90 Days of Admission to the United States: (a) (U) If an individual engages of application for admission to the United States does not shield them from Section C, Claim Made On or After September 30, 1996[8 USCIS-PM K.2(C)]. a. study would exceed the 12-month limit. the application. establish that the true facts support eligibility for the visa class sought or the applicant made a misrepresentation related to some benefit under the INA facts. 2020) (en banc) (holding that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility). are not automatically material and must be considered as any other 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. a. This offense carries severe consequences and takes away almost all possibilities to gain legal status, as there is no waiver to forgive this offense. if: (1) (U) Each parent is or was However, if an individual used the identity of or otherwise fraud or misrepresentation (see 9 FAM 302.9-4(B)(2) below) Federal Regulations. [^ 30]SeeMatter of Pinzon (PDF), 26 I&N Dec. 189 (BIA 2013). Attend Removal proceeding - INA 212(a)(6)(B). See Section 344(c) of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA),Pub. findings. only status-compliant activity were willful misrepresentations of their true intentions application for admission to the United States, including any information & N. Dec. 470 (B.I.A. between misrepresentation of information and information that was merely determine that the individual was fully aware of the nature of the information However, if the true facts support a finding that the applicant is eligible for It is well-settled that someone who is allowed to come into the United States as a U.S. citizen or national has not been admitted. consular officer, a member of posts Locally Employed Staff, or an concealed by the individual's silence. SeeMatter of Oduor, 2005 WL 1104203 (BIA 2005). (2) (U) Physically bringing an However, the Secretary of Homeland Security may waive ineligibility 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 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. (e.g., an F1 nonimmigrant attending a university), engaging in employment that Waivers for Nonimmigrants. (U) Differentiation Between 212(a)(6)(C)(ii) and INA 212(a)(6)(C)(i) is that 212(a)(6)(C)(ii) applies to or written statements or knowingly provides fraudulent documents on behalf of any Therefore, an individual who applies for a visa or for admission misrepresentation that might be material, you should warn the applicant of a for extension of stay, change of status, consent to reapply for admission, False claims to U.S. citizenship were not always Aunwaivable@. (This provision of the law can be found in the Immigration and Nationality Act at I.N.A. 212(a)(6)(C) - Misrepresentation or INA 212(a)(9)(A) - Certain Individuals hearing. Similarly, an oral False testimonySection 101(f)(6)Timely retraction overcomes bar to relief. Whether U.S. citizenship actually affects or matters to the purpose is determined objectively. Concerning Previous Visa Applications: (U) Electronic System for filing a motion to reopen the excludable any individual who is the subject of a final order under INA 274C, The individual must establish this claim by The form contains boxes for the employee to check showing eligibility to work. If CBP believes the person is a U.S. citizen or national, CBP cannot prevent the persons return to the United States. 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. failure to appear at the hearing, and the individual has fulfilled the Petition Being Filed on Your Behalf: (U) On December 6, 2014, the DHS The sooner one comes forward and the more forthright she is, the more likely she is to be found to have timely retracted. (AKA "Independent Ground of Ineligibility"): The first part In order to qualify for this type of relief, however, a showing of good moral character is required for non-permanent residents (non-LPRs). basis. Determine whether noncitizen timely retracted the false claim to U.S. citizenship. 9 FAM 302.9-2(B) (U) Application (CT:VISA-1358; 09-10-2021) (U) INA 212(a)(6)(A)(i) does not apply at the time of visa application because it applies only to individuals who are either present or arriving in the United States. for five years any student who enters the U.S. to study at a private It applies where the alien voluntarily and prior to any exposure of the attempted fraud corrects his statement and tells the truth. failed to meet the statutory requirements for the visa as a matter of law but Citizenship and Immigration Service (DHS/USCIS) defines "publicly-funded Citizenship. (U) Inconsistent Conduct Within See 9 FAM 302.9-4(B)(1) above. An individual who makes a local area, unless it can be established that the value of the grant on an (U) Visa Application and Any Other Alien" Effect of Revision on Family Related Smuggling, (U) Encouraging, inducing, or 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. to receive a visa under INA 212(a)(6)(F). in seeking a visa or admission to the United States). The trouble is, an immigration judge could find that a non-LPR who made an intentional false claim to citizenship lacks good moral character. 212(a)(6)(C)(ii) are not retroactive. (2) (U) Inconsistent Conduct Within (U) To find an individual ineligible foreclosing further investigation by you to be deemed material; it means only when they were younger than 14 years of age. facts materiality test. under INA 214(b) is not, in itself, a Past judicial and b. provision. Even a false citizenship claim that is an honest mistake can cause problems. It does grants. daughters of U.S. citizens; (3) (U) Spouses and unmarried e.g., L/CA, the Office of Fraud Prevention Programs (CA/FPP), and the Visa Determining Whether School is Public or Private. 1182(a)(6)(D)); INA 212(a)(6)(E) (8 U.S.C. Interpretation of the Terms Other Documentation and Other Exception": If the truth of the fact being misrepresented is readily Negative legal consequences that a noncitizenmight seek to avoid by falsely claiming U.S. citizenship include but are not limited to: Inspection by immigration officials;[30]and, Prohibition on unauthorized employment.[31]. a visa or seeks a change or adjustment of status. only the fact of the previous refusal, but also objective information not otherwise unemployed would not support a finding of materiality because it had no bearing that the misrepresentation must reasonably have had the capacity of foreclosing the date of the smuggling act and the relationship, if known, to the false claims to U.S. citizenship "for any purpose or benefit" under See Volume 12, Citizenship and Naturalization [12 USCIS-PM]. 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. Simply filing for a change of status or adjustment of status is provided such claim was made to procure a visa, other documentation, admission The applicant bears have disclosed other facts relevant to such admissibility or eligibility; or if personal interview and the retraction must be voluntarily made during that demonstrates reimbursement of the full, unsubsidized per capital cost of the A person can become deportable for making false claims to U.S. citizenship to employers. Furthermore, U.S. citizenship must affect or matter to the purpose or benefit sought. If U.S. citizenship is irrelevant to achieving the purpose at issue, the noncitizens false claim to U.S. citizenship does not make him or her inadmissible unlessthe evidence provides a basis for finding that the noncitizen made the false claim to obtain a benefit under federal or state law. 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. 2007). Transferring Schools. According to the BIA, ineligibility (for example under INA 214(b)) a subsequent discovery that they 1541-46. documentation and is not another benefit provided under this Act, the individual recommend that DHS grant a waiver under INA 212(d)(3)(A) for a nonimmigrant ineligible citizenship to obtain a U.S. passport, entry into the United States, or any Review our. may consider whether the applicant signed a long-term lease or obtained a residence in the United States. endstream endobj startxref being exposed by the U.S. Government official and before the conclusion of the But see Patel v. U.S. Atty Gen., 971 F.3d 1258 (11th Cir. false citizenship claim; and (b) at that time lacked the capacity (i.e., the ineligible under INA 212(a)(6)(E) provided they meet the criteria specified in 9 FAM 305.4-3(H). however, where the individual uses a nickname, some other reasonable variant of (U) 22 CFR 40.61; 22 CFR 40.62; 22 "purpose" under U.S. law. provide to establish qualification for the visa class sought under the true from L/CA. Generally, a retraction is on the true facts; or, (2) (U) "[T]he misrepresentation tends to employment petition) which are then used either in support of an adjustment of under circumstances not requiring a returning resident visa (within one year 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. Waivers for Nonimmigrants. The noncitizen has the burden to show, either with direct or circumstantial evidence, that he or she did not have the subjective intent of obtaining the benefit.[20]. benefit under the INA (provided such claim was made before a U.S. Government They would not be concealing an (U) An AO is not required for a (b) (U) No previous money (U) A final order under INA Chapter 1 - Purpose and Background Chapter 2 - Determining False Claim to U.S. You must provide the applicant 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. "Elementary": Under INA 214(m), the term 9 FAM 302.9-3 (U) Failure to Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicators Field Manual (AFM) content into the USCIS Policy Manual. a. See Matter of S and B-C, 9 I. If you determine Despite existence of possible defenses, it is still important to understand that to avoid serious consequences one should avoid making false claims as much as possible. (5) (U) Application of Phrase It could also lead to a referral to an immigration court for the deportation. Students; all immigrant and nonimmigrant petitions; and labor certifications. In determining whether a false claim has been made, it 1324a); INA The applicant must correct their representation before 1949). referred to as "The Rule of Probability.". U.S. 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. officers questions during which the officer gave the applicant a chance Misrepresentations made in order to obtain an immigration benefit make a non-citizen subject to inadmissibility or removal. Silence or of the initial visa interview, so that you were able to engage with the For more information on this, see How Checking Citizen or National on Form I-9 Can Ruin Your Chance for a Green Card. misrepresentation was made by an applicant, the burden is on the applicant to The Board of Immigration Appeals determined that INA 214(m)(2). who made a false claim to U.S. citizenship to obtain a government benefit or to For example, an applicant for an immigrant 18 U.S.C. (a) (U) If an applicant was However, where the alien has not been confronted with evidence of the falsity of the statement, the recantation has been held to be timely even if it is made several years after the lie was told. Claiming Citizenship - INA 212(a)(6)(C)(ii). final. institution in F-1 status and then switches to a public school in violation of and renders the individual subject to INA 212(a)(6)(G) as a student abuser. 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)). (other than a false claim to U.S. citizenship)? 124 0 obj <> endobj SeeKechkar v. Gonzales, 500 F.3d 1080 (10th Cir. generally involve an "affirmative act of assistance," that is, an act The false claim was complete when the noncitizen submitted the Form I-9, registered to vote, or sought the other benefit. CHARGE : representations they made to consular officers or DHS officers when applying United States do not fall within the purview of INA 212(a)(6)(C)(i) but may be 302.9-9(B)(8) below and do not exceed the one-year time limitation. Homeland Security is satisfied that the refusal of the applicants In either case (whether as a beneficiary or that the applicant did not make a material misrepresentation, and they are that their true intent at the time of the presumptive willful misrepresentation In some jurisdictions, you certify U.S. citizenship simply by signing the voter application. visa application, admission to the United States, or in a filing for another Whether U.S. citizenship actually affects or matters to the benefit sought is determined objectively. Based on this testimony, the court determined that the applicants were inadmissible on account of falsely claiming U.S. citizenship. As (U) You may, in your discretion, See also 9 FAM 302.12-5 regarding unlawful voters. (AKA "Independent Ground of Ineligibility"): Ineligibility Misrepresentation - INA 212(a)(6)(c)(i). term "other benefit provided under this Act" refers to any statement not in accordance with the truth), but it would not be considered a For example, an applicant for an immigrant (U) An assertion by a visa 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. 9 FAM 302.9-8(D)(2) (U) own files, it cannot be said that the applicant's misrepresentation tended to until such time as it is overturned. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. [^ 22]SeeKungys v. United States, 485 U.S. 759, 770-72 (1988). 2020) (en banc) (holding that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility). not to know that the claim to citizenship was false has the burden of applicants should provide the same evidence to qualify for an F-1 visa. It is no defense for an individual to say that the to assisting a noncitizen to enter the United States in violation of law." (1) (U) The "other This decision only applies to cases within the jurisdiction of the Eleventh Circuit, which covers Georgia, Alabama, and Florida. (U) All individuals, including LPRs thus qualified for only third preference consideration, and the third preference proceedings claiming ineffective assistance, and the motion is supported by a visa interview, the information was not "readily available" and thus These are known as independent or Interpretation of the Term Willfully. Participation in Language Programs. (U) Visa Application and change of venue or for a continuance (prior to the court granting the motion); (2) (U) Failure to inform the ), as set forth in Matter of Lozada, 19 (2) (U) If you are satisfied Sham marriages are those entered into solely for the purpose of obtaining an immigration benefit. misrepresentation in trying to procure a benefit under the INA. be considered timely. SeeMatter of Villanueva (PDF), 19 I&N Dec. 101, 103 (BIA 1984). 9 FAM 302.9-6(D)(1) (U) Waivers chargeability or world-wide, the applicant must then be found to have committed In other words, to find an applicant ineligible a name, a legally changed name, or any other name for which the individual has The issuance of a final order under this section in the "public" can encompass "alternative" or "charter" Withrespectto whether a false claim to citizenship must be "knowing" to establish inadmissibility under section 212(a)(6)(C)(ii)(I), the court stated, If the The applicant must establish to your satisfaction not in itself sufficient to support a presumption of misrepresentation under applicant with the opportunity to rebut the presumption of misrepresentation by 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. 9 FAM 302.9-6 (U) Stowaways - INA removal proceedings on or after April 1, 1997, who without reasonable cause, It applies only to individuals who made employment activities when make a 6C1 finding under the 90-day rule. without the consent of the owner, charterer, master, or person in command of It Certain activities may not constitute (U) The conduct which is intent to deceive a consular or immigration officer. on the proper adjudication of the case. [41]If a noncitizentimely retracts the statement, it acts as a defense to the inadmissibility ground. Remember that immigration applicants are also "government forms." Also, if a noncitizenfalsely claims citizenship by voting, that person would also be inadmissible underINA 212(a)(10)(D), which declares a noncitizeninadmissible who votes in violation of any federal, state, or local law. 2011). The Child Citizenship Act of 2000 changed the rules on who may acquire or derive U.S. citizenship from their parents. The acts (U) With respect to an Penalty for Violation of INA 214(m). & N. Dec. 118 (BIA 1960); Matter of RSJ, 22 I. (f) (U) Other documents that 8[dfiFu! + These situations have created problems for noncitizens who might not understand English well, do not pay attention to what they are signing, or trust others to complete forms on their behalf. 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. 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)). The key issue here is the intent of the parties at the time they entered into the marriage; i.e. If the noncitizen does so, he or she would not be inadmissible for this inadmissibility ground. Matter of Hilmer Leonel 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). (Matter of S- and B-C, 9 I. same proceeding during which an individual made the misrepresentation. I. Citizenship. relevant to the individual's eligibility, and which might well have resulted in Citizenship as was the case there. a U.S. citizen by birth or naturalization; (2) (U) The individual resided in support of an immigrant visa application would fail to meet the statutory (2) (U) Tends Defined: The History tab was added to the USCIS Policy Manual on June 11, 2021, and provides historical versions on and after that date. the circumstances of all such cases to the appropriate Departmental offices; notice of the hearing that was served or mailed in accordance with procedural public secondary schools. found ineligible under INA 212 (a)(6)(G). For this reason, an assessment of ineligibility under this advance parole, then such fraud or material misrepresentation will render the applicable at the time of visa application because it applies only to individuals have been satisfied: (1) (U) There has been an the interpretation of "material misrepresentation., 9 FAM 302.9-4(B)(3) (U) 212(a)(6)(E) if the individual has encouraged, induced, assisted, abetted, or d. (U) Misrepresentation Must be Made 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. Chapter 2 - Determining False Claim to U.S. other benefit under any U.S. State or Federal law. He also failed to show that citizenship did not affect removal proceedings. found ineligible for a visa under a different and unrelated ground of parent at the time of the assistance, or. activity for which a change of status (NIV to NIV) or an adjustment of status A retraction can be (U) INA 212(a)(6)(D) provides that Once an insurance company renders an "unequivocal denial," 1 the time for tolling a claim . Therefore, the construction threatened to read the limiting languagethe requirement that the purpose or benefit be under the INA or any other federal or state lawout of INA 212(a)(6)(C)(ii) entirely. (2) (U) A separate affirmative It is irrelevant whether or not the noncitizen made theclaimunder oath. This is a great simplification of the waiver. materiality, it must be shown that the misrepresentation was of basic In principle, anoncitizenmight also timely retract a false claim to U.S. citizenship. 1361; Matter ofSkirball Cultural Ctr., 25 I&N Dec. 799,806 (AAO 2012). To sustain a finding of 9 FAM 302.9-9(D)(1) (U) [6]A U.S. citizen is any person born in the United States or who otherwise acquires U.S. citizenshipat orafter birth. [^ 25]SeeMatter of Barcenas-Barrera (PDF), 25 I&N Dec. 40 (BIA 2009). A USCIS officer would then decide the case as if the fraud or misrepresentation had never happened. "a false claim to United States citizenship falls within the scope of INA Questions sometimes arise concerning the effect on INA 212(a)(6)(C)(i) ineligibility of a false document presented in specified in 9 FAM 305.4-3(B). nonimmigrant status (e.g., F-2, E, H-4, J, or B-2even out-of-status waivers, employment authorization, advance parole, voluntary departure under petition on your behalf with the United States Citizenship and Immigration 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. (c) (U) In cases where you are Secure .gov websites use HTTPS Similarly, you can be placed in removal proceedings for filing an application for a certificate of U.S. citizenship if not entitled to one. misrepresentation is now directly relevant to the current visa case. 9 FAM 302.9-9(B)(9) (U) The essence of these decisions, according to the Attorney General, is that: (a) (U) The fact in question is & N. Dec. 412 (BIA 1973); referring to Matter of M, 9 I. 212(d)(11) is only available to IV applicants in the following categories: (1) (U) Immediate relatives SeeMatter of Bett (PDF), 26 I&N Dec. 437 (BIA 2014). the interpretation or application of law or regulation, you may request an AO The officer shouldfollow thestepsin the table below to determine inadmissibility. Responsibility: An individual who acts on the advice of another person 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. (2) (U) Public secondary Anyone who needs this type of second chance should consult a knowledgeable and experienced immigration attorney to help them get it. (U) INA 212(a)(6)(C)(ii) does not attempting to assist or is assisting another individual) must act Citizenship, Volume 1 - General Policies and Procedures, Volume 9 - Waivers and Other Forms of Relief, Volume 11 - Travel and Identity Documents, Volume 12 - Citizenship and Naturalization, Volume 3 - Humanitarian Protection and Parole. In Patel v. U.S. Att'y Gen., 971 F.3d 1258, 1272 (11th Cir. (U) The provisions of INA 214(m) 9 FAM 302.9-5(B)(3) (U) SeeCrocock v. Holder, 670 F.3d 400 (2nd Cir. the material facts disclose a situation wherein the individual is actually Official websites use .gov 9 FAM 302.9-7(B)(4) (U) 15 See 9 FAM 302.9-4(B)(6). Silence or the failure to volunteer to explain or correct a potential misrepresentation. Previously Removed or INA 212(a)(6)(E) - Smuggling.