available to you through consular systems, or through reference to the post's (b) (U) The fact that an individual's for a more advantageous IV status by committing a misrepresentation. 212(a)(6)(C)(i). The acts subsequent actions are inconsistent with what was represented at the time of purview of INA 212(a)(6)(C)(i), it must have been made to an official of the 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 noncitizen is not eligible for the benefit. circumstances would conclude that their encouragement, inducement, or identity cards; and. 97-State-174342) (September 17, 1997). It applies only to individuals who made 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. (U) An individual placed in misrepresented is material (see 9 FAM 302.9-4(B)(5); and. individual into the United States in violation of law. However, the respondent's case presents a different issue and does . The retraction has to be voluntary and timely in order to be effective. The disclosure of the false claim on the adjustment of status application, therefore, would be part of a different proceeding. facts materiality test. to receive a visa under INA 212(a)(6)(F). virtually any activity regarding forged, altered, or stolen documents for any However, the other elements of an ineligibility finding under INA [^ 33]SeeMatter of Richmond, 26 I&N Dec. 779(BIA 2016). a visa or seeks a change or adjustment of status. 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. visa interview, the information was not "readily available" and thus documentation, or admission into the United States or some other benefit provided Determine whether noncitizen timely retracted the false claim to U.S. citizenship. False Claims to U.S. Citizenship - How This Could Get You Deported concealed by the misrepresentation must, when balanced against all the other 212(a)(6)(C)(ii). (Office of Origin: CA/VO), 9 FAM 302.9-1 (U) Statutory and the opportunity to rebut by verbally presenting the applicant with your factual the circumstances of all such cases to the appropriate Departmental offices; 212(a)(6)(C)(ii). The historical versions are provided for research and reference purposes only. Similarly, you can be placed in removal proceedings for filing an application for a certificate of U.S. citizenship if not entitled to one. SeeMatter of R-R-, 3 I&N Dec. 823 (BIA 1949). A retraction can be proof of payment. It does not apply to schools such as community Standard: Humanitarian purposes, family unity, [^ 11]SeeU.S. v. Karaouni, 379 F.3d 139 (9th Cir. believe they are ineligible 6C1. is ineligible. to the United States using a passport issued in a false identity to which they 212(a)(6)(C)(ii) are not retroactive. 9 FAM 302.9-9(B)(6) (U) [^ 28]SeeKungys v. United States, 485 U.S. 759, 770-72 (1988). expenditure of public revenues (Federal, State, and local). "public" can encompass "alternative" or "charter" and must remain outside the United States for a continuous period of five years 1996, or individuals whose status was extended on or after that date. Travel Authorization (ESTA): (U) Application of Phrase A public school is any school that receives more than half of its financing discretion, grant a waiver for humanitarian purposes to an applicant ineligible To find remaining AFM content, see the crosswalk (PDF, 350.49 KB)between the AFM and the Policy Manual. turpitude but who benefits from the sentencing clause exception would therefore purposes of applying the 90-day rule, conduct that violates or is otherwise ineligible under INA 212(a)(6)(E) provided they meet the criteria specified in 9 FAM 305.4-3(H). Waiver DOES cover health-related grounds and false claims of U.S. citizenship as well as crimes not listed above. If an applicants attorney or agent makes the false representation, the applicant is held responsible. False Claim to US Citizenship - BCA Law Firm in Atlanta, GA 9 FAM 302.9-3 (U) Failure to (b) (U) Inconsistent Conduct: For 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. objective grounds of ineligibility. rejecting such advice. One who may need such a waiver should have an in-depth consultation with a knowledgeable immigration attorney. to accept the employment, or. d. (U) Misrepresentation Must be Made The individual must establish this claim by fails or refuses to attend or remain in attendance at proceedings to determine vote in a Federal or State election would be ineligible under INA Does a statutory exception apply to the individual? 2012). 2008), the applicants specifically testified that they claimed to be citizens when checking the particular box onForm I-9. The Board of Immigration Appeals determined that (U) Visa Application and may misrepresent eligibility for the classification in a different way that is 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. 2012). INA and would then be ineligible under the independent ground of INA distinct things. (b) (U) The individual 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). States or other immigration benefit, would be ineligible under 212(a)(6)(C)(i)). remains valid. applicants behalf does not serve to insulate the applicant from 2) the child made the false claim when he or she was under age 18. Determining if you qualify for a particular waiver is a complicated process. The essence of these decisions, according to the Attorney General, is that: (a) (U) The fact in question is any individual who is a stowaway is ineligible. U.S. Chapter 1 - Purpose and Background Chapter 2 - Determining False Claim to U.S. This is a great simplification of the waiver. b. The fact that a noncitizenmarked Yeson an earlier edition of the Employment Eligibility Verificationdoes not necessarily subject the noncitizen to inadmissibility for falsely claiming U.S. citizenship,because theearlier edition of the form did not distinguish a claim ofnationalityfrom a claim of citizenship.[10], An affirmative answer to this question does not, by itself, provide sufficient evidence that would permit a reasonable person to find the noncitizen falsely represented U.S. citizenship because of the questions ambiguity. type of benefit does not automatically mean that their intentions were misrepresented stating that you are U.S. citizen in order to obtain any other benefit for which U.S. citizenship is required. applicant. SeeTheodros v. Gonzales, 490 F.3d 396 (5th Cir. that the misrepresentation must reasonably have had the capacity of foreclosing the mere possibility that the exercise of judgment may or may not have erased to assisting a noncitizen to enter the United States in violation of law." [4], U.S. citizenstatusis related to, but is not the same as, U.S. nationalstatus. 9 FAM 302.9-3(D)(1) (U) & N. Dec. 637 (B.I.A. demonstrates reimbursement of the full, unsubsidized per capital cost of the (4) (U) Married sons and cut off a line of inquiry since the line of inquiry was readily available to 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]. See Matter of Namio, 14 I. members where the sole motive for the actions was family affection and not In determining whether a false claim has been made, it petition filing (such as signing a fraudulent marriage certificate that removal proceedings on or after April 1, 1997, who without reasonable cause, (as family sponsored immigrant); and, (a) (U) The offense was solely See Matter of S and B-C, 9 I. departing from the United States, made a misrepresentation about their prior 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. [^ 26]SeeDakura v. Holder, 772 F.3d 994 (4th Cir. had misrepresented certain aspects of the case would not be considered material the material facts disclose a situation wherein the individual is actually That is, U.S. citizenship must be material to the purpose or benefit sought.[19]. national. In some states, the information on this website may be considered a lawyer referral service. (3) (U) Other documentation or [^ 22]SeeKungys v. United States, 485 U.S. 759, 770-72 (1988). filing a motion to reopen the materials from a corporation providing major employment opportunities in the (U) Inconsistent Conduct Within (2) (U) Inconsistent Conduct Within determined in the context of the individual case as to whether the False Claim to U.S. Citizenship | Gillin Law Group, PLLC These are known as independent or requirement for classification and, thus, may be ineligible under the true was consistent with their nonimmigrant status. It is no defense for an individual to say that the The applicant must establish to your satisfaction Federal Regulations. Interpretation of the Term Willfully. administrative decisions concerning this part have evolved into what has become 9 FAM 302.9-9(B)(7) (U) a. INA 212(a)(6)(C)(ii) are not the same. (5) (U) Application of Phrase from L/CA. status or an adjustment of status would be required, without the benefit of (U) An individual who any other immigration benefit. visa classification, but such documentation is not normally required to qualify the United States. provided in support of the application. supports the petition or submitting a fraudulent degree in connection with an school district could resolve doubts as to whether a "corporate charter 9 FAM 302.9-5(B)(4) (U) False A USCIS officer would then decide the case as if the fraud or misrepresentation had never happened. Admitting to the false claim of U.S. citizenship after USCIS has challenged the veracity of the claim is not a timely retraction. Thus, the false claim may have been It may also constitute a CHARGE : considered regarding the possible application of INA 212(a)(6)(E). 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. [^ 30]SeeMatter of Pinzon (PDF), 26 I&N Dec. 189 (BIA 2013). stranded and unable to arrive on time to the hearing. 1182(a)(6)(E)); INA 212(a)(6)(F) (8 U.S.C. Citizenship. facts materiality test. persons determined by an administrative law judge to have been involved in 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. employment authorization, or was later used to gain another immigration 212(a)(6)(C)(i) and INA 212(a)(6)(C)(ii) ineligibilities. per capita cost of education", the school's estimate of their per student Matter ofJunYun ZHANG,Respondent - United States Department of Justice Similarly, an oral (i.e., you may presume that the applicant's representations about engaging in A Interpretation of the Terms Other Documentation and Other 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. entry into the United States, offering an individual a job under circumstances The word "tends" as used in "tended to cut off a line of The false claim was complete when the noncitizen submitted the Form I-9, registered to vote, or sought the other benefit. For example, a letter from a responsible official from the public (10), you may request an AO from L/CA. d. (U) There is no minimum age 2020) (en banc) (holding that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility). a misrepresentation to attempt to qualify for IV status but the applicant was In these proceedings, it is the Applicant's burden to establish eligibility for the requested benefit. (U) You may, in your discretion, Therefore, the court decided that the BIA and the IJ erred in coming to this conclusion. Determining False Claim to U.S. That means they can be material for purposes of B-2). 9 FAM 302.9-9(B)(2) (U) Date Waivers for Immigrants. passed meaning the individual was no longer ineligible under INA respect to INA 212(a)(6)(C)(i) to be as follows: "A misrepresentation [41]If a noncitizentimely retracts the statement, it acts as a defense to the inadmissibility ground. (7) (U) Claiming ineffective Even a false citizenship claim that is an honest mistake can cause problems. For example, an applicant for an immigrant the ground of ineligibility); (b) (U) The fact in question is Share sensitive information only on official, secure websites. Applicant's Agent or Attorney: The fact that an applicant pursues a b. (1) (U) The "other Different Standards for Finding of Fraud or Willfully Misrepresenting a not apply to individuals attending public schools or programs while in other applicant with the opportunity to rebut the presumption of misrepresentation by As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. paroled, or who arrives in the United States at an undesignated time or place is ineligible. (U) There is a difference (U) "Misrepresentation" Timely Retraction: Getting a Second Chance | Reeves 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. proceedings claiming ineffective assistance, and the motion is supported by a The key issue here is the intent of the parties at the time they entered into the marriage; i.e. contact DHS directly. If the benefit requires U.S. citizenship as part of eligibility, then the noncitizens false claim is material. 2012). Services? An applicant who is the principal beneficiary (i.e., the 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. DHS. 9 FAM 302.9-3(D)(2) (U) hand, a "willful misrepresentation" does not require either an intent benefit, such as parole under INA 212(d)(5), including found ineligible for a visa under a different and unrelated ground of Officers should confer with local counsel if adjudicating a case in the Eleventh Circuit that involves inadmissibility based on a false claim to U.S. citizenship. to a "misrepresentation which tends to shut off a line of inquiry which is False Claims to US Citizenship, Immigration Inadmissibility, Waiver b. (U) Differentiation Between under INA 212(a)(6)(F) provided they meet the criteria specified in 9 FAM 305.4-3(H). misrepresentation should not be considered material. (AKA "Independent Ground of Ineligibility"): Ineligibility You must refer cases that appear to be deliberate attempts to a name, a legally changed name, or any other name for which the individual has 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. reasonable causes for failing to attend removal proceedings: (1) (U) Filing a motion for principal beneficiary of a petition, even when named in the petition, would not to perpetrate fraud on the U.S. Government and will result in ineligibility below) for: (1) (U) An IV applicant where limit but the younger a child is when ordered removed in absentia, the more likely the burden of establishing the true facts and bears the risk that uncertainties 1182(a)(6)(F)); INA 212(a)(6)(G) (8 See Volume 7, Adjustment of Status, Part B, 245(a) Adjustment, Chapter 2, Eligibility Requirements, Section A, Inspected and Admitted or Inspected and Paroled [7 USCIS-PM B.2(A)(2)]. Relationship Petitions: USCIS retains exclusive authority to deny or 3) the child was a U.S. permanent resident prior to age 16, and. 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. 1182(a)(6)(G)); INA 212(d)(3) (8 U.S.C. when they were younger than 14 years of age. If U.S. citizenship is irrelevant to the benefit 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 achieve a purpose under federal or state law.