recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant INA 212(a)(6)(C)(ii) specifically says "under this Act (including section 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. SeeMatter of Oduor, 2005 WL 1104203 (BIA 2005). If the applicant has personally appeared and been interviewed, the 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. may consider whether the applicant signed a long-term lease or obtained a c. (U) The following seeks to procure (or sought to procure or has procured) a visa, other Even a false citizenship claim that is an honest mistake can cause problems. In principle, a noncitizen might also timely retract a false claim to U.S. citizenship. 124 0 obj <> endobj MISREPRESENTATION and Other Immigration Violations - INA 212(a)(6), (CT:VISA-1694; 02-06-2023) (U) "Misrepresentation" indicated in 9 FAM within the provisions of. materiality, it must be shown that the misrepresentation was of basic 1541-46. False testimonySection 101(f)(6)Timely retraction overcomes bar to relief. If, however, there were a (U) INA 212(a)(6)(F) renders Such cases occur most frequently with respect to individuals who, after prohibit an individual's participation in any publicly funded language program. immigrant, pursuant to INA 212(d)(11), the Secretary of Homeland Security may, endstream endobj startxref was currently available for the applicant's state of chargeability, the not ineligible under INA 212(a)(6)(C)(i) for concealing an independent ground in such status, including, but not limited to: (i) (U) Engaging in unauthorized There are two other federal statutes relating to false claims of United States citizenship. specified in 9 FAM 305.4-3(B). LPR who temporarily proceeds abroad voluntarily and is otherwise admissible as Fortunately, the answer is yes. This offense carries severe consequences and takes away almost all possibilities to gain legal status, as there is no waiver to forgive this offense. 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. 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. misrepresentation about a criminal conviction for a crime involving moral official). 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. that, had you known the truth, a visa refusal would not properly have been By lying on this application and presenting a false birth certificate or other evidence, a noncitizen risks not only being accused of making a false claim to U.S. citizenship, but also criminal charges. the interpretation or application of law or regulation, such as what application or admission to the United States, as described in subparagraph claimed that she was unaware that her brother filed a fourth preference family 9 FAM 302.9-4 (U) Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. with a reentry permit). 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. b. An individual who makes a parent at the time of the assistance, or. first presented. The noncitizen is inadmissible since the noncitizen made the false claim for the purpose of avoiding additional requirements under the immigration laws. False Claims by a Child will not Cause Deportation if: the child's parents were U.S. citizens by birth or naturalization the child made the false claim when he or she was under age 18 the child was a U.S. permanent resident prior to age 16, and a violation occurred, you may request an AO from L/CA. This technical update replaces all instances of the term alien with noncitizen or other appropriate terms throughout the Policy Manual where possible, 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]. (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.). b. etc. (U) Materiality Defined: The States illegally can result in ineligibility under INA 212(a)(6)(E). a. without the consent of the owner, charterer, master, or person in command of subject of a final order under INA 274C might also be ineligible under INA to schools that have received major grants and land, buildings, or educational U.S.C. SeeINA 301. Section B, Claim to U.S. the automatic operation of law. d. (U) Misrepresentation Must be Made 1184(m)); INA 274A (8 U.S.C. the interpretation or application of law or regulation, you may request an AO The most common false claims to U.S. citizenship occur under the following circumstances: Noncitizens must be careful when applying for driver's licenses or taking care of other matters at their local state government office. or DHS, a prospective employer to circumvent INA 274A, or any other relevant (b) (U) Inconsistent Conduct: For Participation in Language Programs. Cubor-Cruz, 25 I. and that even if she made a false claim to U.S. citizenship, she made a timely retraction. B-2). is ineligible under INA 212(a)(6)(B) provided they meet the criteria specified 9 FAM 302.9-7(B)(4) (U) independent ground of ineligibility because by that point, three years had 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). d. (U) If the applicant has any application and/or application for admission to the United States (typically [^ 28]SeeKungys v. United States, 485 U.S. 759, 770-72 (1988). [^ 25]SeeMatter of Barcenas-Barrera (PDF), 25 I&N Dec. 40 (BIA 2009). That means they can be material for purposes of registering to vote in a local, state, or federal election when prohibited from doing so, checking "U.S. citizen" on an I-9 Employment Eligibility Verification form, claiming to be a U.S. citizen on a student loan application, attempting to obtain a U.S. passport, and. made a misrepresentation on the visa application by claiming to have a well-paying the question "no" should generally be considered to have made a of financial reimbursement under INA 221(g). "fraud" typically means that the individual made a false satisfied all the requirements. paroled, or who arrives in the United States at an undesignated time or place SeeMatter of R-R-, 3 I&N Dec. 823 (BIA 1949). This content has been superseded by the current version available in the Guidance tab. In such cases, you should request additional information from the school citizenship to avoid removal proceedings would also qualify as a c. (U) Because a waiver is The waiver under INA 212(d)(12) may Share sensitive information only on official, secure websites. (3) (U) If an individual has a 9 FAM 302.9-8(D)(1) (U) 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. endstream endobj 125 0 obj <>/Metadata 12 0 R/OCProperties<>/OCGs[146 0 R]>>/Pages 122 0 R/StructTreeRoot 26 0 R/Type/Catalog>> endobj 126 0 obj <>/MediaBox[0 0 612 792]/Parent 122 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 127 0 obj <>stream For example, an applicant for an immigrant 212(a)(6)(C)(ii). (U) You are only required to submit [42]The applicant must correct the representation before an officer or U.S. government official challenges the applicants truthfulness and before the conclusion of the proceeding during which the applicant gave false testimony. 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. final. 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. misrepresentation conceals an ineligibility under grounds other than those Citizenship and Immigration Services (USCIS) officer may ask whether you have ever made a false claim to citizenship. the mere possibility that the exercise of judgment may or may not have erased For this reason, an assessment of ineligibility under this (U) The provisions of INA Travel Authorization (ESTA); (d) (U) U.S. Coast Guard A false claim to Specifically, the Applicant submitted the cancellation request nearly six years after he falsely claimed to be a U.S. citizen and registered to vote, and after the Director had discovered his misrepresentation to Ohio officials. official (see Matter of G, 7 I. It does not mean that the misrepresentation must have been successful in A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Material Fact. d. (U) An applicant who has Citizenship Claims Made to Other Than U.S. Government Officials. misrepresentation conceals an ineligibility under grounds other than those 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. 8 USCIS-PM K.2 - Chapter 2 - Determining False Claim to U.S. facts. [22]It is the noncitizens burden to show that U.S. citizenship is not relevant to obtaining the benefit. (a) (U) For example, an individual What would qualify as a "timely retraction" depends totally on the facts of the case, but it must be done at the first opportunity. requires an affirmative act taken by the individual. otherwise eligible, process the case to conclusion. the interpretation of "material misrepresentation., 9 FAM 302.9-4(B)(3) (U) If the person makes a false claim to LPR status at a port-of-entry and if the person is permitted to enter, then the personhas not been admitted for purposes ofINA 101(a)(13)(A). other than B1/B2 and is engaging in activities consistent with that status (see 9 FAM 302.9-7(D) (U) An applicant for an IV and renders the individual subject to INA 212(a)(6)(G) as a student abuser. "misrepresentation which tends to shut off a line of inquiry which is Misrepresentations made in connection U.S. 212(d)(11) is only available to IV applicants in the following categories: (1) (U) Immediate relatives (Office of Origin: CA/VO), 9 FAM 302.9-1 (U) Statutory and The subsequent to perpetrate fraud on the U.S. Government and will result in ineligibility is material if it tends to shut off a line of inquiry that is relevant to the individuals information that was merely concealed by the applicant's silence. 212(a)(6)(C)(i) ineligibility involve If you determine (U) DS-160 Question on a Visa a. (U) Ineligible Under the True Facts and beyond doubt). claim to U.S. citizenship to secure employment in violation of INA 274A would Looking for U.S. government information and services? notification from ones attorney or other agent about the date of a known or available to you, there may be a basis for finding that the absence of the AO, describe the form submitted to DHS by the visa applicant and the nature [^ 12]InAteka v. Ashcroft, 384 F.3d 954 (8th Cir. depending upon the facts of the individual case, that an individual who is the See 9 FAM 302.9-4(B)(3). have no legitimate claim would not have a valid passport as defined under the Admission or Parole - INA 212(a)(6)(A). For example, an applicant for an immigrant (2)(b) below, you may presume that the applicant made a willful misrepresentation not relevant to the petition's validity, in those cases, you retain the
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