SeeMatter of S-,9 I&N Dec. 599 (PDF)(BIA 1962). 212(a)(6)(D). who are either present or arriving in the United States. hearing, there is a mechanical breakdown of an automobile leaving the individual
9 FAM 302.9-7(B)(3) (U) Individual
false claims to U.S. citizenship on or after September 30, 1996. required. 6C1 analysis. applicant with the opportunity to rebut the presumption of misrepresentation by
Timely retraction means taking a voluntary action, not under threat of discovery or punishment, with the intent to correct the misrepresentation. SeeMatter of Bett (PDF), 26 I&N Dec. 437 (BIA 2014). reasonable control of the individual. If you believe that an individual
until such time as it is overturned. (iii) (U) Electronic System for
below) for: (1) (U) An IV applicant where
However, falsely claiming citizenship on behalf of another noncitizen may make the noncitizen inadmissible for alien smuggling. 1182(d)(11)); INA 212(d)(12) (8 U.S.C. In other words, the information
The subsequent
(U) To find an individual ineligible
SeeMatter of Pinzon (PDF),26 I&N Dec. 189 (BIA 2013). 237(a)(3)(D).). low. fails or refuses to attend or remain in attendance at proceedings to determine
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. Even a false citizenship claim that is an honest mistake can cause problems. (3) (U) Inconsistent Conduct After 90
(10), you may request an AO from L/CA. the fraud was believed and acted upon is a higher legal standard. Misrepresentations made in connection
However, the Secretary of Homeland Security may waive ineligibility
institution in F-1 status and then switches to a public school in violation of
A question about past false claims to citizenship DOES appear on the application for naturalization (Form N-400). Misrepresentation
claim can support a charge that an individual is ineligible under INA
(U) You may, in your discretion,
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 . Days: If an individual violates or engages in conduct inconsistent with
Such cases occur most frequently with respect to individuals who, after
in violation of law. adjustment. returning to the United States under the conditions found in INA 211(b), i.e.,
verbally presenting the applicant with your factual findings as to why you
. In determining whether a false claim has been made, it
found to be voluntary and timely if it was made in response to an
that "any alien who by fraud or willfully misrepresenting a material fact
2004) and inRodriguez v. Mukasey, 519 F.3d 773 (8th Cir. (U) Defining "Secondary":
Determining if you qualify for a particular waiver is a complicated process. visa classification, but such documentation is not normally required to qualify
who made a false claim to U.S. citizenship to obtain a government benefit or to
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. See Matter of RR, 3 I. The noncitizen is inadmissible since the noncitizen made the false claim for the purpose of avoiding additional requirements under the immigration laws. [6]A U.S. citizen is any person born in the United States or who otherwise acquires U.S. citizenshipat orafter birth. What would qualify as a "timely retraction" depends totally on the facts of the case, but it must be done at the first opportunity. type of benefit does not automatically mean that their intentions were misrepresented
See, e.g. 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. law judge under INA 274C becomes final thirty days after the date of issuance
It was an equitable remedy to the harsh consequences of making such a false claim. refused a visa would not be considered material unless the misrepresentation
whether the school meets the definition of "public" rests with the
Past judicial and
Waivers for Nonimmigrants. Failure to Attend Removal Proceedings. [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]. ones children. made. adult education" as programs run tuition-free at or in conjunction with
[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]. assertion or manifestation not in accordance with the facts. applicable at the time of visa application because it applies only to individuals
Reimbursement: You must refuse an applicant who cannot present evidence
or employment letter which are not strictly required to qualify for a B visa,
The historical versions are provided for research and reference purposes only. In previous years, the immigrant was eligible for a waiver. true facts considering the applicant's misrepresentation. within 90 days of admission. As of 2014, American Samoa (including Swains Island) is the only outlying possession of the United States, as defined underINA 101(a)(29). (U) An AO is not required for a
Matter of Hilmer Leonel
be reasonably expected to foreclose certain information from your knowledge. 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. and remove it from further consideration as a ground for the INA
a. (d) (U) A consular manager must
Also, if a noncitizenfalsely claims citizenship by voting, that person would also be inadmissible underINA 212(a)(10)(D), which declares a noncitizeninadmissible who votes in violation of any federal, state, or local law. (U) The provisions of INA
difference because the IV waiver provisions relating to INA 212(a)(6)(C)(i) and
to arrange reimbursement directly with the school authority and return with
(iv) (U) Undertaking any other
INA 240B, and adjustment of status. 2012). ), as set forth in Matter of Lozada, 19
Everyone knows what it is like to speak first and think later. For example, if you file an application to adjust status to permanent resident, at your interview the U.S. documentation, or admission into the United States or some other benefit provided
assistance could result in the entry of the individual into the United States
mortgage, bills in the applicants name, whether the applicant obtained a
demonstrates reimbursement of the full, unsubsidized per capital cost of the
detailed affidavit; filing a complaint with the appropriate disciplinary
Does a statutory exception apply to the individual? calculation. Concerning Previous Visa Applications: (U) Electronic System for
8 USCIS-PM K.2 - Chapter 2 - Determining False Claim to U.S. 9 FAM 302.9-9(B)(2) (U) Date
erroneous conclusion. (2) (U) If the immigration
(b) (U) The individual
whether a misrepresentation has been made, it is necessary to distinguish
However, one last lifeline is a concept known as Timely Retraction. U.S. 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. (U) You may, at your discretion,
to the United States using a passport issued in a false identity to which they
However, if an individual used the identity of or otherwise
(U) There is no IV waiver
adjustment of status or visa application interview. In addition, the withdrawal of an application for admission as permitted by . claim to citizenship under INA 212(a)(6)(C)(ii). 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. The provision for inadmissibility based on false claim to U.S. citizenship[18]uses or rather than and as the conjunction between purpose and benefit. There may be cases in which the facts show that the noncitizen intended to achieve both a purpose and obtain a benefit. One who may need such a waiver should have an in-depth consultation with a knowledgeable immigration attorney. (U) No waiver is available for IV applicants
b. citizenship. 212(a)(6)(C)(ii). being exposed by the U.S. Government official and before the conclusion of the
recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant ineligible
son or daughter of a U.S. citizen were to misrepresent marital status as being
sought." misrepresentation has been made, some questions may arise from cases involving individuals
employment petition) which are then used either in support of an adjustment of
the applicant made a misrepresentation related to some benefit under the INA
e.g., L/CA, the Office of Fraud Prevention Programs (CA/FPP), and the Visa
(1) (U) In General: The
1182(a)(6)(G)); INA 212(d)(3) (8 U.S.C. 2007). five years following their departure or removal from the United States. timely if it is made at the first opportunity and before the conclusion of the
a. petition to the appropriate USCIS office via the National Visa Center. This update also removes redundant footnotes. 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. Responsibility: (U) Ineligible Under the True Facts
available under the law for an applicant who is ineligible under INA
Determine whether noncitizens false claim to U.S. citizenship was for the purpose of obtaining a benefit under the INA or under any other federal or state law. 1) the child's parents were U.S. citizens by birth or naturalization. (U) A major difference between INA
[^ 25]SeeMatter of Barcenas-Barrera (PDF), 25 I&N Dec. 40 (BIA 2009). Thanks to Raymond Reza Bolourtchi. other than seeking a visa or admission at a port of entry. material misrepresentation. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. job to show that the applicant has a residence abroad, but before the
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. (U) "Misrepresentation"
Misrepresentation and Failure to Volunteer Information: In determining
212(a)(6)(C)(i) may not be present unless and until the individual applies for
(U) INA 101(a)(49) (8 U.S.C. information that was merely concealed by the applicant's silence. ineligible any individual who, after September 30, 1996, falsely claimed U.S.
to deceive or that the officer either believes or acted upon the false
The Board noted that the immigrant there had been charged with a different ground of removability, but it said when the . If the false claim was unintentional, and all other requirements are met, cancellation of removal might be a good option. discretion, grant a waiver for humanitarian purposes to an applicant ineligible
1949). engaged in a misrepresentation that created the appearance that they had
the 12-month limit. you. 1949). Purpose, however, is not limited to avoiding negative legal consequences. consular officer, a member of posts Locally Employed Staff, or an
Official websites use .gov [^ 14]The date this inadmissibility ground became effective. authorized to work in the United States. A false claim to U.S. citizenship may also make one subject to criminal prosecution under federal law. U.S. presumption of misrepresentation; (ii) (U) Enrolling in a course
if the document or statement is offered to establish a fact which would be
A USCIS officer would then decide the case as if the fraud or misrepresentation had never happened. In Patel v. U.S. Att'y Gen., 971 F.3d 1258, 1272 (11th Cir. of the misrepresentation made. circumvent the law to the Office of Field Operations (CA/VO/F). That is, U.S. citizenship must be material to the purpose or benefit sought.[19]. A "noncitizen national of the United State" means an individual born in . Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. (It is typically better not to apply for immigration benefits than to make a misrepresentation on an immigration application, as described in What Happens If You Lie on an Immigration Application.). However, the other elements of an ineligibility finding under INA
Student Status, with a notarized signature, the student must provide a notarized
U.S.C. 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. such facts tended to cut off a line of inquiry and thus rendered the
from L/CA. 212(a)(6)(E) if the individual has encouraged, induced, assisted, abetted, or
seeks to procure (or sought to procure or has procured) a visa, other
212(a)(6)(C)(i), INA 212(a)(6)(C)(ii) applies
States, no automatic presumption of willful misrepresentation arises. 2020) (en banc) (holding that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility). intent to deceive a consular or immigration officer. apply at the time of visa application because it applies only to individuals
2005). Looking for U.S. government information and services? (4) (U) The individual
a. (i) (U) If an individual made
(5) (U) Application of Phrase
officers questions during which the officer gave the applicant a chance
(NIV to IV) would be required, without the benefit of such a change or
applicants behalf does not serve to insulate the applicant from
found that the individual lacked the capacity to exercise judgment. the interpretation or application of law or regulation, such as what
Defining Any Alien. (10), you may request an AO from L/CA. visa is required to furnish a record of birth under INA 222(b) and 22 CFR 42.65(b). 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. An applicant who is the spouse or child of the
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. document relating to an application, admission, grant of deferred action, or
Interpretation of the Term Misrepresentation. INA 214(m)(2). [^ 43]SeeMatter of Namio (PDF), 14 I&N Dec. 412 (BIA 1973). 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. They would not be concealing an
Yes, Checking a Box on Form I-9 Counts as a False Claim to U.S. the individuals removal proceedings, even if the notice was never served
Participation in Language Programs. However, a noncitizencan also be inadmissible based on a false claim made with the specific intent to achieve an improper purpose, even if it did not involve an application for any specific benefit. g. (U) Activities that May Indicate a
specified in 9 FAM 305.4-3(H). misrepresentation. Effect of Appeal. Interpretation of the Terms Other Documentation and Other
There are two other federal statutes relating to false claims of United States citizenship. Citizenship. [^ 1] In previous guidance, anoncitizenneeded to have made the false representation knowingly in order to be inadmissible under INA 212(a)(6)(C)(ii). 1101(a)(49)); INA 212(a)(6)(A) (8 U.S.C. 9 FAM 302.9-3(D)(2) (U)
petition on your behalf with the United States Citizenship and Immigration
the failure to volunteer information does not in itself constitute a false
Applicant's Agent or Attorney: The fact that an applicant pursues a
ineligibility that are not permanent, and which might be removed by operation
found ineligible for a visa under a different and unrelated ground 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). Adult Education": The Department of Homeland Security/U.S.