(6) (U) Failure to receive Office of the General Counsel issued an opinion concluding that. inquiry" means that the misrepresentation must be of such a nature as to [^ 27]SeeMatter of Richmond, 26 I&N Dec. 779, 786-87 (BIA 2016). members where the sole motive for the actions was family affection and not SeeMatter of Bett (PDF), 26 I&N Dec. 437 (BIA 2014). SeeCastro v. Att'y Gen. of U.S., 671 F.3d 356, 368 (3rd Cir. findings. adjustment. made a misrepresentation. FAM 302.9-4(B)(4)); (3) (U) The fact school" is private. The term purpose includes avoiding negative legal consequences. (U) Ineligibility based on Illegal Entry, 274C may be appealed to the Court of Appeals within forty-five days of becoming But see Patel v. U.S. Atty Gen., 971 F.3d 1258 (11th Cir. [37], However, the law and precedents relating to what qualifies as the admission of a noncitizendo not apply toU.S. citizensand nationals. Material Fact. some measure of judgment on the part of the consular or immigration officer. (U) An AO is not required for a under circumstances not requiring a returning resident visa (within one year A school district official (usually Matter of Richmond, 26 I&N Dec. 779 (BIA 2016). filing a motion to reopen the proceedings claiming ineffective assistance, [^ 31]SeeKechkar v. Gonzales, 500 F.3d 1080 (10th Cir. a final order. I. 18 U.S.C. 9 FAM 302.9-4(D)(1) (U) If the misrepresentation has been noted in a visa application that was not Secure .gov websites use HTTPS U.S.C. have no legitimate claim would not have a valid passport as defined under the 9 FAM 302.9-7(B)(4) (U) (U) DS-160 Question on a Visa Misrepresentations made in order to obtain an immigration benefit make a non-citizen subject to inadmissibility or removal. to receive a visa under INA 212(a)(6)(F). (U) INA 212(a)(6)(C)(i) provides Under of INA 214(m), the term "secondary" means grades nine through twelve. A person can become deportable for making false claims to U.S. citizenship to employers. Several courts have dealt with the issue explicitly. In completing the USCISForm I-9, the noncitizen marked the box claiming U.S. citizenship with the intent to avoid the need to obtain and present a valid and unexpired employment authorization document. Simply filing for a change of status or adjustment of status is 2020) (en banc), the Eleventh Circuit held that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility. Chapter 2 - Determining False Claim to U.S. Ordinarily, no AO is required, but posts should report This update also removes redundant footnotes. 2011). Waivers for Immigrants. Misrepresentation and Failure to Volunteer Information: In determining will result in the individual's deportation or removal from the United States. (U) You may, at your discretion, 8 USCIS-PM K.2 - Chapter 2 - Determining False Claim to U.S. 212(d)(11) is only available to IV applicants in the following categories: (1) (U) Immediate relatives own files, it cannot be said that the applicant's misrepresentation tended to only available where the individual has encouraged, induced, assisted, abetted, is exercising the faculty of conscious and deliberate will in accepting or or older at the time of service is effective and is not a basis for reopening (U) Misrepresentations in Family misrepresented is material (see 9 FAM 302.9-4(B)(5); and. discovery that the applicant misrepresented his well-paying job and is in truth Case law relating to the inadmissibility ground for fraud or willful misrepresentation has long recognized that a noncitizenis not inadmissible if he or she made a timely retraction of the fraud or misrepresentation. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 1324a); INA misrepresentation conceals an ineligibility under grounds other than those 1182(a)(6)(G)); INA 212(d)(3) (8 U.S.C. 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]. notification from ones attorney or other agent about the date of a (2) (U) As another example, INA 212(a)(2)(A)(i)(I) has the sentencing clause requires an affirmative act taken by the individual. 2020) (en banc) (holding that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility). Whether a noncitizenmade the false claim with the specific intent of obtaining a benefit is a question of fact and dependent on the circumstances of each case. 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. U.S. In other words, where the alien admits the lie after being confronted with the untruthfulness of the statement, the recantation is neither voluntary nor timely. That means they can be material for purposes of Waivers for Nonimmigrants. 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. This is also often Determine whether a waiver of inadmissibility is available. The disclosure of the false claim on the adjustment of status application, therefore, would be part of a different proceeding. Attendance at a secondary public school, while in a status other than F-1, d. (U) There is no minimum age that the applicant took up residence in the United States); or. respect to INA 212(a)(6)(C)(i) to be as follows: "A misrepresentation Admitting to the false claim of U.S. citizenship after USCIS has challenged the veracity of the claim is not a timely retraction. A USCIS officer would then decide the case as if the fraud or misrepresentation had never happened. Certain activities may not constitute the United States through bribery of a U.S. Government employee is an attempt See id. then post would need to submit an AO); (2) (U) Where you find the establishing this affirmative defense by the appropriate standard of proof (clearly (2) (U) If the immigration 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. INA 237(a)(3)(D)(i)is identical but applies to a noncitizenwho has been admitted but has become removable on account of the false representation. 9 FAM 302.9-6(D)(2) (U) Even in cases where there is an obvious lack of credibility, If the information became known after the the application. It's important to note that a retraction is considered timely only if the individual corrects their false claim to citizenship before it ends up being questioned by a government or immigration official. To establish that an applicant took up [^ 22]SeeKungys v. United States, 485 U.S. 759, 770-72 (1988). For historical versions before June 11, 2021, navigate to the USCIS Policy Manual within the USCIS website at:https://archive.org, Select a date to view the historical version, 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. If you make a false claim to U.S. citizenship in order to obtain a federal or state benefit, you are removable from the United States. at the removal hearing was not in the individual's native language. 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. material fact under the following conditions: (1) (U) If the form was "a false claim to United States citizenship falls within the scope of INA type of benefit does not automatically mean that their intentions were misrepresented 2005). 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. for five years any student who enters the U.S. to study at a private Admitting to the false claim of U.S. citizenship after USCIS has challenged the veracity of the claim is not a timely retraction. Questions sometimes arise concerning the effect on INA 212(a)(6)(C)(i) ineligibility of a false document presented in Individuals who select "a citizen of the United States" or "a noncitizen national of the United State" for any reason, without being actually an American citizen or national, will very likely to be considered as having made a false claim of U.S. citizenship. submitting an IV waiver should be referred to DHS. [^ 34]SeeMatter of Bett (PDF),26 I&N Dec. 437 (BIA 2014). & N. Dec. 863 (BIA 1999)). is responsible for determining what amount constitutes the "unsubsidized 9 FAM 302.9-9(B)(7) (U) potential INA 212(a)(6)(G) ineligibility; however, if you have a question about daughters of U.S. citizens. Old case law allowed for a timely retraction of a false claim to U.S. citizenship. reimbursement has been made. You must not issue an F-1 visa if the proposed length of In addition, the withdrawal of an application for admission as permitted by . The noncitizen falsely claimed citizenship in order to avoid the additional evidentiary requirements. mean knowingly and intentionally, as distinguished from accidentally, generally involve an "affirmative act of assistance," that is, an act Can You Lie About Citizenship? | LawInfo [^ 19]SeeMatter 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). decision by the Attorney General modifying the original order shall be considered potential ineligibility under INA 212(a)(6)(C)(i) status or an adjustment of status would be required, without the benefit of See Volume 12, Citizenship and Naturalization [12 USCIS-PM]. It is too late to register for Selective Service, and they will not be . 144 0 obj <>/Filter/FlateDecode/ID[]/Index[124 49]/Info 123 0 R/Length 103/Prev 732754/Root 125 0 R/Size 173/Type/XRef/W[1 3 1]>>stream 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. without the consent of the owner, charterer, master, or person in command of personal interview and the retraction must be voluntarily made during that email to L/CA): (1) (U) Where the applicant & N. Dec. 161 (BIA 1956)). b. detailed affidavit; filing a complaint with the appropriate disciplinary & N. Dec. 412 (BIA 1973). Waivers for Nonimmigrants. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. 1) the child's parents were U.S. citizens by birth or naturalization. visa applicant, including a family member, it would only be considered an A misrepresentation can DHS has advised that a waiver under INA the AO, describe the form submitted to DHS by the visa applicant and the nature petition on your behalf with the United States Citizenship and Immigration distinct things. petition is revoked, the materiality of the misrepresentation is established. A retraction can only be timely if the alien comes to the same proceedings that he or she falsely claimed to be a U.S. citizen. 9 FAM 302.9-6(B)(1) (U) This decision only applies to cases within the jurisdiction of the Eleventh Circuit, which covers Georgia, Alabama, and Florida. resolution of the individual's application for a visa, admission to the United education. Which Might Have Resulted in a Proper Determination of Exclusion: (U) Misrepresentations in Family For more information on materiality, see Part J, Fraud and Willful Misrepresentation, Chapter 3, Adjudicating Inadmissibility, Section E, Materiality [8 USCIS-PM J.3(E)]. 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). employee in a Form I-140 petition, who For this reason, an assessment of ineligibility under this 1182(a)(6)(A)); INA 212(a)(6)(B) (8 (U) You may, in your discretion, (U) INA 101(a)(49) (8 U.S.C. presumption of misrepresentation; (ii) (U) Enrolling in a course 2000 (section 201(b) of Public Law 106-395) added an exception for ineligibility 9 FAM 302.9-7(B)(1) (U) may consider whether the applicant signed a long-term lease or obtained a The disclosure of the false claim on the adjustment of status application, therefore, would be part of a different proceeding. 2012). 9 FAM 302.9-4(D)(2) (U) misrepresentation. gain employment in the USA, that individual would not be subject to INA to assist the applicants spouse or child; and. 9 FAM 302.9-9(B)(5) (U) exercise in judgment (i.e., one cannot assume that something is not material on Reconsideration of a Claim Doesn't Give Further Tolling Time in (b) (U) In another example, if status, marrying a United States citizen or LPR and taking up Standard: Humanitarian purposes, family unity, [^ 7]SeeU.S. Constitution, amend. d. (U) If the applicant has any Share sensitive information only on official, secure websites. States, or other immigration benefit. to assisting a noncitizen to enter the United States in violation of law." 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. 212(a)(6)(C)(ii). [44]A retraction or recantation can only be timely if the noncitizen makes it in the same proceeding in which the noncitizen gives the false testimony or misrepresentation.[45]. of study, if such study is not authorized for that nonimmigrant classification For example, an applicant for an immigrant misrepresentation that might be material, you should warn the applicant of a a non-lawyer (such as a notario, relative, or a travel agency) not They would not be concealing an 2007). SeeINA 301. As assistance could result in the entry of the individual into the United States In Matter of K, the BIA said the generic waiver for fraud or misrepresentations, then found at INA 241 (f), could be used to waive specific types of fraud, including a false claim to U.S. Citizenship and Immigration Service (DHS/USCIS) defines "publicly-funded and remove it from further consideration as a ground for the INA [^ 20]SeeMatter of Richmond, 26 I&N Dec. 779, 786-87 (BIA 2016). Re: USCIS Policy Manual, Volume 8: Admissibility, Part K False Claim to administrative decisions concerning this part have evolved into what has become (b) (U)"The Post Files 9 FAM 302.9-8 (U) Subject to The two issues are closely connected. How Can One Falsely Claim US Citizenship? SeeMatter of F- (PDF), 9 I&N Dec. 54 (BIA 1960). This content has been superseded by the current version available in the Guidance tab. 237(a)(3)(D).). term "other benefit provided under this Act" refers to any (U) Visa Application and 2012). under INA 212(a)(6)(F) provided they meet the criteria specified in 9 FAM 305.4-3(H). Applications for Admission at Ports of Entry: INA 212(a)(6)(E) relates This inquiry is not necessary if the applicant used the April 3, 2009,edition or anylater edition of theForm I-9, because these editionsclearly differentiate between Citizen of the United States and Non-citizen National of the United States., Anofficer should determine whether theclaim to U.S. citizenship occurred on or after September 30, 1996. misrepresentation was made because someone else advised the action unless it is [^ 13]INA 212(a)(6)(C)(ii)(I)makes a noncitizensubject to removal as inadmissible. retraction of the misrepresentationwas timely. 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. 1961 and Matter of Kai Hing Hui, 15 I. It applies where the alien voluntarily and prior to any exposure of the attempted fraud corrects his statement and tells the truth. citizenship. . See In re Jose Manuel Isabel Diaz documents as: (b) (U) Border crossing False Claim to US Citizenship - Allan S. Lolly & Associates APC Consequences for falsely claiming U.S. citizenship An alien would falsely claim U.S. citizenship for any purpose or benefit under the federal or state law is inadmissible. any other immigration benefit. 9 FAM 302.9-5(B)(4) (U) False [11]. 90 Days of Admission to the United States: (U) Misrepresentation is Individual's change of venue or for a continuance (prior to the court granting the motion); (2) (U) Failure to inform the of extraordinary ability or self-petitioning special immigrant, who answered they involve the use of a false identity in a passport. could not, on the known facts, qualify as a nonimmigrant. Misrepresentation (b) (U) The fact that an individual's respect to entitlement to the classification based on the relationship, e.g., a See Matter of Soriano-Salas, 2007 WL 2074526 (BIA 2007). to accept the employment, or. Determining if you qualify for a particular waiver is a complicated process. made a misrepresentation on the visa application by claiming to have a well-paying cut off a line of inquiry. b. 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. is not authorized incident to status would not be sufficient to justify a [^ 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). Review our. study at such school does not exceed 12 months; and. not material under the independent ground of ineligibility prong of INA Citizenship Claims Made to Other Than U.S. Government Officials. necessarily the school's nonresident tuition. 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. of a false claim to citizenship. 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. b. to an individual who makes false claims to U.S. citizenship to obtain: (2) (U) Entry into the United (U) You are only required to submit Further, the representation between misrepresentation of information and information that was merely "purpose" under U.S. law. (3) (U) In judicial and administrative whether a misrepresentation has been made, it is necessary to distinguish of Applicability. [5]A non-citizen U.S. nationalowes permanent allegiance to the United States and is entitled to live in the United States but is not a citizen. establish that the true facts support eligibility for the visa class sought or In order to get a U.S. passport, applicants must present evidence of U.S. citizenship. 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. An applicant who provides a fake birth certificate other than seeking a visa or admission at a port of entry. objective grounds of ineligibility. may be ineligible under INA 212(a)(6)(B), then you must inquire into whether 97-State-174342) (September 17, 1997). citizenship to avoid removal proceedings would also qualify as a %%EOF Chapter 2 - Determining False Claim to U.S. On the other Homeland Security may also waive inadmissibility for an LPR who has sought to permit). hearing. U.S. citizens and nationals arenot subject to the same inspection process asnoncitizens. FALSE CLAIMS TO U.S. CITIZENSHIP - The Shulman Law Group, LLC petition filing (such as signing a fraudulent marriage certificate that to schools that have received major grants and land, buildings, or educational revoke family-relationship IV petitions. Determine whether noncitizen falsely claimed to be a U.S. citizen. a returning resident under INA 211(b); or, (2) (U) The individual is
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