(U) The responsibility for documenting
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. the post files exception would not apply. any individual who is a stowaway is ineligible. study would exceed the 12-month limit. find that the individual was aware of the action being taken in furtherance of
1182(a)(6)(F)); INA 212(a)(6)(G) (8
caused by their misrepresentation may be resolved against the applicant. That is, U.S. citizenship must be material to the purpose or benefit sought.[19]. 9 FAM 302.9-3 (U) Failure to
In some cases, the relationship and petition may still be valid, but the individual
and beyond doubt). (U) The Secretary of
(f) (U) Other documents that
Timely Retraction Timely retraction = misrepresentation eliminated as if it never happened . information does not in itself constitute a misrepresentation under INA
The disclosure of the false claim on the adjustment of status application, therefore, would be part of a different proceeding. (3) (U) Other documentation or
have been satisfied: (1) (U) There has been an
In the course of an arrest for disorderly conduct, a noncitizenfalsely claimed that he was born in Puerto Rico. Determine whether noncitizen falsely claimed to be a U.S. citizen. ", 9 FAM 302.9-6(B)(2) (U)
of financial reimbursement under INA 221(g). is exercising the faculty of conscious and deliberate will in accepting or
name, a nickname, or a legal and well-documented name change); and. [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]. 1949). 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. 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. with a reentry permit). revoke family-relationship IV petitions. proceedings, if the individual can provide sufficient and credible
expenditure of public revenues (Federal, State, and local). CHARGE : ones children. failure to appear at the hearing, and the individual has fulfilled the
States or other immigration benefit, would be ineligible under 212(a)(6)(C)(i)). (b) (U) Once you find that a
The essence of these decisions, according to the Attorney General, is that: (a) (U) The fact in question is
Consequences for False Claims to US Citizenship - Prizant Law 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. This does not apply,
The issuance of a final order under this section in the
If an applicants attorney or agent makes the false representation, the applicant is held responsible. provide to establish qualification for the visa class sought under the true
or older at the time of service is effective and is not a basis for reopening
[^ 6]SeeINA 308. in support of an immigrant visa application would fail to meet the statutory
"purpose" under U.S. law. employment activities when make a 6C1 finding under the 90-day rule. Similarly, an oral
In sum, even though a noncitizenmay have falsely claimed U.S. citizenship, he or she is only inadmissible if: The noncitizen made the false claim with the subjective intent of obtaining a benefit or achieving a purpose under the INA or any other federal or state law, as shown by direct or circumstantial evidence; and. SeeMatter of Richmond,26 I&N Dec. 779, 786-87 (BIA 2016). suspicion and is akin to probable cause. circumvent the law to the Office of Field Operations (CA/VO/F). (7) (U) Claiming ineffective
Furthermore, U.S. citizenship must affect or matter to the purpose or benefit sought. Admission or Parole - INA 212(a)(6)(A). 1182(d)(3)); INA 212(d)(11) (8
The Board of Immigration Appeals (BIA) non-precedent decisions seem to draw on this distinction. exercise in judgment (i.e., one cannot assume that something is not material on
Attendance at a secondary public school, while in a status other than F-1,
If the benefit requires U.S. citizenship as part of eligibility, then the noncitizens false claim is material. See Volume 12, Citizenship and Naturalization [12 USCIS-PM]. visa application through an attorney or other third party does not serve to
& N. Dec. 161 (BIA 1956)). (U) A key element of INA
paroled, or who arrives in the United States at an undesignated time or place is ineligible. under INA 212(a)(6)(F) provided they meet the criteria specified in 9 FAM 305.4-3(H). (U) A major difference between INA
the hearing) without complying with the requirements of such a claim (e.g.,
a. be considered timely. apply at the time of visa application because it applies only to individuals
have been a stowaway in the past does not in itself make the person ineligible
for example, where an oral misrepresentation is made by another person on
and must remain outside the United States for a continuous period of five years
for admission to the United States, for a visa, or for another immigration
is ineligible under INA 212(a)(6)(B) provided they meet the criteria specified
The effect of a timely retraction is that the misrepresentation is eliminated. assertion or manifestation not in accordance with the facts. Ineligibility
a. paroled, or who arrives in the United States at an undesignated time or place
maturity and the judgment) to understand and appreciate the nature and consequences
INA 212(a)(6)(C)(ii) are not the same. Citizenship, F. Timely Retraction. [^ 32]SeeCastro v. Att'y Gen. of U.S.,671 F.3d 356, 368 (3rd Cir. A false claim to U.S. citizenship may also make one subject to criminal prosecution under federal law. In
on Individual's Own Application: (U) Misrepresentation Made by
Ineligibility Applied Retroactively. INA and would then be ineligible under the independent ground of INA
material if the determination of relief from the ineligibility depends on an
(U) Willfully Defined: The
9 FAM 302.9-9(B)(2) (U) Date
filing a motion to reopen the proceedings claiming ineffective assistance,
misrepresentation was discovered, the visa was refused because the applicant
(U) INA 101(a)(49) (8 U.S.C. (2) (U) A separate affirmative
been drawn between the INA 212 ineligibilities which, due to the passage of
available to you through consular systems, or through reference to the post's
A noncitizen should never check off the box "U.S. citizen" in order to obtain work if it is not true, even if the noncitizen is otherwise authorized to work in the United States with a green card or an Employment Authorization Document. answers "no" to this question should generally be considered to have
Chapter 2 - Determining False Claim to U.S. that "any alien who by fraud or willfully misrepresenting a material fact
misrepresentation that might be material, you should warn the applicant of a
public secondary schools. not apply to individuals attending public schools or programs while in other
c. (U) Lack of Evidence of Financial
not in itself sufficient to support a presumption of misrepresentation under
PDF False Claim to USC Advisory - Home - Boston College ineligible for a visa for five years following their departure or removal from
The grounds of inadmissibility or removal that result from these misrepresentations can be waived (forgiven) if the alien can show (among other things) that their qualifying relative (USC or LPR parent or spouse for inadmissibility grounds and USC or LPR parent, spouse or son or daughter for removability ground) will suffer extreme hardship if the alien is not permitted to remain in the United States and that the alien should be granted the relief in the exercise of discretion. requirements. inconsistent with an applicants nonimmigrant status depends on the
misrepresentation tends to cut off a relevant line of inquiry which might have
status application filed with USCIS or in
otherwise eligible, process the case to conclusion. These misrepresentations can include using a false name or other identifying information, providing false marital status and many others. retraction that is timely and voluntary may serve to purge a misrepresentation
within the provisions of INA 212(a)(1) through
2012). or written statements or knowingly provides fraudulent documents on behalf of any
Responsibility: An individual who acts on the advice of another person
while in unlawful status, or before November 30, 1996, does not count against
or DHS, a prospective employer to circumvent INA 274A, or any other relevant
school, unless the: (a) (U) Aggregate period of
Cubor-Cruz, 25 I. [^ 22]SeeKungys v. United States, 485 U.S. 759, 770-72 (1988). Applications for Admission at Ports of Entry: INA 212(a)(6)(E) relates
facts materiality test. Interpretation of the Term Material Fact. "fraud" typically means that the individual made a false
False Claim to US Citizenship - Allan S. Lolly & Associates APC name of an individual renders the individual ineligible for visa issuance. 9 FAM 302.9-4(B)(4) (U)
Ordinarily, no AO is required, but posts should report
274C (8 U.S.C. its ports of entry (POE) that, if the public-school reimbursement is not
presented fraudulent documentation related to establishing qualification for a
Looking for U.S. government information and services? the question "no" should generally be considered to have made a
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. The applicant must correct their representation before
(see 9 FAM 302.9-7(D)
regarding identity often also involve an independent ground of ineligibility if
If the noncitizen does so, he or she would not be inadmissible for this inadmissibility ground. to deceive or that the officer either believes or acted upon the false
United States under the conditions found in INA 211(b), i.e., one who returns
9 FAM 302.9-8(D)(2) (U)
Waivers for Immigrants. 9 FAM 302.9-4(B)(8) (U)
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. 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. 9 FAM 302.9-3(B)(1) (U)
[^ 44]SeeMatter of Namio (PDF), 14 I&N Dec. 412 (BIA 1973). 212(a)(7)(B); and thus, also ineligible under INA
As
(b) (U)"The Post Files
237(a)(3)(D).). [35], A noncitizenis only inadmissible if the person makes a misrepresentation for theirown benefit. (U) Defining "Secondary":
A retraction is timely if the individual corrects the false claim to U.S. citizenship before an immigration or government official questions the truthfulness of the statement or concludes the proceeding where the false claim was made. the past and believes that their case meets the requirements above may follow
a. son or daughter of a U.S. citizen were to misrepresent marital status as being
A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Past judicial and
a returning resident under INA 211(b); or, (2) (U) The individual is
term "willfully" as used in INA 212(a)(6)(C)(i) is interpreted to
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. A question about past false claims to citizenship DOES appear on the application for naturalization (Form N-400). 1949). colleges that receive public funds but charge students tuition. transfers from private to public school has, under INA 101(a)(15)(F), violated their
[^ 28]SeeKungys v. United States, 485 U.S. 759, 770-72 (1988). In such cases, you should request additional information from the school
that the applicant did not make a material misrepresentation, and they are
SeeKechkar v. Gonzales, 500 F.3d 1080 (10th Cir. It is very serious to be charged with making a false claim to citizenship. An applicant who provides a fake birth certificate
Determining False Claim to U.S. petition on your behalf with the United States Citizenship and Immigration
"Smugglers" or INDIVIDUALS Assisting others to enter the uSA in
made to a State or Federal Government official outside the Department of State
Timely retraction means taking a voluntary action, not under threat of discovery or punishment, with the intent to correct the misrepresentation. (6) (U) Failure to receive
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. See Matter of RR, 3 I. 9 FAM 302.9-1(B) (U) Code of
purposes of applying the 90-day rule, conduct that violates or is otherwise
It is no defense for an individual to say that the
hearing, there is a mechanical breakdown of an automobile leaving the individual
Let us use the example of an applicant for an NIV who
U.S. U.S. citizenship affects or matters to the purpose, and is material, if it has a natural tendency to influence the applicants ability to achieve the purpose. (U) Evidence of Financial
then post would need to submit an AO); (2) (U) Where you find the
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. (e.g., an F1 nonimmigrant attending a university), engaging in employment that
1361; Matter ofSkirball Cultural Ctr., 25 I&N Dec. 799,806 (AAO 2012). #ImmigrationLaw #FBA. Even in cases where there is an obvious lack of credibility,
representation of a material fact with knowledge of its falsity and with the
(U) The provisions of INA
whether a misrepresentation has been made, it is necessary to distinguish
9 FAM 302.9-7(D)(2) (U)
0
The majority of circuit courts and the Board treat a noncitizen who has been inspected and allowed to enter as someone who has been admitted even if the admission was gained through fraud, misrepresentation or the use of false documents. in violation of law. In Patel v. U.S. Att'y Gen., 971 F.3d 1258, 1272 (11th Cir. (U) Differentiation Between
2007). A
9 FAM 302.9-6(D)(1) (U) Waivers
visa classification, but such documentation is not normally required to qualify
with some other person's visa application or application for admission to the
See Matter of Soriano-Salas, 2007 WL 2074526 (BIA 2007). attempting to assist or is assisting another individual) must act
1949).
Can You Lie About Citizenship? | LawInfo U.S.C. Section B, Claim to U.S. U.S.C. citizen or lawful resident spouse or parent of such applicant. not to know that the claim to citizenship was false has the burden of
b. 9 FAM 302.9-7(B)(3) (U) Individual
SeeCrocock v. Holder, 670 F.3d 400 (2nd Cir. 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. However, Congress toughened the punishment for this misrepresentation in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and, now, there is no waiver for this lie if it is made on or after September 30, 1996. Consult an immigration attorney to help you before you submit an application for a green card, naturalization, or any other immigration benefit, because you might not be eligible if it is discovered you registered to vote when you were not authorized to do so. national. of extraordinary ability or self-petitioning special immigrant, who answered
Reasonable cause is defined as something that is not within the
Applications for Admission at Ports of Entry: (U) Defining "Publicly Funded
Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. (U) INA 212(a)(6)(E) provides that
[^ 10]InAteka v. Ashcroft, 384 F.3d 954 (8th Cir. If you "timely retracted" (in other words, took back) the false claim, you will not be found inadmissible. 212(a)(31)) which was interpreted to exclude actions on behalf of close family
(iv) (U) Undertaking any other
(U) INA 212(a)(6)(D) is not
decision by the Attorney General modifying the original order shall be considered
1324c). any vessel or aircraft through concealment aboard such vessel or aircraft. To avoid complications at the POE, visa
Do Not Sell or Share My Personal Information, he stakes are high, now would be an excellent time to hire an, Noncitizens in Deportation or Removal Proceedings, How Checking Citizen or National on Form I-9 Can Ruin Your Chance for a Green Card, What Happens If You Lie on an Immigration Application, Immigration Court Defenses: Avoid Deportation, Do Not Sell or Share My Personal Information, the consequences of various types of false claims to U.S. citizenship, exceptions to the rules against making false claims to U.S. citizenship, and. Travel Authorization (ESTA): (U) Application of Phrase
However, falsely claiming citizenship on behalf of another noncitizen may make the noncitizen inadmissible for alien smuggling. 2011). waiver from DHS under INA 212(i) if: (1) (U) The applicant is the
2011). If the
Therefore, for the purposes of inadmissibility under INA 212(a)(6)(C)(ii), a noncitizenneed not intend to falsely claim citizenship in order to trigger this ground of inadmissibility. for Immigrants. submitted in support of an immigration benefit under the INA, such as an
In order to get a U.S. passport, applicants must present evidence of U.S. citizenship. indicated in 9 FAM
per capita cost of education", the school's estimate of their per student
9 FAM 302.9-9(B)(7) (U)
(U) Most cases of INA
(d) (U) A consular manager must
(a) (U) For example, an individual
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. without a reentry permit, or within a maximum of two years with a reentry
requirements of making such a claim (e.g. under circumstances not requiring a returning resident visa (within one year
information that was merely concealed by the applicant's silence. thus qualified for only third preference consideration, and the third preference
1182(a)(6)(C)); INA
b. citizenship to avoid removal proceedings would also qualify as a
concealed by the misrepresentation must, when balanced against all the other
their nonimmigrant status more than 90 days after admission to the United
(U) In General: The school
See 9 FAM 302.9-4(B)(3). An individual
a. An applicant who provides a fake birth certificate
A school district official (usually
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 [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. may misrepresent eligibility for the classification in a different way that is
Been Before a U.S. Official: For a misrepresentation to fall within the
I. waivers, employment authorization, advance parole, voluntary departure under
9 FAM 302.9-9(B)(8) (U)
immigration officer. of law. violates the provisions of INA 214(m) becomes ineligible under INA 212(a)(6)(G)
unemployed would not support a finding of materiality because it had no bearing
stranded and unable to arrive on time to the hearing. 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. respect to INA 212(a)(6)(C)(i) to be as follows: "A misrepresentation
USCIS employees should not rely on the historical versions for current laws, precedent decisions, policies, directives, guidance, and procedures. Applying INA 212(a)(6)(D).
False Claims to U.S. Citizenship - How This Could Get You Deported e.g., L/CA, the Office of Fraud Prevention Programs (CA/FPP), and the Visa
Where the misrepresentation, however, conceals not
212(a)(6)(D). per 9 FAM 302.9-5(B)(4) below. on an adult with responsibility for the minor. or employment letter which are not strictly required to qualify for a B visa,
the burden of establishing the true facts and bears the risk that uncertainties
However, while a minority of states ask for proof of U.S. citizenship at the time of voter registration, employees in most states may not inquire about citizenship status before asking noncitizens if they desire to register to vote. (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.). A USCIS officer would then decide the case as if the fraud or misrepresentation had never happened. circumstances, in some cases, may be considered a reasonable
Consequences of False Claim to Citizenship - Tancinco such facts tended to cut off a line of inquiry and thus rendered the
Further, a retraction or recantation of a false claim to U.S. citizenship is only timely if the noncitizen makes it in the same proceeding in which he or she made the false claim. to an individual who makes false claims to U.S. citizenship to obtain: (2) (U) Entry into the United
concealed by the individual's silence.
[^ 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). The law states that, "Any alien who falsely represents, or has falsely represented himself or herself to be a citizen of the United States for any purpose or benefit under this Act or any other Federal or State law is inadmissible."
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