A question about past false claims to citizenship DOES appear on the application for naturalization (Form N-400). A false claim to U.S. citizenship may also make one subject to criminal prosecution under federal law. See, e.g. expenditure of public revenues (Federal, State, and local). the statement is so unbelievable as to lack credibility from the time it was
of application for admission to the United States does not shield them from
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. 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). The noncitizen is inadmissible since the noncitizen made the false claim for the purpose of avoiding additional requirements under the immigration laws. 2008). For example, an applicant for an immigrant
for admission to the United States, for a visa, or for another immigration
[^ 9]For example, if the false claim to U.S. nationality was made to a U.S. government official in seeking an immigration benefit. waivers, employment authorization, advance parole, voluntary departure under
may misrepresent eligibility for the classification in a different way that is
2020) (en banc) (holding that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility). limit on attendance at public secondary schools while in F-1 status. without the consent of the owner, charterer, master, or person in command of
(ii) (U) An NIV applicant's
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. b. 212(a)(6)(C)(ii), if you find that the applicant
(For example, an applicant who is an
demonstrates reimbursement of the full, unsubsidized per capital cost of the
g. (U) Activities that May Indicate a
See In re Jose Manuel Isabel Diaz
determining that an individual had the intent to deceive an officer and that
of a false claim to citizenship. Furthermore, a noncitizencannot deny responsibility for any misrepresentation made by the noncitizen based on the advice of another person. 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. employment authorization, or was later used to gain another immigration
action being taken to support their application. Homeland Security is satisfied that the refusal of the applicants
Applications for Admission at Ports of Entry: INA 212(a)(6)(E) relates
These are known as independent or
2008), the applicants specifically testified that they claimed to be citizens when checking the particular box onForm I-9. This is a significant
Waivers for Immigrants. 1182(d)(11)); INA 212(d)(12) (8 U.S.C. material if the determination of relief from the ineligibility depends on an
9 FAM 302.9-3(D)(2) (U)
between making a false claim to U.S. citizenship and simply failing to
at the time of either the visa application or application for admission to the
the child reasonably believed, when making the false claim to citizenship, that they were actually a U.S. citizen. 2011). ineligible for a visa and inadmissible to the United States. attempted entry in violation of law if the misrepresentation meets the
Claims to U.S. (U) With respect to an
inconsistent with an applicants nonimmigrant status depends on the
212(a)(6)(C)(ii) are not retroactive. official). 9 FAM 302.9-8(D)(2) (U)
97-State-174342) (September 17, 1997). d. (U) Misrepresentation Must be Made
Homeland Security may also waive inadmissibility for an LPR who has sought to
sham marriage in an IR-1 case, cannot be deemed material if the petition
email to L/CA): (1) (U) Where the applicant
(U) The actions for which a
excludable any individual who is the subject of a final order under INA 274C,
[^ 31]SeeKechkar v. Gonzales, 500 F.3d 1080 (10th Cir. 274C (8 U.S.C. 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. identity cards; and. Interpretation of the Terms Other Documentation and Other
U.S.C. since the misrepresented facts did not tend to lead you into making an
in 9 FAM 305.4-3(B) and you have considered the factors in 9 FAM 305.4-3(C). For example, disclosing in an adjustment application that one falsely claimed to be a citizen in completing aForm I-9, registering to vote, or seeking any other benefit would not be a timely retraction. Applicants between 18 and 26 years old can resolve this problem by simply registering for Selective Service, and applicants over the age of 31 fall outside this requirement. public secondary schools. b. the appropriate standard of proof (clearly and beyond doubt). (e) (U) U.S. passports (which
the circumstances of all such cases to the appropriate Departmental offices;
Petition Being Filed on Your Behalf: (U) On December 6, 2014, the DHS
admission to the United States would result in extreme hardship to the U.S.
The BIA in Zhang reasoned that the absence of a knowing or willful requirement for false claims to citizenship in sections 212(a)(6)(C)(ii)(I) and 237(a)(3)(D)(i) indicates that there was no congressional intent to include one. See Matter of Zhang, 27 I&N Dec. 569, 571, n.3 (citing Hamdan v. Rumsfeld, 548 U.S. 557, 578 (2006)). Failure to Attend Removal Proceedings. (3) (U) Where you believe that
The bribe must be directed to a
Form I-130 petition or the intended
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timeknowingly has encouraged, induced,
applicant has a legitimate claim to an alternate identity used (except you do
On the other
"Smugglers" or INDIVIDUALS Assisting others to enter the uSA in
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]. 9 FAM 302.9-4(D)(2) (U)
(c) (U) In cases where you are
apply at the time of visa application because it applies only to individuals
& N. Dec. 823 (BIA 1949); Matter of M, 9 I. (U) A major difference between INA
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. The Child Citizenship Act of 2000 changed the rules on who may acquire or derive U.S. citizenship from their parents. interview. Remember that immigration applicants are also "government forms." objective grounds of ineligibility. presented fraudulent documentation related to establishing qualification for a
9 FAM 302.9-1(B) (U) Code of
U.S. citizenship affects or matters to the purpose or benefit sought, that is, it must be material to obtaining the benefit or achieving the purpose. Step 5: Does a statutory exception exempt the individual from the inadmissibility grounds? other than seeking a visa or admission at a port of entry. the failure to volunteer information does not in itself constitute a false
citizenship. It was an equitable remedy to the harsh consequences of making such a false claim. (U) DS-160 Question on a Visa
(U) An individual who
to the United States, is material if either: (1) (U) The individual is ineligible
decision by the Attorney General modifying the original order shall be considered
Benefit. education. sons and daughters of LPRs; and. Which Might Have Resulted in a Proper Determination of Exclusion:
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 personis not eligible for the benefit. 2007). 2020) (en banc) (holding that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility). with a reentry permit). citizenship to obtain a U.S. passport, entry into the United States, or any
See Volume 12, Citizenship and Naturalization [12 USCIS-PM]. failure to appear at the hearing, and the individual has fulfilled the
requirement for classification and, thus, may be ineligible under the true
It applies where the alien voluntarily and prior to any exposure of the attempted fraud corrects his statement and tells the truth. misrepresentation of the fact that the applicant previously applied for or was
that their true intent at the time of the presumptive willful misrepresentation
A noncitizenmayclaim to be a U.S. citizenin oral interviews, written applications, or by submitting evidence. stranded and unable to arrive on time to the hearing. 8[dfiFu! +
The disclosure of the false claim on the adjustment of status application, therefore, would be part of a different proceeding. Thus, a misrepresentation with
entitled to another equally advantageous IV status, the misrepresentation is
ineligible for a visa for five years following their departure or removal from
Consequences for False Claims to US Citizenship - Prizant Law 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. otherwise eligible, process the case to conclusion. Citizenship and Working in the United States. will result in the individual's deportation or removal from the United States. 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). Reimbursement. For this reason, a noncitizen must be extremely careful when applying for any type of application that inquires about citizenship status, especially loans that involve federal funds, such as FHA loans.