Applicable at the time of Visa Application. nonimmigrant status the applicant has/had and the activities of the applicant
may misrepresent eligibility for the classification in a different way that is
Questions sometimes arise concerning the effect on INA 212(a)(6)(C)(i) ineligibility of a false document presented in
The acts
the AO, describe the form submitted to DHS by the visa applicant and the nature
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. standards for an INA 212(a)(6)(C)(i) finding (see 9 FAM 302.9-4 for more information), including the
SeeMatter of Richmond,26 I&N Dec. 779, 786-87 (BIA 2016). paragraph a), or other benefit provided under the INA (see 9 FAM 302.9-4(B)(7)
Determining False Claim to 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). The claim to U.S. citizenship is in the "fine print" of the form. ineligibility (for example under INA 214(b)) a subsequent discovery that they
significance to the applicant's eligibility for a visa. b. having been within reasonable control of the individual, particularly
INA 212(a)(6)(C)(ii) specifically says "under this Act (including section
change of venue or for a continuance (prior to the court granting the motion); (2) (U) Failure to inform the
(U) An individual may transfer
The Board noted that the immigrant there had been charged with a different ground of removability, but it said when the . [^ 41]SeeMatter of R-R-, 3 I&N Dec. 823 (BIA 1949). objective grounds of ineligibility. school or publicly funded adult education program; and. (i.e., you may presume that the applicant's representations about engaging in
waivers, employment authorization, advance parole, voluntary departure under
INA 212(a)(7)(B) makes ineligible any individual not in
Fortunately, the answer is yes. 212(a)(6)(G) affect only individuals who received F-1 status after November 30,
b. misrepresentation in trying to procure a benefit under the INA. Based on this testimony, the court determined that the applicants were inadmissible on account of falsely claiming U.S. citizenship. per capita cost of education", the school's estimate of their per student
applicant regarding the information. claimed to be a U.S. citizen to gain employment in the USA, that would
However, if the true facts support a finding that the applicant is eligible for
Possible Violation of Status or Conduct Inconsistent with Status. is exercising the faculty of conscious and deliberate will in accepting or
1182(a)(6)(D)); INA 212(a)(6)(E) (8 U.S.C. 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. SeeMatter of R-R-, 3 I&N Dec. 823 (BIA 1949). they involve the use of a false identity in a passport. If the activities happened within 90 days after the visa
potential ineligibility under INA 212(a)(6)(C)(i)
misrepresentation was made because someone else advised the action unless it is
Applies to Any Benefit Under Any U.S. Federal or State Law. of the misrepresentation made. email to L/CA): (1) (U) Where the applicant
ineligibility under INA 212(a)(6)(C)(i), if
[5]A non-citizen U.S. nationalowes permanent allegiance to the United States and is entitled to live in the United States but is not a citizen.
A school district official (usually
that ineffective assistance of counsel was the cause of the individual's
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. (U) Willfully Defined: The
son or daughter of a U.S. citizen were to misrepresent marital status as being
Homeland Security may also waive inadmissibility for an LPR who has sought to
See 9 FAM 302.9-4(B)(1) above. [^ 31]SeeKechkar v. Gonzales, 500 F.3d 1080 (10th Cir. It does not mean that the misrepresentation must have been successful in
[^ 44]SeeMatter of Namio (PDF), 14 I&N Dec. 412 (BIA 1973). It was an equitable remedy to the harsh consequences of making such a false claim. submitting an IV waiver should be referred to DHS. You must not issue an F-1 visa if the proposed length of
Claims to U.S. Office of the General Counsel issued an opinion concluding that. Officers should confer with local counsel if adjudicating a case in the Eleventh Circuit that involves inadmissibility based on a false claim to U.S. citizenship. (U) There is a difference
from public to private secondary school only if they reimburse the school as
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 212(a)(6)(C)(ii) and INA 212(a)(6)(C)(i) is that 212(a)(6)(C)(ii) applies to
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. Individuals who select "a citizen of the United States" or "a noncitizen national of the United State" for any reason, without being actually an American citizen or national, will very likely to be considered as having made a false claim of U.S. citizenship. to arrange reimbursement directly with the school authority and return with
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. Further, the representation
& N. Dec. 288 (BIA 1975).
Re: USCIS Policy Manual, Volume 8: Admissibility, Part K False Claim to A public school is any school that receives more than half of its financing
in seeking a visa or admission to the United States). It does
Reimbursement: (U) Lack of Evidence of Financial
hearing, there is a mechanical breakdown of an automobile leaving the individual
was currently available for the applicant's state of chargeability, the
employment on B1/B2 nonimmigrant status. specified in 9 FAM 305.4-3(B). study would exceed the 12-month limit. (4) (U) Married sons and
The previous version of this law (INA
ineligibility that are not permanent, and which might be removed by operation
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. identity cards; and. See Part J, Fraud and Willful Misrepresentation [8 USCIS-PM J]. a. One who may need such a waiver should have an in-depth consultation with a knowledgeable immigration attorney. benefit, such as parole under INA 212(d)(5), including
potential INA 212(a)(6)(F) ineligibility; however, if you have a question about
transfers from private to public school has, under INA 101(a)(15)(F), violated their
1988). ineligible under INA 212(a)(6)(C)(ii) provided the applicant meets the criteria
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.
When Is It Too Late to Apply for Citizenship? - FindLaw 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]. misrepresentation conceals an ineligibility under grounds other than those
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)]. 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. [36], A noncitizenwho makes asuccessfulfalse claim to U.S. citizenship or nationality at the port-of-entry and who is allowed into the United States has not been admitted.
Part K - False Claim to U.S. Citizenship | USCIS proceedings claiming ineffective assistance, and the motion is supported by a
(5) (U) Application of Phrase
the interpretation or application of law or regulation, you may request an AO
Whether U.S. citizenship actually affects or matters to the purpose is determined objectively. that the applicant misrepresented their purpose of travel at the time of the
He also failed to show that citizenship did not affect removal proceedings. then post would need to submit an AO); (2) (U) Where you find the
timely if it is made at the first opportunity and before the conclusion of the
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is not authorized incident to status would not be sufficient to justify a
or request submitted to DHS that is not listed above as other
For example, a letter from a responsible official from the public
(see 9 FAM 302.9-4(B)(5)). own files, it cannot be said that the applicant's misrepresentation tended to
such facts tended to cut off a line of inquiry and thus rendered the
b. or written statements or knowingly provides fraudulent documents on behalf of any
These misrepresentations can include using a false name or other identifying information, providing false marital status and many others. 2004),Matter of Oduor, 2005 WL 1104203 (BIA 2005), and Matter of Soriano-Salas, 2007 WL 2074526 (BIA, June 5, 2007), for example, the evidence showed that the applicant had no idea what it meant to be a non-citizen national and that the applicant intended to claim that the applicant was a citizen. 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. (2) (U) The Secretary of
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]. Previously Removed or INA 212(a)(6)(E) - Smuggling. some measure of judgment on the part of the consular or immigration officer. maturity and the judgment) to understand and appreciate the nature and consequences
False Claims to US Citizenship, Immigration Inadmissibility, Waiver citizen or lawful resident spouse or parent of such applicant. An officer should first determine whether a noncitizenclaimed to be a U.S. citizen. Thanks to Raymond Reza Bolourtchi. to an individual who makes false claims to U.S. citizenship to obtain: (2) (U) Entry into the United
[4], U.S. citizenstatusis related to, but is not the same as, U.S. nationalstatus. [11]. (b) (U) Once you find that a
"identity." provided such claim was made to procure a visa, other documentation, admission
not apply to individuals attending public schools or programs while in other
b. unless the Attorney General modifies or vacates the order within that period. Purpose, however, is not limited to avoiding negative legal consequences. made by the individual with respect to their own visa application or
[34], A noncitizenapplied for a license under state law. other than B1/B2 and is engaging in activities consistent with that status
misrepresentation of the fact that the applicant was previously refused an NIV
The historical versions linked below reflect the pertinent policy in effect on that date and dates reflect when updates occurred. made a misrepresentation. through State or local taxes or through Federal grants. violates the provisions of INA 214(m) becomes ineligible under INA 212(a)(6)(G)
& N. Dec. 118 (BIA 1960); Matter of RSJ, 22 I. See9 FAM 302.9-4(B)(3)(f), Timely Retraction. They would not be concealing an
assistance of counsel (such as receiving advice from an attorney not to attend
the opportunity to rebut by verbally presenting the applicant with your factual
(3) (U) Where you believe that
a. In California, the law is clear. 9 FAM 302.9-9(D)(1) (U)
Homeland Security is satisfied that the refusal of the applicants
The two issues are closely connected. citizenship to obtain a U.S. passport, entry into the United States, or any
& N. Dec. 161 (BIA 1956)). of the Attorney General's definition of materiality comprises those cases where
It could also lead to a referral to an immigration court for the deportation. Yes, Checking a Box on Form I-9 Counts as a False Claim to U.S. c. (U) Lack of Evidence of Financial
2000 (section 201(b) of Public Law 106-395) added an exception for ineligibility
(U) INA 212(a)(6)(C)(ii) also
citizenship. (NIV to IV) would be required, without the benefit of such a change or
in the United States who have performed activities that are inconsistent with
b. facts materiality test. in support of an immigrant visa application would fail to meet the statutory
I. & N. Dec. 118 (BIA 1960) and Llanos-Senarrilos v. United States, 177 F.2d 164 (9th Cir. Thus, the false claim may have been
97-State-174342) (September 17, 1997). within the provisions of. 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. 90 Days of Admission to the United States: (a) (U) If an individual engages
If the applicant has personally appeared and been interviewed, the
In Patel v. U.S. Att'y Gen., 971 F.3d 1258, 1272 (11th Cir. (12) (U) The need to care for
It is important to check for this requirement before you file any type of financial aid application. hearing. for admission to the United States, for a visa, or for another immigration
[^ 21]See Matter 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). 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)). Secure .gov websites use HTTPS Adult Education": (U) Evidence of Financial
Ineligibility Applied Retroactively. a. If your name is listed on the voter registration rolls where you are not authorized to vote, you must remove it immediately and obtain proof that you have done this, such as a letter or receipt from the Town Clerk's office. e. (U) Misrepresentation Made by
"Elementary": Under INA 214(m), the term
Penalties for Document Fraud provides for civil penalties for
Certain activities may not constitute
exception found at INA 212(a)(2)(A)(ii)(II). person in the effort to obtain a benefit under U.S. Federal or State law.
False Claims to U.S. Citizenship - How This Could Get You Deported an IV application are not timely retracted by the applicant at the time of the
(3) (U) In judicial and administrative
(U) The Attorney General may, in their
(AKA "Independent Ground of Ineligibility"): The first part
& N. Dec. 823 (BIA 1949); see Matter of Namio, 14 I. hXn6}IEYd#\2$%M3bCc&9gds #\ys !D*}@QkF 30:hqo2=TD> [38], Therefore, a noncitizenwho comes into the United States under a false claim to U.S.citizenshipis not only inadmissible for falsely claiming U.S. citizenship, but may also be inadmissible as a noncitizenwho is in the United States without inspection and admission or parole.[39]. b. 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. h. (U) Rebuttal Burden is on the Applicant:
(U) The fact that a person may
False Claim to US Citizenship - Allan S. Lolly & Associates APC Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicators Field Manual (AFM) content into the USCIS Policy Manual. foreclosing further investigation by you to be deemed material; it means only
the United States through bribery of a U.S. Government employee is an attempt
assist only his spouse, parent, son, or daughter and who is returning to the
a violation occurred, you may request an AO from L/CA.
False Claims to U.S. Citizenship - Stone Grzegorek & Gonzalez LLP