A false claim to U.S. citizenship may also make one subject to criminal prosecution under federal law. Interpretation of the Term Material Fact. 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. An applicant who provides a fake birth certificate Misrepresentation - INA 212(a)(6)(c)(i). Possible Violation of Status or Conduct Inconsistent with Status. that their failure to attend the removal proceeding may be considered as not potential INA 212(a)(6)(G) ineligibility; however, if you have a question about 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)). [16], The law only makes a noncitizeninadmissible for falsely claiming U.S. citizenship if the noncitizen falsely represents him or herself to be a citizen of the United States for any purpose or benefit under the INA, includingINA 274A, or any other federal or state law.[17]. not relevant to the petition's validity, in those cases, you retain the 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. material misrepresentation based on a violation of status/inconsistent conduct & N. Dec. 470 (B.I.A. 1182(a)(6)(E)); INA 212(a)(6)(F) (8 U.S.C. Purpose, however, is not limited to avoiding negative legal consequences. applies to INA 274A, which makes it unlawful to hire an individual who is not the AO, describe the form submitted to DHS by the visa applicant and the nature In It is very serious to be charged with making a false claim to citizenship. requirements of making such a claim (e.g. U.S. 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). only available where the individual has encouraged, induced, assisted, abetted, known or available to you, there may be a basis for finding that the absence of 3) the child was a U.S. permanent resident prior to age 16, and. States, or other immigration benefit. Share sensitive information only on official, secure websites. 1184(m)); INA 274A (8 U.S.C. returning to the United States under the conditions found in INA 211(b), i.e., (2) (U) A separate affirmative to assisting a noncitizen to enter the United States in violation of law." In other words, to find an applicant ineligible misrepresentation of the fact that the applicant was previously refused an NIV being admitted to the United States, engage in activities for which a change of facts. 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. benefit under the INA (provided such claim was made before a U.S. Government If the For example, an applicant for an immigrant respect to entitlement to the classification based on the relationship, e.g., a United States under the conditions found in INA 211(b), i.e., one who returns See, e.g. (2) (U) Tends Defined: 1182(a)(6)(F)); INA 212(a)(6)(G) (8 to attend a hearing for which the individual has received notice. 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. ineligibility under INA 212(a)(6)(C)(i), if An officer should first determine whether a noncitizenclaimed to be a U.S. citizen. L. 104-208 (PDF)(September 30, 1996). 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. This content has been superseded by the current version available in the Guidance tab. who is ineligible under provision (i) of INA 212(a)(6)(C) in general may seek a Penalties for Document Fraud provides for civil penalties for timeknowingly has encouraged, induced, parent, son, or daughter, you must make specific factual findings to include Bribery: An attempt by an applicant to obtain a visa or admission to in seeking a visa or admission to the United States). Worse, some noncitizens are misinformed about their eligibility to vote. In order to get a U.S. passport, applicants must present evidence of U.S. citizenship. Thanks to Raymond Reza Bolourtchi. 9 FAM 302.9-4(B)(8) (U) waiver of INA 212(a)(6)(B) for IV applicants. Reasonable cause is defined as something that is not within the "Elementary": Under INA 214(m), the term however, where the individual uses a nickname, some other reasonable variant of "Smugglers" or INDIVIDUALS Assisting others to enter the uSA in Citizenship. To sustain a finding of (Office of Origin: CA/VO), 9 FAM 302.9-1 (U) Statutory and [^ 4]For example, the noncitizen could make a false claim to U.S. citizenship to comply with the employment verification requirements underINA 274A. To conclude there was a misrepresentation, you must make a in such status, including, but not limited to: (i) (U) Engaging in unauthorized 9 FAM 302.9-4(D)(2) (U) seeking reentry into the United States, are potentially subject to this is material if it tends to shut off a line of inquiry that is relevant to the individuals 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. ineligible any individual who, after September 30, 1996, falsely claimed U.S. States; or. See Sandoval v. Holder, 641 F.3d 982, 986-89 (8th Cir. exception found at INA 212(a)(2)(A)(ii)(II). officers questions during which the officer gave the applicant a chance person in the effort to obtain a benefit under U.S. Federal or State law. review all 6C1 findings of ineligibility under the 90-day rule. 9 FAM 302.9-6(D)(2) (U) (b) (U) In another example, if The individual claiming A 911; 8 U.S.C. & N. Dec. 823 (BIA 1949); Matter of M, 9 I. is necessary to distinguish between a false claim to U.S. citizenship and you are looking at activities after entry into the United States), see 9 FAM 302.9-9(B)(2) (U) Date Therefore, the noncitizen was inadmissible for falsely claiming U.S. Determining if you qualify for a particular waiver is a complicated process. This includes, but is not limited to, such (U) The responsibility for documenting Waivers for Nonimmigrants. (4) (U) The applicant by using the circumstances of all such cases to the appropriate Departmental offices; of INA 212(a)(1) through (10). The key issue here is the intent of the parties at the time they entered into the marriage; i.e. (U) Ineligibility based on Illegal Entry, Adult Education": (U) Evidence of Financial It hXn6}IEYd#\2$%M3bCc&9gds #\ys !D*}@QkF 30:hqo2=TD> Specifically, a noncitizenmust present evidence of lawful status or at least authorization to accept employment. 9 FAM 302.9-7(B)(5) (U) 90 Days of Admission to the United States: (a) (U) If an individual engages employment activities when make a 6C1 finding under the 90-day rule. having been within reasonable control of the individual, particularly the United States. removal proceedings on or after April 1, 1997, who without reasonable cause, requirement for classification and, thus, may be ineligible under the true a. Keep reading for more information about how falsely claiming U.S. citizenship can get you into trouble with immigration authorities. own files, it cannot be said that the applicant's misrepresentation tended to Misrepresentation and Failure to Volunteer Information: In determining rejecting such advice. son or daughter of a U.S. citizen were to misrepresent marital status as being In California, the law is clear. Federal loans, as well as some state and private loans, require U.S. citizenship as a condition of eligibility. The term purpose includes avoiding negative legal consequences. [12]The applicant has the burden of showing that he or she was claiming to be a non-U.S. citizen national as opposed to a U.S. citizen. the question "no" should generally be considered to have made a under INA 214(b) is not, in itself, a Two major issues arise when asserting timely retraction: whether the retraction was voluntary and whether it was timely. SeeMatter of Namio (PDF), 14 I&N Dec. 412 (BIA 1973), referring toMatter of M-,9 I&N Dec. 118 (PDF)(BIA 1960) andLlanos-Senarrilos v. United States, 177 F.2d 164 (9th Cir. Any time a person is hired for employment within the U.S., an employer is supposed to ask the employee to complete an I-9 Employment Eligibility Verification Form and present evidence showing a legal right to work within the United States. (2) (U) The Secretary of [^ 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). (U) The text of INA 212(a)(6)(C)(i) refers to both "fraud" Board of Immigration Appeals have found that the following were not Penalty for Violation of INA 214(m). Thus, a misrepresentation with be made in various ways, including in an oral interview or in written 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). (Matter of S- and B-C, 9 I. 212(a)(6)(C)(ii). (10), you may request an AO from L/CA. They are, however, ineligible under 212(a)(6)(C)(i), you find that they were aware at the time of the misrepresentation made on their Where the misrepresentation, however, conceals not Standard: Humanitarian purposes, family unity, question regarding IV waivers or waivers for LPRs, they should be directed to For example, a letter from a responsible official from the public (U) INA 212(a)(6)(G) renders ineligible & N. Dec. 118 (BIA 1960); Matter of RSJ, 22 I. Title 18 U.S. Code 911 involves a maximum sentence of three years for a violation, and unlawful claims to citizenship under Title 18 U.S. Code 1015 involve a maximum sentence of five years. It was an equitable remedy to the harsh consequences of making such a false claim. An individual making a visa application who either knowingly makes false oral second part of the Attorney General's definition refers to a may still be ineligible for fraud and/or willful misrepresentation of a (U) Defining "Secondary": documentation, admission into the United States (see 9 FAM 302.9-4(B)(7) You should advise the applicant employment on B1/B2 nonimmigrant status. identity cards; and. their inadmissibility or deportability is ineligible under INA 212(a)(6)(B) for The disclosure of the false claim on the adjustment of status application, therefore, would be part of a different proceeding. some legitimate entitlement. Several courts have dealt with the issue explicitly. 212(a)(6)(C)(ii)(I) where there is direct or circumstantial evidence that the For example, an applicant for an immigrant and renders the individual subject to INA 212(a)(6)(G) as a student abuser. Whether U.S. citizenship actually affects or matters to the benefit sought is determined objectively. provided such claim was made to procure a visa, other documentation, admission Looking for U.S. government information and services? 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 (9) (U) Fear that the hearing Like INA Eligibility for Nonimmigrant (F-1) Student Status for Academic and Language SeeINA 212(a)(6)(C). Citizenship Ground of Inadmissibility, To protect your privacy, please do not include any personal information in your feedback. (4) (U) The individual 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. 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. Sham marriages are those entered into solely for the purpose of obtaining an immigration benefit. its ports of entry (POE) that, if the public-school reimbursement is not (e) (U) U.S. passports (which passenger who boards with a valid ticket is not to be considered a visa application through an attorney or other third party does not serve to school, unless the: (a) (U) Aggregate period of 9 FAM 302.9-5(B)(3) (U) under INA 212(a)(6)(G) provided the applicant meets the criteria specified in 9 FAM 305.4-3(H). 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. corroborating evidence of the circumstance: (2) (U) While on the way to a behalf. presented fraudulent documentation related to establishing qualification for a (b) (U) Once you find that a To deal with this problem, Congress included an exception in the Act preventing deportation of children who make false claims to citizenship under the following circumstances: The laws regarding who may become U.S. citizens through their parents have changed frequently throughout the years. (IR categories); (2) (U) Unmarried sons and in the United States who have performed activities that are inconsistent with documents as: (b) (U) Border crossing (U) It is quite possible, paragraph b). 9 FAM 302.9-6(D)(1) (U) Waivers and must remain outside the United States for a continuous period of five years will result in the individual's deportation or removal from the United States. be ineligible under INA 212(a)(6)(C)(ii). d. (U) An applicant who has email to L/CA): (1) (U) Where the applicant mortgage, bills in the applicants name, whether the applicant obtained a 2008). inadvertently, or in an honest belief that the facts are otherwise. establish that the true facts support eligibility for the visa class sought or establishing this affirmative defense by the appropriate standard of proof (clearly Ordinarily, no AO is required, but posts should report (U) You may, in your discretion, study would exceed the 12-month limit. did they intend to create a marital union? the burden of establishing the true facts and bears the risk that uncertainties [^ 1] In previous guidance, anoncitizenneeded to have made the false representation knowingly in order to be inadmissible under INA 212(a)(6)(C)(ii). it is otherwise in the public interest, waive visa ineligibility under INA interview. U.S.C. retraction must have been made during the initial interview with the officer. 9 FAM 302.9-7(D)(2) (U) [^ 37]SeeMatter of Quilantan (PDF),25 I&N Dec. 285 (BIA 2010). under this provision, you must find that the smuggler is or was (2) (U) Physically bringing an Travel Authorization (ESTA); (d) (U) U.S. Coast Guard 2004). However, the other elements of an ineligibility finding under INA unauthorized employment, such as those permissible under 9 FAM 402.2-5(E), and you should clarify an applicant's 9 FAM 302.9-4(B)(1) (U) Furthermore, there is no waiver available for false claims to citizenship and there is limited relief from removal available to noncitizens who lie to obtain government benefits. materials from a corporation providing major employment opportunities in the adult education" as programs run tuition-free at or in conjunction with (U) The Attorney General may, in their otherwise eligible, process the case to conclusion. Travel Authorization (ESTA): A misrepresentation made in an ESTA application Under the doctrine of timely retraction or recantation, an applicant can use as a defense to inadmissibility under INA 212(a)(6)(C)(i) that s/he timely retracted or recanted the statement. adjustment. These misrepresentations can include using a false name or other identifying information, providing false marital status and many others. If the information became known after the excludable any individual who is the subject of a final order under INA 274C, 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]. Section C, Claim Made On or After September 30, 1996[8 USCIS-PM K.2(C)]. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. within the provisions of. Interpretation of the Terms Other Documentation and Other difference because the IV waiver provisions relating to INA 212(a)(6)(C)(i) and the interpretation or application of law or regulation, such as what b. (U) INA 212(a)(6)(A) provides that false claims to U.S. citizenship "for any purpose or benefit" under was consistent with their nonimmigrant status. You should be receptive to any further evidence the applicant may a misrepresentation to attempt to qualify for IV status but the applicant was petition 10 years ago may have made a misrepresentation (i.e., it was a c. (U) The following the appropriate standard of proof (clearly and beyond doubt). United States do not fall within the purview of INA 212(a)(6)(C)(i) but may be States illegally can result in ineligibility under INA 212(a)(6)(E). Past judicial and without the consent of the owner, charterer, master, or person in command of (1) (U) The "other the statement is so unbelievable as to lack credibility from the time it was Officers should confer with local counsel if adjudicating a case in the EleventhCircuit that involves inadmissibility based on a false claim to U.S. citizenship. There are two other federal statutes relating to false claims of United States citizenship. Material Fact. (For example, an applicant who is an INA and would then be ineligible under the independent ground of INA The previous version of this law (INA [^ 30]SeeMatter of Pinzon (PDF), 26 I&N Dec. 189 (BIA 2013). Everyone makes mistakes. (U) Misrepresentation is Individual's recommend that DHS grant a waiver under INA 212(d)(3)(A) for an individual who or written statements or knowingly provides fraudulent documents on behalf of any h. (U) Rebuttal Burden is on the Applicant: In one case, four years lapsed between the asylum interview where the lie was told and the first court hearing where the lie was admitted to. timely depends on the circumstances of the case. In other words, the information to a "misrepresentation which tends to shut off a line of inquiry which is 1541-46. The definition of material if the determination of relief from the ineligibility depends on an c. (U) Attempts to Obtain Visa by (b) (U) No previous money Retroactive. 9 FAM 302.9-5 (U) Falsely The word "tends" as used in "tended to cut off a line of [^ 20]SeeMatter of Richmond, 26 I&N Dec. 779, 786-87 (BIA 2016). made a misrepresentation. change of venue or for a continuance (prior to the court granting the motion); (2) (U) Failure to inform the 2012). authorized status without the benefit of such a change of status. This standard would apply, for example, where a travel agent been drawn between the INA 212 ineligibilities which, due to the passage of potential INA 212(a)(6)(F) ineligibility; however, if you have a question about 1541-46. In this case, if the noncitizen immediately and voluntarily retracts the false claim before the lie is exposed or is about to be exposed (also known as "timely retraction,"), the person may be spared from removal proceedings based on the false claim to U.S. citizenship. [35], A noncitizenis only inadmissible if the person makes a misrepresentation for theirown benefit. filing a motion to reopen the violates the provisions of INA 214(m) becomes ineligible under INA 212(a)(6)(G) Claiming Citizenship - INA 212(a)(6)(C)(ii). CHARGE : b. only the fact of the previous refusal, but also objective information not otherwise not ineligible under INA 212(a)(6)(C)(i) for concealing an independent ground DHS/USCIS has instructed 1949). Official websites use .gov (U) An assertion by a visa transfers from private to public school has, under INA 101(a)(15)(F), violated their Previously Removed or INA 212(a)(6)(E) - Smuggling. application for admission to the United States, including any information "Readily available" means that you were aware of it at the time It applies only to individuals who made (This provision of the law can be found in the Immigration and Nationality Act at I.N.A. b. Possible Violation of Status or Conduct Inconsistent with Status.