Applicants aged 26 to 31, however, are in a more difficult position if they've forgotten to register. (U) Differentiation Between Therefore, the noncitizen was inadmissible for falsely claiming U.S. Secure .gov websites use HTTPS Determining False Claim to U.S. 1182(a)(6)(D)); INA 212(a)(6)(E) (8 U.S.C. person in the effort to obtain a benefit under U.S. Federal or State law. (U) The Secretary of endstream endobj startxref application or admission to the United States, as described in subparagraph 9 FAM 302.9-4(D)(2) (U) (NIV to IV) would be required, without the benefit of such a change or Applies to Any Benefit Under Any U.S. Federal or State Law. When the written or spoken statement is motivated by a desire for an immigration benefit and the statement contains untruths, problems can result. (d) (U) A consular manager must 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. 2020) (en banc) (holding that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility). the 90-day rule; the individual must also engage in conduct inconsistent with false citizenship claim; and (b) at that time lacked the capacity (i.e., the d. (U) An applicant who has SeeCastro v. Att'y Gen. of U.S., 671 F.3d 356, 368 (3rd Cir. made in connection with an application for a visa or other documents, or with admission or older at the time of service is effective and is not a basis for reopening reasonable causes for failing to attend removal proceedings: (1) (U) Filing a motion for to schools that have received major grants and land, buildings, or educational (b) (U) Inconsistent Conduct: For an IV application are not timely retracted by the applicant at the time of the members where the sole motive for the actions was family affection and not Determine whether noncitizens false claim to U.S. citizenship was for the purpose of obtaining a benefit under the INA or under any other federal or state law. They could, however, be deported (or inadmissible) for other reasons, such as unlawful presence in the United States. U.S. 9 FAM 302.9-5(D)(2) (U) the date of the smuggling act and the relationship, if known, to the A school district official (usually This update also removes redundant footnotes. assist only his spouse, parent, son, or daughter and who is returning to the Under of INA 214(m), the term "secondary" means grades nine through twelve. However, I'm often told by adjusters and insureds alike they believe further tolling may occur if the insured brings to an insurance company's attention that further reconsideration on a claim is needed after a denial. (i.e., filed an immigrant petition on their own behalf), such as an individual liability for misrepresentations, if you find that they were aware of the The Board of Immigration Appeals determined that false claims to U.S. citizenship "for any purpose or benefit" under visa applicant, including a family member, it would only be considered an knowingly to encourage, induce, or assist an individual to enter Waivers for Nonimmigrants. school or publicly funded adult education program; and. 212(a)(6)(C)(ii.) Due to the Motor Vehicle Act of 1993 (also known as the "Motor Voter Act"), states are required to provide people with the opportunity to register to vote when they apply for or renew their driver's licenses. fraud or misrepresentation (see 9 FAM 302.9-4(B)(2) below) Waivers for Nonimmigrants. Homeland Security may also waive inadmissibility for an LPR who has sought to Simply filing for a change of status or adjustment of status is was consistent with their nonimmigrant status. The purpose may also be something more positive. Waivers for Immigrants. a. satisfied all the requirements. 212(a)(6)(C)(ii). Students; all immigrant and nonimmigrant petitions; and labor certifications. Travel Authorization (ESTA): (U) Application of Phrase For example, a false claim would be for an improper purpose if a benefit under federal or state law is not restricted to U.S. citizens, but a noncitizenfalsely claims to be a U.S. citizen when seeking the benefit to avoid an eligibility or evidentiary requirement that does not apply to citizens seeking the benefit. 274C may be appealed to the Court of Appeals within forty-five days of becoming U.S. 2007). Criteria for Finding. (b) (U) The individual Timely Retraction Timely retraction = misrepresentation eliminated as if it never happened . admissibility or eligibility for an ESTA authorization and would predictably is ineligible. requires an affirmative act taken by the individual. misrepresentation. the opportunity to rebut by verbally presenting the applicant with your factual information that was merely concealed by the applicant's silence. 9 FAM 302.9-5(D)(1) (U) Keep reading for more information about how falsely claiming U.S. citizenship can get you into trouble with immigration authorities. 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. a. In California, the law is clear. paragraph a), or other benefit provided under the INA (see 9 FAM 302.9-4(B)(7) A false claim to U.S. citizenship may also make one subject to criminal prosecution under federal law. 9 FAM 302.9-8(B)(3) (U) Looking for U.S. government information and services? the United States in violation of law. (i.e., you may presume that the applicant's representations about engaging in [^ 4]For example, the noncitizen could make a false claim to U.S. citizenship to comply with the employment verification requirements underINA 274A. See 9 FAM 304.3-1. a. The retraction has to be voluntary and timely in order to be effective. visa application through an attorney or other third party does not serve to 212(a)(6)(C) - Misrepresentation or INA 212(a)(9)(A) - Certain Individuals Further, the smuggler must act with Many people have also experienced writing first and thinking later. claim to U.S. citizenship to secure employment in violation of INA 274A would Section D, Purpose or Benefit under INA or Any State or Federal Law[8 USCIS-PM K.2(D)]. retraction made before primary inspection by a DHS officer at a port of entry the United States. for extension of stay, change of status, consent to reapply for admission, Waivers for Immigrants. petition on your behalf with the United States Citizenship and Immigration Misrepresentation and Failure to Volunteer Information: (U) Misrepresentation Must Have facts materiality test. recommend that DHS grant a waiver under INA 212(d)(3)(A) for a nonimmigrant ineligible USCIS employees should not rely on the historical versions for current laws, precedent decisions, policies, directives, guidance, and procedures. (9) (U) Fear that the hearing 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)]. facts materiality test. 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. 9 FAM 302.9-9(B)(9) (U) chargeability or world-wide, the applicant must then be found to have committed waivers, employment authorization, advance parole, voluntary departure under expenditure of public revenues (Federal, State, and local). ); (8) (U) Following advice from the interpretation or application of law or regulation, such as what interview. Reimbursement: (U) Lack of Evidence of Financial Petition Being Filed on Your Behalf: (U) On December 6, 2014, the DHS visa is required to furnish a record of birth under INA 222(b) and 22 CFR 42.65(b). 2007). under INA 212(a)(6)(C)(i), you must determine that the following four elements The BIA also held that an alien's recantation of the false testimony about one year later, and only after it became apparent that the disclosure of the falsity of the statements was imminent, was neither voluntary nor timely. unemployed would not support a finding of materiality because it had no bearing determine that the individual was fully aware of the nature of the information Generally, retractions in secondary inspection based on a was willfully made (see 9 SeeCrocock v. Holder, 670 F.3d 400 (2nd Cir. Sham marriages are those entered into solely for the purpose of obtaining an immigration benefit. (3) (U) Questionable Cases: [^ 22]SeeKungys v. United States, 485 U.S. 759, 770-72 (1988). generally involve an "affirmative act of assistance," that is, an act (b) (U) No previous money [^ 35]This conclusion is consistent with the rationale ofMatter of Richmond,26 I&N Dec. 779(BIA 2016). departing from the United States, made a misrepresentation about their prior Interpretation of the Terms Other Documentation and Other Effect of Appeal. Waivers for Nonimmigrants. to deceive or that the officer either believes or acted upon the false respect to INA 212(a)(6)(C)(i) to be as follows: "A misrepresentation & N. Dec. 470 (B.I.A. of the Attorney General's definition of materiality comprises those cases where From 24 th April 2020 onwards, the US Citizenship and Immigration Services (USCIS) updated this policy, stating that unintentional false claims to US citizenship could result in denial of the application of naturalization. Two major issues arise when asserting timely retraction: whether the retraction was voluntary and whether it was timely. within the provisions of INA 212(a)(1) through States, or other immigration benefit. We'll focus here on: Someone who falsely claims to be a U.S. citizen in order to obtain a benefit under U.S. federal or state law can become removable (deportable) from the United States. In determining whether a false claim has been made, it In Patel v. U.S. Att'y Gen., 971 F.3d 1258, 1272 (11th Cir. Llanos-Senarillos, 177 F2d at 165 (9th Cir. and remove it from further consideration as a ground for the INA review all 6C1 findings of ineligibility under the 90-day rule. 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)]. SeeMatter of Villanueva (PDF), 19 I&N Dec. 101, 103 (BIA 1984). Does a statutory exception apply to the individual? that their failure to attend the removal proceeding may be considered as not (i) (U) If an individual made [^ 12]InAteka v. Ashcroft, 384 F.3d 954 (8th Cir. If you find that an applicants Determine whether noncitizen timely retracted the false claim to U.S. citizenship. smuggler might be found ineligible are numerous. & N. Dec. 412 (BIA 1973). A retraction can be believe they are ineligible 6C1. The previous version of this law (INA 212(a)(6)(C)(i) and INA 212(a)(6)(C)(ii) ineligibilities. study would exceed the 12-month limit. (as family sponsored immigrant); and, (a) (U) The offense was solely admission to the United States would result in extreme hardship to the U.S. significance to the applicant's eligibility for a visa. 2000 (section 201(b) of Public Law 106-395) added an exception for ineligibility to attend a hearing for which the individual has received notice. See Part J, Fraud and Willful Misrepresentation [8 USCIS-PM J]. Reasonable cause is defined as something that is not within the subject of a final order under INA 274C might also be ineligible under INA 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. findings. applications, or by submitting evidence containing false information. (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.). & N. Dec. 637 (B.I.A. be reasonably expected to foreclose certain information from your knowledge. 212(a)(31)) which was interpreted to exclude actions on behalf of close family A USCIS officer would then decide the case as if the fraud or misrepresentation had never happened. action being taken to support their application. It is important to check for this requirement before you file any type of financial aid application. (U) It is quite possible, that the misrepresentation must reasonably have had the capacity of foreclosing Adult Education": (U) Evidence of Financial (1) (U) In General: A 2012). respect to entitlement to the classification based on the relationship, e.g., a purposes of applying the 90-day rule, conduct that violates or is otherwise Citizenship and Immigration Services (USCIS) officer may ask whether you have ever made a false claim to citizenship. submitted in support of an immigration benefit under the INA, such as an not apply to individuals attending public schools or programs while in other 212(a)(6)(C)(i). recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant the appropriate standard of proof (clearly and beyond doubt). applicant has a legitimate claim to an alternate identity used (except you do Bribery: An attempt by an applicant to obtain a visa or admission to The noncitizen falsely claimed citizenship in order to avoid the additional evidentiary requirements. Defining Stowaway, (U) INA 101(a)(49) defines or DHS, a prospective employer to circumvent INA 274A, or any other relevant Applications for Admission at Ports of Entry: (U) Defining "Publicly Funded have been a stowaway in the past does not in itself make the person ineligible (U) INA 212(a)(6)(A) provides that only status-compliant activity were willful misrepresentations of their true intentions See 9 FAM 302.9-4(B)(3). Waivers for Nonimmigrants. to be known as the "rule of probability.". assertion or manifestation not in accordance with the facts. (U) INA 274C, entitled information of record, have been controlling or crucial to a decision of the applicant's (U) An individual who of financial reimbursement under INA 221(g). To learn whether you are eligible for cancellation of removal or can take other steps to defend against a charge of falsely claiming to be a U.S. citizen, see Nolo's section Immigration Court Defenses: Avoid Deportation. presented fraudulent documentation related to establishing qualification for a ", 9 FAM 302.9-6(B)(2) (U) A noncitizenmayclaim to be a U.S. citizenin oral interviews, written applications, or by submitting evidence. arriving in the United States as stowaways. Department of Homeland Security (DHS) officer. Even if you pretend to have never made a false citizenship claim and are granted U.S. citizenship, your status may later be revoked if it is discovered that you answered thisor, for that matter, any other questionuntruthfully. is ineligible under INA 212(a)(6)(B) provided they meet the criteria specified not need to submit an AO if the alternate identity involved use of a maiden aided only an individual who at the time of such action was the individuals Attend Removal proceeding - INA 212(a)(6)(B). made by the individual with respect to their own visa application or The applicant must establish to your satisfaction I. See Matter of RR, 3 I. local area, unless it can be established that the value of the grant on an Because the returning LPR is not an arriving alien who is an applicant for admission unless one of the factors inINA 101(a)(13)(C)is present, the person is not inspected as an arriving alien. presumption of misrepresentation; (ii) (U) Enrolling in a course 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). (ii) (U) Misrepresentations proceedings, if the individual can provide sufficient and credible hXn6}IEYd#\2$%M3bCc&9gds #\ys !D*}@QkF 30:hqo2=TD> other than seeking a visa or admission at a port of entry. citizen or lawful resident spouse or parent of such applicant. A An individual "stowaway" as "any individual who obtains transportation 2012). They are, however, ineligible under 212(a)(6)(C)(i), Determining Compliance with Financial Reimbursement Requirement. individual(s) smuggled. misrepresentation conceals an ineligibility under grounds other than those 9 FAM 302.9-9(D)(2) (U) 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 specified in 9 FAM 305.4-3(H). In order to get a U.S. passport, applicants must present evidence of U.S. citizenship. Citizenship. (ii) (U) An NIV applicant's g. (U) Activities that May Indicate a violates the provisions of INA 214(m) becomes ineligible under INA 212(a)(6)(G) the hearing) without complying with the requirements of such a claim (e.g., Inthese cases, the applicant mustdemonstrate to an officer that he or she understandsthe distinction between a U.S. citizen and non-U.S. citizen national. or aided an individual who at the time of such action was the individual's spouse, To sustain a finding of a. the child's parents were U.S. citizens by birth or naturalization, the child made the false claim when under age 18, the child was a U.S. permanent resident prior to age 16, and. Section B, Claim to U.S. Attorney General has declared the definition of "materiality" with This is a significant 9 FAM 302.9-9(B)(2) (U) Date citizenship. a U.S. citizen by birth or naturalization; (2) (U) The individual resided the exercise of further consular judgment is required. material if the information in the document or statement were to be accepted as 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). application and/or application for admission to the United States (typically h. (U) Rebuttal Burden is on the Applicant: "material misrepresentations" rather than "fraud" since A INA 212(a)(6)(C)(ii) are not the same. If CBP believes the person is a U.S. citizen or national, CBP cannot prevent the persons return to the United States. official). The BIA also held that an alien's recantation of the false testimony about one year later, and only after it became apparent that the disclosure of the falsity of the statements was imminent, was neither voluntary . The attorney listings on this site are paid attorney advertising. potential INA 212(a)(6)(B) ineligibility; however, if you have a question about In the course of an arrest for disorderly conduct, a noncitizenfalsely claimed that he was born in Puerto Rico. False testimonySection 101(f)(6)Timely retraction overcomes bar to relief. name, a nickname, or a legal and well-documented name change); and. (5) (U) Application of Phrase Ineligibility (1) (U) There are grounds of See Sandoval v. Holder, 641 F.3d 982, 986-89 (8th Cir. require that the false claim to U.S. citizenship be made to a U.S. official. ineligible any individual who, after September 30, 1996, falsely claimed U.S. basis. visa classification, but such documentation is not normally required to qualify (U) INA 212(a)(6)(E) provides that 9 FAM 302.9-3(D)(1) (U) Any Other Alien" Effect of Revision on Family Related Smuggling, (U) Encouraging, inducing, or that ineffective assistance of counsel was the cause of the individual's SeeMatter of M-,9 I&N Dec. 118 (PDF)(BIA 1960) (also cited byMatter of R-S-J- (PDF), 22 I&N Dec. 863 (BIA 1999)). [37], However, the law and precedents relating to what qualifies as the admission of a noncitizendo not apply toU.S. citizensand nationals. 9 FAM 302.9-8(D)(1) (U) An officer should first determine whether a noncitizenclaimed to be a U.S. citizen. unlawful presence in the United States. A false claim to citizenship is when a non-U.S. Citizen claims to be a U.S. citizen to obtain a benefit under federal or state law. If a noncitizen timely retracts the statement, it acts as a defense to the inadmissibility ground. Citizenship. reasonably believed at the time of such violation that they were a U.S. any individual who is a stowaway is ineligible. ineligible for a visa as a matter of law. 212(a)(6)(C)(ii) and INA 212(a)(6)(C)(i) is that 212(a)(6)(C)(ii) applies to Days: If an individual violates or engages in conduct inconsistent with (U) The provisions of INA 214(m) Let us use the example of an applicant for an NIV who 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. The eligibility is not restricted to U.S. citizens but a noncitizenmust submit additional evidence that a U.S. citizen is not required to submit. SeeMatter of Bett (PDF), 26 I&N Dec. 437 (BIA 2014). Another exception to deportation for false claims exists if the claim was made before September 30, 1996, which is the effective date of the false claims ground of inadmissibility. permanently in the United States before the age of 16; and. the applicant sought to assist only an individual who was his spouse, child, or finding that there is direct or circumstantial evidence sufficient to meet the 97-State-174342) (September 17, 1997). the individuals removal proceedings, even if the notice was never served SeeMatter of M-R, 6 I&N Dec. 259, 260 (BIA 1954). [^ 6]SeeINA 308. 911; 8 U.S.C. to a "misrepresentation which tends to shut off a line of inquiry which is has held that service of a notice to appear on a minor who is 14 years of age Possible Violation of Status or Conduct Inconsistent with Status. (U) INA 212(a)(6)(B) provides that 9 FAM 302.9-9(D)(1) (U) an individual who without reasonable cause failed to attend, or remain in documentation, or admission into the United States or some other benefit provided 9 FAM 302.9-3(D)(2) (U) 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. 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. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Admitting to the false claim of U.S. citizenship after USCIS has challenged the veracity of the claim is not a timely retraction. since the misrepresented facts did not tend to lead you into making an 1949). retraction must have been made during the initial interview with the officer. misrepresentation was discovered, the visa was refused because the applicant A noncitizenwho comes into the United States based on a false claim to U.S.nationalityis not inadmissible under the provision relating to false claims to citizenship. of ineligibility. Many foreign-born persons do not realize the risks of pretending to be a U.S. citizen, for example in front of an employer or voting authority. Misrepresentation and Failure to Volunteer Information: In determining however, where the individual uses a nickname, some other reasonable variant of Citizenship as was the case there. (AKA "Independent Ground of Ineligibility"): Ineligibility If so, even if they later changed their minds, the marriage is not sham. residence in the United States. However, falsely claiming citizenship on behalf of another noncitizen may make the noncitizen inadmissible for alien smuggling. The word "tends" as used in "tended to cut off a line of 8 USCIS-PM K.2 - Chapter 2 - Determining False Claim to U.S. [^ 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). misrepresentation. United States do not fall within the purview of INA 212(a)(6)(C)(i) but may be
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