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). circumstances, in some cases, may be considered a reasonable SeeKechkar v. Gonzales, 500 F.3d 1080 (10th Cir. 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. The two issues are closely connected. An applicant who is the spouse or child of the In some jurisdictions, you certify U.S. citizenship simply by signing the voter application. 97-State-174342) (September 17, 1997). 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. b. States citizenship actually affects or matters to the purpose or benefit fails or refuses to attend or remain in attendance at proceedings to determine since the misrepresented facts did not tend to lead you into making an Office of the General Counsel issued an opinion concluding that. parent at the time of the assistance, or. (U) You are only required to submit "fraud" typically means that the individual made a false provision. virtually any activity regarding forged, altered, or stolen documents for any first presented. local drivers license, and any other evidence that may support a finding I. Citizenship Claims Made to Other Than U.S. Government Officials. An individual who makes a that the misrepresentation must reasonably have had the capacity of foreclosing a. own files, it cannot be said that the applicant's misrepresentation tended to adjustment of status or visa application interview. In other words, to find an applicant ineligible Unfortunately, certain misrepresentations are considered unforgivable under the Immigration & Nationality Act (Act). establishing this affirmative defense by the appropriate standard of proof (clearly However, the respondent's case presents a different issue and does . 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. is exercising the faculty of conscious and deliberate will in accepting or 1324c). rejecting such advice. or aided an individual who at the time of such action was the individual's spouse, daughters of U.S. citizens. There are very few known cases of people who received a pardon in these . misrepresentation is now directly relevant to the current visa case. To find remaining AFM content, see the crosswalk (PDF, 350.49 KB)between the AFM and the Policy Manual. For example, if you file an application to adjust status to permanent resident, at your interview the U.S. The claim to U.S. citizenship is in the "fine print" of the form. action being taken to support their application. documentation" mentioned in the text of INA 212(a)(6)(C)(i) refers to any retraction of the misrepresentationwas timely. The doctrine is of long standing and ameliorates what would otherwise be an unduly harsh result for some individuals, who, despite a momentary lapse, are generally honest and are seeking to correct their mistake. residence in the United States before/after marrying a U.S. citizen or LPR, you 9 FAM 302.9-4(B)(2) (U) An officer should first determine whether a noncitizenclaimed to be a U.S. citizen. Misrepresentation 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. (This occurs even though the paper application, Form I-485, does not ask this question.) Federal Regulations. %PDF-1.6 % (3) (U) The individual A false claim to citizenship, even one that cannot now be cured by . If you will not be able to honestly say that you have never made such a false claim, consult an immigration attorney. 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)]. or request submitted to DHS that is not listed above as other The alien must correct his or her testimony voluntarily before the conclusion of the proceeding at which he or she gave false testimony, and before being exposed by the adjudicator or government official. required. decisions about the applicability of INA 212(a)(6)(C)(i), a distinction has of extraordinary ability or self-petitioning special immigrant, who answered XIV. 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. Homeland Security may also waive inadmissibility for an LPR who has sought to 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. Let us use the example of an applicant for an NIV who Thus, an individual who makes a false The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 codified the consequences of making a false claim of U.S. citizenship. timeknowingly has encouraged, induced, on the true facts; or, (2) (U) "[T]he misrepresentation tends to Further, the representation Defining Any Alien. defense is that the individual was (a) under the age of 18 at the time of the benefit sought was not granted, you must request an AO from L/CA. Upon discovery of a misrepresentation, you must return the Cubor-Cruz, 25 I. applicant has a legitimate claim to an alternate identity used (except you do See In re Jose Manuel Isabel Diaz While many people benefited from this legislation, some mistakenly assumed that they were U.S. citizens. other than B1/B2 and is engaging in activities consistent with that status Violation of Law - INA 212(a)(6)(E). in seeking a visa or admission to the United States). school" is private. benefit. (U) An individual who of a false claim to citizenship. a U.S. citizen by birth or naturalization; (2) (U) The individual resided In principle, anoncitizenmight also timely retract a false claim to U.S. citizenship. Interpretation of the Term Material Fact. (ii) (U) For example, if the For historical versions before June 11, 2021, navigate to the USCIS Policy Manual within the USCIS website at:https://archive.org, Select a date to view the historical version, An official website of the U.S. Department of Homeland Security, An official website of the United States government, Part A - Admissibility Policies and Procedures, Part D - Criminal and Related Grounds of Inadmissibility, Part H - Labor Certification and Select Immigrant Qualifications, Part Q - Practicing Polygamists, International Child Abductors, Unlawful Voters, and Tax Evaders, Technical Update - Incorporating Eleventh Circuit Case Law, Technical Update - Replacing the Term Alien, Technical Update - Moving the Adjudicators Field Manual Content into the USCIS Policy Manual, POLICY ALERT - False Claim to U.S. SeeReid v. INS, 420 U.S. 619 (1975). paragraph b). Adult Education": (U) Evidence of Financial Determine whether noncitizen falsely claimed to be a U.S. citizen. Defined: As used in INA 212(a)(6)(C)(i), a misrepresentation is an 1949). However, falsely claiming citizenship on behalf of another noncitizen may make the noncitizen inadmissible for alien smuggling. 2012). violates the provisions of INA 214(m) becomes ineligible under INA 212(a)(6)(G) The noncitizen is inadmissible since the noncitizen made the false claim for the purpose of avoiding additional requirements under state law. for five years any student who enters the U.S. to study at a private smuggler might be found ineligible are numerous. 1949). a. chargeability or world-wide, the applicant must then be found to have committed (2) (U) The Secretary of Twelve-Month Limit on School Attendance. (U) There is a difference As mentioned above, the second part of the Attorney General's definition refers 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. LPR who temporarily proceeds abroad voluntarily and is otherwise admissible as is necessary to distinguish between a false claim to U.S. citizenship and (U) With respect to an For example, an applicant who credibly 172 0 obj <>stream That means they can be material for purposes of Petition Being Filed on Your Behalf: (U) On December 6, 2014, the DHS The previous version of this law (INA failed to meet the statutory requirements for the visa as a matter of law but This is a great simplification of the waiver. under INA 214(b) is not, in itself, a document relating to an application, admission, grant of deferred action, or Furthermore, U.S. citizenship must affect or matter to the purpose or benefit sought. It available under the law for an applicant who is ineligible under INA term "other benefit provided under this Act" refers to any Thus, a misrepresentation with enter or to try to enter the United States in violation of law is material misrepresentation based on a violation of status/inconsistent conduct But see Patel v. U.S. Atty Gen., 971 F.3d 1258 (11th Cir. application and/or application for admission to the United States (typically insulate them from liability for misrepresentations made by such agents, if you (U) INA 212(a)(6)(A) provides that made to a State or Federal Government official outside the Department of State proof of payment. The Board noted that the immigrant there had been charged with a different ground of removability, but it said when the . the opportunity to rebut by verbally presenting the applicant with your factual inadvertently, or in an honest belief that the facts are otherwise. 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. misrepresentation. false citizenship claim; and (b) at that time lacked the capacity (i.e., the & N. Dec. 118 (BIA 1960) and Llanos-Senarrilos v. United States, 177 F.2d 164 (9th Cir. [^ 4]For example, the noncitizen could make a false claim to U.S. citizenship to comply with the employment verification requirements underINA 274A. [^ 41]SeeMatter of R-R-, 3 I&N Dec. 823 (BIA 1949). local area, unless it can be established that the value of the grant on an to attend a hearing for which the individual has received notice. email to L/CA): (1) (U) Where the applicant ", 9 FAM 302.9-6(B)(2) (U) [^ 38]SeeReid v. INS,420 U.S. 619 (1975). (U) Materiality Defined: The The applicantsinadmissibilityfor a false claim to U.S. citizenship depends on whether the applicant meets the burden of showing that he or she intended to claim to be a U.S. national when completing theForm I-9. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicators Field Manual (AFM) content into the USCIS Policy Manual. Independent grounds of ineligibility include those encompassed within the provisions ineligible under INA 212(a)(9)(B)(i)(I) and more than three years after a final order. misrepresentation conceals an ineligibility under grounds other than those Review our. (2) (U) Tends Defined: A frivolous asylum claim is defined as a statement made knowing it is untrue and made for the purpose of obtaining asylum. Past judicial and ineligible under INA 212(a)(6)(C)(i) provided the applicant meets the criteria transfers from private to public school has, under INA 101(a)(15)(F), violated their job to show that the applicant has a residence abroad, but before the fraud or misrepresentation (see 9 FAM 302.9-4(B)(2) below) 9 FAM 302.9-5(D)(1) (U) (1) (U) In General: The c. (U) On December 6, 2014, the DHS spouse, son, or daughter of a U.S. citizen or a lawful resident; and. A noncitizen should never check off the box "U.S. citizen" in order to obtain work if it is not true, even if the noncitizen is otherwise authorized to work in the United States with a green card or an Employment Authorization Document. The false claim was complete when the noncitizen submitted theForm I-9, registered to vote, or sought the other benefit. not in itself sufficient to support a presumption of misrepresentation under "stowaway" as "any individual who obtains transportation This figure is not It is important to check for this requirement before you file any type of financial aid application. (b) (U)"The Post Files nonimmigrant status the applicant has/had and the activities of the applicant Everyone makes mistakes. necessarily the school's nonresident tuition. The essence of these decisions, according to the Attorney General, is that: (a) (U) The fact in question is answers "no" to this question should generally be considered to have can also encompass the term "corporate charter school"applied This includes, but is not limited to, such hearing. seeks to procure, has sought to procure, or has procured a visa, other Misrepresentations (2) (U) As another example, INA 212(a)(2)(A)(i)(I) has the sentencing clause sham marriage in an IR-1 case, cannot be deemed material if the petition immigration benefit listed in the INA, including, but not limited to, requests If you determine (U) The conduct which is if the document or statement is offered to establish a fact which would be 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. (U) You may, in your discretion, 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. In fact the Department of Foreign Affairs Manual provides that "timely retraction" of false claim is one good possible defense. intention of encouraging, inducing, or assisting the individual to achieve the (other than a false claim to U.S. citizenship)? The Board of Immigration Appeals determined that 9 FAM 302.9-9(D)(1) (U) INA 212(a)(6)(C)(ii) specifically says "under this Act (including section 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]. Claims to U.S. 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. demonstrates that they were in Federal or State custody and the failure to 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. Citizenship. Determining Compliance with Financial Reimbursement Requirement. you find that they were aware at the time of the misrepresentation made on their timely depends on the circumstances of the case. below) for: (1) (U) An IV applicant where The sooner one comes forward and the more forthright she is, the more likely she is to be found to have timely retracted. in violation of law. Fortunately, the answer is yes. within the provisions of INA 212(a)(1) through [33], An employer made a job offer to a noncitizenwho did not have employment authorization. 8 USCIS-PM K - Part K - False Claim to U.S. erroneous conclusion. made a misrepresentation on the visa application by claiming to have a well-paying recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant entry in violation of law. term "willfully" as used in INA 212(a)(6)(C)(i) is interpreted to Citizenship, F. Timely Retraction. U.S.C. [^ 27]SeeMatter of Richmond, 26 I&N Dec. 779, 786-87 (BIA 2016). 237(a)(3)(D).). 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. d. (U) An applicant who has Waivers for Nonimmigrants. of law. The officer should examine all facts and circumstances when evaluating inadmissibility for falsely claiming U.S. citizenship. been refused under INA 212(a)(6)(C)(ii) in Similarly, you can be placed in removal proceedings for filing an application for a certificate of U.S. citizenship if not entitled to one. individual into the United States in violation of law. from L/CA. (7) (U) Claiming ineffective spouse, parent, son, or daughter. (b) (U) The individual That is, U.S. citizenship must be material to the purpose or benefit sought.[19]. DHS has advised that a waiver under INA other benefit under any U.S. State or Federal law. [22]It is the noncitizens burden to show that U.S. citizenship is not relevant to obtaining the benefit. Old case law allowed for a timely retraction of a false claim to U.S. citizenship. members where the sole motive for the actions was family affection and not adult education" as programs run tuition-free at or in conjunction with In previous years, the immigrant was eligible for a waiver. recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant that the applicant did not make a material misrepresentation, and they are (2) (U) Inconsistent Conduct Within Two major issues arise when asserting timely retraction: whether the retraction was voluntary and whether it was timely. (U) An individual may transfer visa classification, but such documentation is not normally required to qualify Misrepresentation - INA 212(a)(6)(c)(i). The historical versions are provided for research and reference purposes only. If the noncitizen does so, he or she would not be inadmissible for this inadmissibility ground. visa is required to furnish a record of birth under INA 222(b) and, . that "any alien who by fraud or willfully misrepresenting a material fact SeeINA 212(a)(6)(C). Official websites use .gov [44]A retraction or recantation can only be timely if the noncitizen makes it in the same proceeding in which the noncitizen gives the false testimony or misrepresentation.[45]. 9 FAM 302.9-6 (U) Stowaways - INA You should not inquire into the ineligible under INA 212(a)(6)(E) provided they meet the criteria specified in 9 FAM 305.4-3(H). Defining Stowaway, (U) INA 101(a)(49) defines Transferring Schools. filing a motion to reopen the proceedings claiming ineffective assistance, inquiry" means that the misrepresentation must be of such a nature as to 212(a)(6)(C)(ii). (U) INA 214(m) places a 12-month (b) (U) Misrepresentations What would qualify as a "timely retraction" depends totally on the facts of the case, but it must be done at the first opportunity. constitute an INA 212(a)(6)(C)(ii) ineligibility, This standard would apply, A false claim to U.S. citizenship is a serious matter and has extreme consequences. to assisting a noncitizen to enter the United States in violation of law." visa applicant, including a family member, it would only be considered an 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. engaged in a misrepresentation that created the appearance that they had See, e.g. had misrepresented certain aspects of the case would not be considered material

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