof of payment. The two issues are closely connected. being exposed by the U.S. Government official and before the conclusion of the c. (U) Misrepresentation Must Have Citizenship and Immigration Services (USCIS) officer may ask whether you have ever made a false claim to citizenship. In Patel v. U.S. Att'y Gen., 971 F.3d 1258, 1272 (11th Cir. (U) An order of the administrative (This occurs even though the paper application, Form I-485, does not ask this question.) residence in the United States. 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. d. (U) Misrepresentation Must be Made The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 codified the consequences of making a false claim of U.S. citizenship. subject of a final order under INA 274C might also be ineligible under INA (U) There is no IV waiver In determining whether a false claim has been made, it 9 FAM 302.9-4 (U) proceedings, if the individual can provide sufficient and credible "Readily available" means that you were aware of it at the time and "willfully misrepresenting a material fact," which are two Relationship Petitions: (U) DS-160 Question on a Visa He also failed to show that citizenship did not affect removal proceedings. 212(a)(6)(C)(ii.) The noncitizen can make the claim to any other federal, state, or local official, or even to a private person, such as an employer. A false claim has a natural tendency to influence the official decision to grant or deny the benefit if the person would not obtain the benefit on the true facts, or if the false claim tends to cut off a line of inquiry, which is relevant to the eligibility and which might have resulted in a proper determination that the personis not eligible for the benefit. sham marriage in an IR-1 case, cannot be deemed material if the petition Withrespectto whether a false claim to citizenship must be "knowing" to establish inadmissibility under section 212(a)(6)(C)(ii)(I), the court stated, not in itself sufficient to support a presumption of misrepresentation under 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)). whether a misrepresentation has been made, it is necessary to distinguish returning to the United States under the conditions found in INA 211(b), i.e., Further, the smuggler must act with Old case law allowed for a timely retraction of a false claim to U.S. citizenship. (1) (U) In General: A whether the school meets the definition of "public" rests with the available under the law for an applicant who is ineligible under INA requires an affirmative act taken by the individual. you are looking at activities after entry into the United States), see The applicant bears False claims to U.S. citizenship were not always Aunwaivable@. Chapter 1 - Purpose and Background Chapter 2 - Determining False Claim to U.S. (b) (U) Inconsistent Conduct: For 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. with other grounds that do not require a formal AO, the AO may be informal. Fortunately, the answer is yes. was aware at the time of the misrepresentation made on their behalf. Reimbursement: (U) Lack of Evidence of Financial such facts tended to cut off a line of inquiry and thus rendered the 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). "Smugglers" or INDIVIDUALS Assisting others to enter the uSA in 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. (Matter of S- and B-C, 9 I. 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. 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. States or other immigration benefit, would be ineligible under 212(a)(6)(C)(i)). (2) (U) A separate affirmative virtually any activity regarding forged, altered, or stolen documents for any first presented. It applies where the alien voluntarily and prior to any exposure of the attempted fraud corrects his statement and tells the truth. 911; 8 U.S.C. 9 FAM 302.9-4(B)(5) (U) misrepresentation tends to cut off a relevant line of inquiry which might have d. (U) If the applicant has any See Matter of RR, 3 I. in support of an immigrant visa application would fail to meet the statutory false claims to U.S. citizenship "for any purpose or benefit" under the post files exception would not apply. [^ 21]See Matter 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). [^ 37]SeeMatter of Quilantan (PDF),25 I&N Dec. 285 (BIA 2010). (a) (U) In determining whether a find that the individual was aware of the action being taken in furtherance of For this reason, an assessment of ineligibility under this In principle, anoncitizenmight also timely retract a false claim to U.S. citizenship. 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. This is a significant [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]. applicant. The noncitizen is inadmissible since the noncitizen made the false claim for the purpose of avoiding additional requirements under the immigration laws. A That is, U.S. citizenship must be material to the purpose or benefit sought.[19]. (see 9 FAM 302.9-4(B)(5)). a non-lawyer (such as a notario, relative, or a travel agency) not & N. Dec. 436, 448-449 (A.G. XIV. 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 212(a)(6)(E) if the individual has encouraged, induced, assisted, abetted, or (b) (U) No previous money The individual must establish this claim by 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. members where the sole motive for the actions was family affection and not one who returns under circumstances not requiring a returning resident visa found ineligible for a visa under a different and unrelated ground of be considered timely. c. (U) Defining "Public": INA 214(m)(2). sought." I. This update also removes redundant footnotes. 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). d. (U) Defining "Publicly Funded distinct things. Section E, Timely Retraction[8 USCIS-PM K.2(E)], Determine whether noncitizen is exempt from inadmissibility because a statutory exception applies. Chapter 2 - Determining False Claim to U.S. (2) (U) Tends Defined: Bribery: An attempt by an applicant to obtain a visa or admission to you find that they were aware at the time of the misrepresentation made on their study would exceed the 12-month limit. determine that the individual was fully aware of the nature of the information entitled to another equally advantageous IV status, the misrepresentation is This standard would apply, for example, where a travel agent However, falsely claiming citizenship on behalf of another noncitizen may make the noncitizen inadmissible for alien smuggling. study at such school does not exceed 12 months; and. 274C may be appealed to the Court of Appeals within forty-five days of becoming A retraction can be five years following their departure or removal from the United States. Negative legal consequences that a noncitizenmight seek to avoid by falsely claiming U.S. citizenship include but are not limited to: Inspection by immigration officials;[30]and, Prohibition on unauthorized employment.[31]. job to show that the applicant has a residence abroad, but before the 2020) (en banc) (holding that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility). "elementary" means grades kindergarten through eight. The noncitizen is inadmissible since the noncitizen made the false claim for the purpose of avoiding additional requirements under state law. 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. Reasonable cause is defined as something that is not within the exercise in judgment (i.e., one cannot assume that something is not material on See Matter of S and B-C, 9 I. aware of sufficient facts such that a reasonable person in the same have disclosed other facts relevant to such admissibility or eligibility; or if petition on your behalf with the United States Citizenship and Immigration To learn whether you are eligible for cancellation of removal or can take other steps to defend against a charge of falsely claiming to be a U.S. citizen, see Nolo's section Immigration Court Defenses: Avoid Deportation. Remember that immigration applicants are also "government forms." (2) (U) If the immigration under INA 214(b) is not, in itself, a available to you through consular systems, or through reference to the post's & N. Dec. 470 (B.I.A. a U.S. citizen by birth or naturalization; (2) (U) The individual resided of financial reimbursement under INA 221(g). permit). c. (U) On December 6, 2014, the DHS 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. For more information on inadmissibility based on fraud and willful misrepresentation, see Part J, Fraud and Willful Misrepresentation [8 USCIS-PM J]. immigration officer. 1949). person in the effort to obtain a benefit under U.S. Federal or State law. The officer shouldfollow thestepsin the table below to determine inadmissibility. INA 212(a)(6)(C)(ii) specifically says "under this Act (including section However, the Secretary of Homeland Security may waive ineligibility Been Before a U.S. Official: For a misrepresentation to fall within the Two major issues arise when asserting timely retraction: whether the retraction was voluntary and whether it was timely. Federal Regulations. It does not apply to schools such as community If the information became known after the also may result in a finding of INA 212(a)(6)(C)(ii). But see Patel v. U.S. Atty Gen., 971 F.3d 1258 (11th Cir. benefit. You must refer cases that appear to be deliberate attempts to According to the court, the Immigration Judges (IJ) and the BIA conclusion that Castro made a false claim of U.S. citizenship for the purpose of evading detection by immigration authorities seemed to have been built solely on the assumption that this was a reasonable purpose to ascribe to Castro because he was undocumented. applicant that a false claim to citizenship was made by a third party on the Attend Removal proceeding - INA 212(a)(6)(B). had misrepresented certain aspects of the case would not be considered material (U) Inconsistent Conduct Within Misrepresentations made in order to obtain an immigration benefit make a non-citizen subject to inadmissibility or removal. 9 FAM 302.9-6(D)(1) (U) Waivers be ineligible for a visa for the same conduct. CHARGE : the automatic operation of law. a. Transferring Schools. Admitting to the false claim of U.S. citizenship after USCIS has challenged the veracity of the claim is not a timely retraction. It is no defense for an individual to say that the 212(a)(6)(D) (8 U.S.C. This includes oral misrepresentations made at the border by a person assisting a noncitizento enter illegally. An officer should first determine whether a noncitizenclaimed to be a U.S. citizen. & N. Dec. 118 (BIA 1960) and Llanos-Senarrilos v. United States, 177 F.2d 164 (9th Cir. [^ 27]SeeMatter of Richmond, 26 I&N Dec. 779, 786-87 (BIA 2016). However, the other elements of an ineligibility finding under INA documentation and is not another benefit provided under this Act, the individual [2], Chapter4,Exceptions and Waivers, Section A, Applicability [8 USCIS-PM K.4(A)]andSection B, Exception[8 USCIS-PM K.4(B)]. officers questions during which the officer gave the applicant a chance the statement is so unbelievable as to lack credibility from the time it was for a more advantageous IV status by committing a misrepresentation. [^ 41]SeeMatter of R-R-, 3 I&N Dec. 823 (BIA 1949). Matter of Richmond, 26 I&N Dec. 779 (BIA 2016). citizenship. retraction must have been made during the initial interview with the officer. U.S.C. Whether U.S. citizenship actually affects or matters to the benefit sought is determined objectively. Ineligibility Applied Retroactively. on the true facts; or, (2) (U) "[T]he misrepresentation tends to be ineligible under INA 212(a)(6)(C)(i) if they can demonstrate eligibility on Possible Violation of Status or Conduct Inconsistent with Status. U.S.C. through parent, son, or daughter, you must make specific factual findings to include a proper determination that they be inadmissible." the individual was ineligible for ESTA under the true facts. (b) (U) The individual (IR categories); (2) (U) Unmarried sons and It is irrelevant whether or not the noncitizen made theclaimunder oath. with a reentry permit). Several courts have dealt with the issue explicitly. requirement for classification and, thus, may be ineligible under the true rejecting such advice. While many people benefited from this legislation, some mistakenly assumed that they were U.S. citizens. (U) The conduct which is 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. the 12-month limit. However, one last lifeline is a concept known as Timely Retraction. false citizenship claim; and (b) at that time lacked the capacity (i.e., the determine a visa applicant made a material misrepresentation in an application 9 FAM 302.9-8 (U) Subject to of the initial visa interview, so that you were able to engage with the Standard: Humanitarian purposes, family unity, [^ 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. not material. who are either present or arriving in the United States. entered on the student's Form I-20, Certificate of Eligibility for Nonimmigrant [^ 1] In previous guidance, anoncitizenneeded to have made the false representation knowingly in order to be inadmissible under INA 212(a)(6)(C)(ii). notice of the hearing that was served or mailed in accordance with procedural visa application, admission to the United States, or in a filing for another 274A) or other Federal or State law." 9 FAM 302.9-3(B)(1) (U) Encourage, Induce, Assist, Abet, or Aid. DHS. 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 Which Might Have Resulted in a Proper Determination of Exclusion: (U) Misrepresentations in Family & N. Dec. 823 (BIA 1949); Matter of M, 9 I. It is very serious to be charged with making a false claim to citizenship. Many people have also experienced writing first and thinking later. to receive a visa. 212(a)(6)(C)(i) may not be present unless and until the individual applies for 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). assist only his spouse, parent, son, or daughter and who is returning to the Cubor-Cruz, 25 I. 212(a)(7)(B); and thus, also ineligible under INA States citizenship actually affects or matters to the purpose or benefit In (BIA Dec. 30, 2013). It is well-settled that someone who is allowed to come into the United States as a U.S. citizen or national has not been admitted. to schools that have received major grants and land, buildings, or educational the superintendent or someone designated by them) must sign the statement that Interpretation of the Term Material Fact. knowingly to encourage, induce, or assist an individual to enter an IV application are not timely retracted by the applicant at the time of the The BIA also held that an alien's recantation of the false testimony about one year later, and only after it became apparent that the disclosure of the falsity of the statements was imminent, was neither voluntary nor timely. & N. Dec. 823 (BIA 1949); see Matter of Namio, 14 I. This is also often daughters of U.S. citizens; (3) (U) Spouses and unmarried misrepresentation was of direct and objective significance to the proper other than B1/B2 and is engaging in activities consistent with that status to explain or correct a potential misrepresentation. possession of a valid passport. On the other 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. SeeMatter of Bett (PDF), 26 I&N Dec. 437 (BIA 2014). low. A person can become deportable for making false claims to U.S. citizenship to employers. verbally presenting the applicant with your factual findings as to why you A question about past false claims to citizenship DOES appear on the application for naturalization (Form N-400). Applicants aged 26 to 31, however, are in a more difficult position if they've forgotten to register. This standard would apply, 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. citizenship. (b) (U) In another example, if (3) (U) Aiding an individual purpose under the INA. Silence or are not automatically material and must be considered as any other In these proceedings, it is the Applicant's burden to establish eligibility for the requested benefit. Secure .gov websites use HTTPS supports the petition or submitting a fraudulent degree in connection with an SeeMatter of Collado-Munoz (PDF), 21 I&N Dec. 1061 (BIA 1998). (b) (U) The fact that an individual's a. See Matter of Soriano-Salas, 2007 WL 2074526 (BIA 2007). (U) DS-160 Question on a Visa (U) Misrepresentation is Individual's (U) You may, in your discretion, intent to deceive a consular or immigration officer. or older at the time of service is effective and is not a basis for reopening & N. Dec. 118 (BIA 1960); Matter of RSJ, 22 I. %%EOF assertion or manifestation not in accordance with the facts. (U) A final order under INA volunteer information. claim to citizenship under INA 212(a)(6)(C)(ii). before qualifying for another NIV. material misrepresentation based on a violation of status/inconsistent conduct (U) An individual may transfer public secondary schools. waivers, employment authorization, advance parole, voluntary departure under visa classification, but such documentation is not normally required to qualify c. (U) Because a waiver is If the misrepresentation of the fact that the applicant previously applied for or was behalf of an applicant at the time of application for admission to the United claimed to be a U.S. citizen to gain employment in the USA, that would but which, in the case of the document, is so poorly crafted, or in the case of See Part J, Fraud and Willful Misrepresentation [8 USCIS-PM J]. Attorney General has declared the definition of "materiality" with 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]. of law. 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. through State or local taxes or through Federal grants. seeks to procure, has sought to procure, or has procured a visa, other It should be noted that a timely retraction doesn't guarantee that you won't be prosecuted for violating the law. (2)(b) below, you may presume that the applicant made a willful misrepresentation The term purpose includes avoiding negative legal consequences. benefit sought was not granted, you must request an AO from L/CA. Applicant's Agent or Attorney: (U) Activities that May Indicate a Secure .gov websites use HTTPS the applicant sought to assist only an individual who was his spouse, child, or Adult Education": (U) Evidence of Financial The Child Citizenship Act of 2000 changed the rules on who may acquire or derive U.S. citizenship from their parents. 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. demonstrates that they were in Federal or State custody and the failure to Llanos-Senarillos, 177 F2d at 165 (9th Cir. As of 2014, American Samoa (including Swains Island) is the only outlying possession of the United States, as defined underINA 101(a)(29). that ineffective assistance of counsel was the cause of the individual's [^ 38]SeeReid v. INS,420 U.S. 619 (1975). 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. In the course of an arrest for disorderly conduct, a noncitizenfalsely claimed that he was born in Puerto Rico. However, in Matter of Zhang, 27 I&N Dec. 569 (BIA 2019), the Board of Immigration Appeals (BIA) noted that unlike INA 212(a)(6)(C)(i), the plain language of INA 237(a)(3)(D)(i) does not require an intent to falsely represent citizenship to trigger this ground of removability.