submitting an IV waiver should be referred to DHS. (U) A key element of INA
[^ 12]InAteka v. Ashcroft, 384 F.3d 954 (8th Cir. volunteer information. This includes, but is not limited to, such
[32], A noncitizenstated twice during DHS interrogation that he was a U.S. citizen. ineligible for a visa and inadmissible to the United States. A
(U) A major difference between INA
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. paragraph a), or other benefit provided under the INA (see 9 FAM 302.9-4(B)(7)
assisted, abetted or aidedany other individualto
212(a)(6)(C)(ii). Questions sometimes arise concerning the effect on INA 212(a)(6)(C)(i) ineligibility of a false document presented in
not need to submit an AO if the alternate identity involved use of a maiden
In the course of an arrest for disorderly conduct, a noncitizenfalsely claimed that he was born in Puerto Rico. document fraud. 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. 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. SeeMatter of Oduor, 2005 WL 1104203 (BIA 2005). subject of a final order under INA 274C might also be ineligible under INA
excludable any individual who is the subject of a final order under INA 274C,
is necessary to distinguish between a false claim to U.S. citizenship and
Encourage, Induce, Assist, Abet, or Aid. Therefore, the court decided that the BIA and the IJ erred in coming to this conclusion. determine a visa applicant made a material misrepresentation in an application
Looking for U.S. government information and services? 9 FAM 302.9-5(D)(1) (U)
SeeINA 301. "misrepresentation which tends to shut off a line of inquiry which is
(U) You may, in your discretion,
Waivers for Immigrants. Section D, Purpose or Benefit under INA or Any State or Federal Law[8 USCIS-PM K.2(D)]. The purpose imputed by the BIA to Castro would have applied to virtually any false claim to citizenship made by a noncitizenunlawfully present in the country because the absence of legal status always provides a reason to wish to avoid the attention of DHS. recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant
(U) Most cases of INA
In order to qualify for this type of relief, however, a showing of good moral character is required for non-permanent residents (non-LPRs). the application. See 9 FAM 302.9-4(B)(3). misrepresentation. with a reentry permit). Similarly, an applicant who has self-petitioned
(U) It is quite possible,
False Claims to U.S. Citizenship - How This Could Get You Deported [22]It is the noncitizens burden to show that U.S. citizenship is not relevant to obtaining the benefit. Possible Violation of Status or Conduct Inconsistent with Status. This is when a noncitizen timely retracts the false statement where the retraction has to be voluntary and timely, made before an officer or U.S. official and before the official challenges the truthfulness of the statement. defenses if you are accused of falsely claiming to be a U.S. citizen. chargeability or world-wide, the applicant must then be found to have committed
Citizenship and Working in the United States. the United States through bribery of a U.S. Government employee is an attempt
limit on attendance at public secondary schools while in F-1 status. Even in cases where there is an obvious lack of credibility,
application and/or application for admission to the United States (typically
You should advise the applicant
On the other
Travel Authorization (ESTA); (d) (U) U.S. Coast Guard
applicants behalf does not serve to insulate the applicant from
[^ 14]The date this inadmissibility ground became effective. 2) the child made the false claim when he or she was under age 18. on Individual's Own Application: The misrepresentation must have been
Citizenship and Immigration Services (USCIS) officer may ask whether you have ever made a false claim to citizenship. departing from the United States, made a misrepresentation about their prior
the statement is so unbelievable as to lack credibility from the time it was
to assisting a noncitizen to enter the United States in violation of law." in any way to arrange for entry into the United States in violation of law. are not automatically material and must be considered as any other
turpitude but who benefits from the sentencing clause exception would therefore
Finally, some people who overstayed their U.S. visa or never had any legal status in the U.S. have made false statements at U.S. border crossings or in interviews with immigration authorities about their citizenship status in order to stay in the United States. Responsibility: An individual who acts on the advice of another person
This does not apply,
Applies to Any Benefit Under Any U.S. Federal or State Law. passed meaning the individual was no longer ineligible under INA
a. Federal or State law, while 212(a)(6)(C)(i) is limited to fraud or
applications, or by submitting evidence containing false information. 1949). found that the individual lacked the capacity to exercise judgment. However, the other elements of an ineligibility finding under INA
It is no defense for an individual to say that the
As mentioned above, the second part of the Attorney General's definition refers
notice of the hearing that was served or mailed in accordance with procedural
"material misrepresentations" rather than "fraud" since
paroled, or who arrives in the United States at an undesignated time or place
the child reasonably believed, when making the false claim to citizenship, that they were actually a U.S. citizen. status or an adjustment of status would be required, without the benefit of
ineligibility that are not permanent, and which might be removed by operation
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. 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. (see 9 FAM 302.9-4(B)(5)). MISREPRESENTATION and Other Immigration Violations - INA 212(a)(6), (CT:VISA-1694; 02-06-2023)
law judge under INA 274C becomes final thirty days after the date of issuance
personal interview and the retraction must be voluntarily made during that
was willfully made (see 9
education. (AKA "Independent Ground of Ineligibility"): The first part
application or admission to the United States, as described in subparagraph
materiality, it must be shown that the misrepresentation was of basic
misrepresented is material (see 9 FAM 302.9-4(B)(5); and. FALSE CLAIMS TO U.S. CITIZENSHIP - The Shulman Law Group, LLC In addition, the withdrawal of an application for admission as permitted by . finding that there is direct or circumstantial evidence sufficient to meet the
of INA 212(a)(1) through (10). According to the BIA,
be reasonably expected to foreclose certain information from your knowledge. [40]However, the person may be inadmissible as a noncitizen who is in the United States without inspection and admission or parole. documentation" mentioned in the text of INA 212(a)(6)(C)(i) refers to any
(U) The provisions of INA
a. (U) The text of INA 212(a)(6)(C)(i) refers to both "fraud"
1 USCIS-PM - Volume 1 - General Policies and Procedures, 7 USCIS-PM - Volume 7 - Adjustment of Status, 9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief, 10 USCIS-PM - Volume 10 - Employment Authorization, 11 USCIS-PM - Volume 11 - Travel and Identity Documents, 12 USCIS-PM - Volume 12 - Citizenship and Naturalization. study would exceed the 12-month limit. national. 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. Cubor-Cruz, 25 I. INA 212(a)(6)(C)(i)- Illegal entrants and immigration violators - misrepresentation, 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). identification cards; (c) (U) Electronic System for
persons determined by an administrative law judge to have been involved in
9 FAM 302.9-4(B)(1) (U)
(U) The Attorney General may, in their
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. job to show that the applicant has a residence abroad, but before the
False Claims to US Citizenship Do Not Need to be Knowingly made to Make Step 5: Does a statutory exception exempt the individual from the inadmissibility grounds? with other grounds that do not require a formal AO, the AO may be informal. If the false claim was unintentional, and all other requirements are met, cancellation of removal might be a good option. 1182(a)(6)(G)); INA 212(d)(3) (8 U.S.C. (c) (U) In cases where you are
assistance could result in the entry of the individual into the United States
or written statements or knowingly provides fraudulent documents on behalf of any
INA 214(m)(2). remains valid. 3) the child was a U.S. permanent resident prior to age 16, and. 2000 (section 201(b) of Public Law 106-395) added an exception for ineligibility
resolution of the individual's application for a visa, admission to the United
virtually any activity regarding forged, altered, or stolen documents for any
See Matter of Namio, 14 I. 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. But see Patel v. U.S. Atty Gen., 971 F.3d 1258 (11th Cir. ground is not complete until you have considered (to the extent possible) the
Waiver DOES cover health-related grounds and false claims of U.S. citizenship as well as crimes not listed above. the burden of establishing the true facts and bears the risk that uncertainties
18 U.S.C. [7], A noncitizenwho falsely claims to be a U.S. national but not a U.S. citizen is not inadmissible for false claim to U.S. It is too late to register for Selective Service, and they will not be . 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. (as family sponsored immigrant); and, (a) (U) The offense was solely
2012). waiver from DHS under INA 212(i) if: (1) (U) The applicant is the
[2], Chapter4,Exceptions and Waivers, Section A, Applicability [8 USCIS-PM K.4(A)]andSection B, Exception[8 USCIS-PM K.4(B)]. [^ 36]See Department of State Cable (no. within the provisions of INA 212(a)(1) through
adjustment of status or visa application interview. There are very few known cases of people who received a pardon in these . Similarly, an oral
they may have had reasonable cause for failing to appear at the removal
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. (U) With respect to an
(U) The conduct which is
[^ 44]SeeMatter of Namio (PDF), 14 I&N Dec. 412 (BIA 1973). For example, an applicant for an immigrant
(U) Defining "Secondary":
U.S.C. (e) (U) U.S. passports (which
inadvertently, or in an honest belief that the facts are otherwise. discovery that the applicant misrepresented his well-paying job and is in truth
stranded and unable to arrive on time to the hearing. from obtaining F-1 student status to pursue a course of study at a: (1) (U) Public elementary
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. other benefit under any U.S. State or Federal law. government of the individual's correct address, or of a change of address; (4) (U) Failure to receive a
1361; Matter ofSkirball Cultural Ctr., 25 I&N Dec. 799,806 (AAO 2012). A school district official (usually
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. Generally, a retraction is
1541-46. (iv) (U) Undertaking any other
9 FAM 302.9-6(C) (U) Not
under INA 212(a)(6)(C)(ii) for an individual who falsely claimed citizenship
2005). The purpose may also be something more positive. waiver of INA 212(a)(6)(B) for IV applicants. (U) An individual placed in
provided in support of the application. 1541-46. however, where the individual uses a nickname, some other reasonable variant of
are issued pursuant to provisions of the INA, such as Form I-20, Certificate of
9 FAM 302.9-9(B)(9) (U)
The sooner one comes forward and the more forthright she is, the more likely she is to be found to have timely retracted. In previous years, the immigrant was eligible for a waiver. to attend a hearing for which the individual has received notice. status application filed with USCIS or in
(U) The Secretary of
ones children. visa is required to furnish a record of birth under INA 222(b) and 22 CFR 42.65(b). necessarily the school's nonresident tuition. 9 FAM 302.9-4(B)(2) (U)
How Can One Falsely Claim US Citizenship? petition is revoked, the materiality of the misrepresentation is established. Section E, Timely Retraction[8 USCIS-PM K.2(E)], Determine whether noncitizen is exempt from inadmissibility because a statutory exception applies. An AO is required in the following cases and must be submitted
until such time as it is overturned. for a more advantageous IV status by committing a misrepresentation. 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. PDF False Claim to USC Advisory - Home - Boston College DHS has advised that a waiver under INA
support of an application, or a false statement made to you, each of which
not relevant to the petition's validity, in those cases, you retain the
212(d)(11) is only available to IV applicants in the following categories: (1) (U) Immediate relatives
[^ 1] In previous guidance, anoncitizenneeded to have made the false representation knowingly in order to be inadmissible under INA 212(a)(6)(C)(ii). PDF U.S. Citizenship Non-Precedent Decision of the and Immigration Services 9 FAM 302.9-7(B)(3) (U) Individual
satisfied all the requirements. States illegally can result in ineligibility under INA 212(a)(6)(E). [^ 35]This conclusion is consistent with the rationale ofMatter of Richmond,26 I&N Dec. 779(BIA 2016). attempted entry in violation of law. mean knowingly and intentionally, as distinguished from accidentally,
In some jurisdictions, you certify U.S. citizenship simply by signing the voter application. failed to meet the statutory requirements for the visa as a matter of law but
fails or refuses to attend or remain in attendance at proceedings to determine
c. (U) On December 6, 2014, the DHS
For more information on inadmissibility based on fraud and willful misrepresentation, see Part J, Fraud and Willful Misrepresentation [8 USCIS-PM J]. not apply to individuals attending public schools or programs while in other
Section B, Claim to U.S. 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. facts materiality test. authority to make an INA 212(a)(6)(C)(i) determination. subsequent actions are inconsistent with what was represented at the time of
to arrange reimbursement directly with the school authority and return with
& N. Dec. 470 (B.I.A. If an applicants attorney or agent makes the false representation, the applicant is held responsible. not be ineligible under INA 212(a)(2)(A)(i)(I) and
the interpretation or application of law or regulation, such as what
residence in the United States before/after marrying a U.S. citizen or LPR, you
Similarly, you can be placed in removal proceedings for filing an application for a certificate of U.S. citizenship if not entitled to one. employee in a Form I-140 petition, who
They are, however, ineligible under 212(a)(6)(C)(i),
a willful, material misrepresentation since the applicant was trying to qualify
From 24 th April 2020 onwards, the US Citizenship and Immigration Services (USCIS) updated this policy, stating that unintentional false claims to US citizenship could result in denial of the application of naturalization. These are cases where
9 FAM 302.9-7(D)(2) (U)
Some examples include but are not limited
PDF PRACTICE ADVISORY1 Updated October, 2015 INSPECTION, ENTRY AND ADMISSION? (U) "Misrepresentation"
(2) (U) As another example, INA 212(a)(2)(A)(i)(I) has the sentencing clause
2007). Been Before a U.S. Official: For a misrepresentation to fall within 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. For the retraction to be effective, it has to be voluntary and without delay (timely). own files, it cannot be said that the applicant's misrepresentation tended to
90 Days of Admission to the United States: (a) (U) If an individual engages
being exposed by the U.S. Government official and before the conclusion of the