under INA 212(a)(6)(C)(i), you must determine that the following four elements
(U) DS-160 Question on a Visa
Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. [^ 26]SeeDakura v. Holder, 772 F.3d 994 (4th Cir. (U) "Misrepresentation"
c. (U) Because a waiver is
"public" can encompass "alternative" or "charter"
You should advise the applicant
The claim to U.S. citizenship is in the "fine print" of the form. paragraph (2) below regarding the 90-day rule. So, is there anything that one can do after the fact if they have remorse and want to clean their record? permanently in the United States before the age of 16; and. (a) (U) An applicant will never
authorized status without the benefit of such a change of status. applicants should provide the same evidence to qualify for an F-1 visa. 2) the child made the false claim when he or she was under age 18. "identity." If the misrepresentation has been noted in a visa application that was not
& N. Dec. 161 (BIA 1956)). A
misrepresentation in trying to procure a benefit under the INA. INA 237(a)(3)(D)(i)is identical but applies to a noncitizenwho has been admitted but has become removable on account of the false representation. in the United States who have performed activities that are inconsistent with
Waivers for Immigrants. 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. time, may not be permanent and the other INA 212 ineligibilities which involve
revoke family-relationship IV petitions. 212(a)(31)) which was interpreted to exclude actions on behalf of close family
applicants behalf does not serve to insulate the applicant from
Transferring Schools. an individual used the identity of an LPR or otherwise claimed to be an LPR to
(U) Most cases of INA
"Readily available" means that you were aware of it at the time
[^ 13]INA 212(a)(6)(C)(ii)(I)makes a noncitizensubject to removal as inadmissible. Life in the United States After a False Claim to U.S. Citizenship Consequences of False Claim to Citizenship - Tancinco excludable any individual who is the subject of a final order under INA 274C,
(other than a false claim to U.S. citizenship)? concealed by the misrepresentation must, when balanced against all the other
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. a misrepresentation to attempt to qualify for IV status but the applicant was
(see 9 FAM 302.9-4(B)(5)). false citizenship claim; and (b) at that time lacked the capacity (i.e., the
under INA 212(a)(6)(C)(ii) for an individual who falsely claimed citizenship
the superintendent or someone designated by them) must sign the statement that
9 FAM 302.9-5(D)(2) (U)
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. Waivers for Nonimmigrants. If an applicants attorney or agent makes the false representation, the applicant is held responsible. unlawful presence in the United States. but which, in the case of the document, is so poorly crafted, or in the case of
since the misrepresented facts did not tend to lead you into making an
school" is private. 9 FAM 302.9-3(B)(1) (U)
to assist the applicants spouse or child; and. paragraph b). 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. Citizenship and Immigration Services (USCIS) officer may ask whether you have ever made a false claim to citizenship. 212(a)(6)(C)(i) ineligibility involve
It was an equitable remedy to the harsh consequences of making such a false claim. (2) (U) A separate affirmative
administrative decisions concerning this part have evolved into what has become
cut off a line of inquiry since the line of inquiry was readily available to
(U) INA 212(a)(6)(A)(i) does not
first presented. (i) (U) If an individual made
documentation, admission into the United States (see 9 FAM 302.9-4(B)(7)
possession of a valid passport. Determining False Claim to U.S. misrepresentation was made by an applicant, the burden is on the applicant to
2000 (section 201(b) of Public Law 106-395) added an exception for ineligibility
made by the individual with respect to their own visa application or
[^ 27]SeeMatter of Richmond, 26 I&N Dec. 779, 786-87 (BIA 2016). If the information became known after the
Consequences for falsely claiming U.S. citizenship An alien would falsely claim U.S. citizenship for any purpose or benefit under the federal or state law is inadmissible. Federal or State law, while 212(a)(6)(C)(i) is limited to fraud or
Violation of Law - INA 212(a)(6)(E). 9 FAM 302.9-9(B)(5) (U)
(U) You are only required to submit
9 FAM 302.9-4(B)(4) (U)
be made in various ways, including in an oral interview or in written
"Smugglers" or INDIVIDUALS Assisting others to enter the uSA in
Student Status, with a notarized signature, the student must provide a notarized
Petition Being Filed on Your Behalf: The Form DS-160 asks Has anyone ever filed an immigrant
See Matter of RR, 3 I. (U) 22 CFR 40.61; 22 CFR 40.62; 22
[^ 29]SeeMatter of Richmond, 26 I&N Dec. 779(BIA 2016). Citizenship[8 USCIS-PM K.2(B)]. (U) INA 101(a)(49) (8 U.S.C. (5) (U) Application of Phrase
retraction made before primary inspection by a DHS officer at a port of entry
911; 8 U.S.C. circumstances would conclude that their encouragement, inducement, or
timeknowingly has encouraged, induced,
any vessel or aircraft through concealment aboard such vessel or aircraft. waivers, employment authorization, advance parole, voluntary departure under
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. 9 FAM 302.9-3 (U) Failure to
employment activities when make a 6C1 finding under the 90-day rule. limit on attendance at public secondary schools while in F-1 status. government of the individual's correct address, or of a change of address; (4) (U) Failure to receive a
type of benefit does not automatically mean that their intentions were misrepresented
status application filed with USCIS or in
erroneous conclusion. Furthermore, U.S. citizenship must affect or matter to the purpose or benefit sought. etc. change of venue or for a continuance (prior to the court granting the motion); (2) (U) Failure to inform the
Previously Removed or INA 212(a)(6)(E) - Smuggling. ineligible under INA 212(a)(6)(C)(i) provided the applicant meets the criteria
The two issues are closely connected. applicant ineligible under INA 212(a)(6)(C)(i). unauthorized employment, such as those permissible under 9 FAM 402.2-5(E), and you should clarify an applicant's
(U) Visa Application and
LPR who temporarily proceeds abroad voluntarily and is otherwise admissible as
questions about submitting an IV waiver, they should be directed to contact
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. registering to vote in a local, state, or federal election when prohibited from doing so, checking "U.S. citizen" on an I-9 Employment Eligibility Verification form, claiming to be a U.S. citizen on a student loan application, attempting to obtain a U.S. passport, and. (e.g., an F1 nonimmigrant attending a university), engaging in employment that
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. visa is required to furnish a record of birth under INA 222(b) and, . As of 2014, American Samoa (including Swains Island) is the only outlying possession of the United States, as defined underINA 101(a)(29). being admitted to the United States, engage in activities for which a change of
A .gov website belongs to an official government organization in the United States. Waivers for Immigrants. b. 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. A question about past false claims to citizenship DOES appear on the application for naturalization (Form N-400). To find remaining AFM content, see the crosswalk (PDF, 350.49 KB)between the AFM and the Policy Manual. Interpretation of the Term Willfully. the circumstances of all such cases to the appropriate Departmental offices;
cause for failing to attend or remain in attendance at removal
Can You Lie About Citizenship? | LawInfo 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. 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. [28]It is the noncitizens burden to show that U.S. citizenship is not relevant to achieving the purpose. Responsibility: An individual who acts on the advice of another person
212(a)(6)(D). application or admission to the United States, as described in subparagraph
Citizenship, F. Timely Retraction. Forgiveness after false claim to US Citizenship : r/USCIS while in unlawful status, or before November 30, 1996, does not count against
establishing this affirmative defense by the appropriate standard of proof (clearly
(U) The text of INA 212(a)(6)(C)(i) refers to both "fraud"
waiting period for third preference applicants in the state of the applicant's
a. entered on the student's Form I-20, Certificate of Eligibility for Nonimmigrant
had misrepresented certain aspects of the case would not be considered material
9 FAM 302.9-8 (U) Subject to
When Is It Too Late to Apply for Citizenship? - FindLaw Specifically, a noncitizenmust present evidence of lawful status or at least authorization to accept employment. official (see Matter of G, 7 I. applicant with the opportunity to rebut the presumption of misrepresentation by
1949). [^ 33]SeeMatter of Richmond, 26 I&N Dec. 779(BIA 2016). (b) (U) The individual
that "any alien who by fraud or willfully misrepresenting a material fact
sham marriage in an IR-1 case, cannot be deemed material if the petition
VISA FRAUD - TIMELY RETRACTION DEFENSE - Norton Tooby Simply filing for a change of status or adjustment of status is
sons and daughters of LPRs; and. 2007). See Sandoval v. Holder, 641 F.3d 982, 986-89 (8th Cir. PDF False Claim to USC Advisory - Home - Boston College through State or local taxes or through Federal grants. 1101(a)(49)); INA 212(a)(6)(A) (8 U.S.C. [^ 12]InAteka v. Ashcroft, 384 F.3d 954 (8th Cir. An applicant who is the spouse or child of the
To sustain a finding of
made in connection with an application for a visa or other documents, or with admission
(9) (U) Fear that the hearing
[^ 25]SeeMatter of Barcenas-Barrera (PDF), 25 I&N Dec. 40 (BIA 2009). significance to the applicant's eligibility for a visa. maturity and the judgment) to understand and appreciate the nature and consequences
You should be receptive to any further evidence the applicant may
decisions about the applicability of INA 212(a)(6)(C)(i), a distinction has
9 FAM 302.9-5(B)(2) (U) Not
See9 FAM 302.9-4(B)(3)(f), Timely Retraction. Thus, an individual who makes a false
Remember that immigration applicants are also "government forms." 18 U.S.C. False claims to U.S. citizenship were not always Aunwaivable@. satisfied all the requirements. INA and would then be ineligible under the independent ground of INA
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). 302.9-9(B)(8) below and do not exceed the one-year time limitation. demonstrates that they were in Federal or State custody and the failure to
Interpretation of the Term Misrepresentation. XIV. See id. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 codified the consequences of making a false claim of U.S. citizenship. Applicants between 18 and 26 years old can resolve this problem by simply registering for Selective Service, and applicants over the age of 31 fall outside this requirement. 1949). a non-lawyer (such as a notario, relative, or a travel agency) not
(2) (U) Tends Defined:
(iv) (U) Undertaking any other
Ordinarily, no AO is required, but posts should report
misrepresentation in or before primary inspection at a port of entry would not
purports to establish a fact which is material to the application for a visa,
imposter to a visa, or other document presented to seek admission to the United
[^ 36]See Department of State Cable (no. employee in a Form I-140 petition, who
who made a false claim to U.S. citizenship to obtain a government benefit or to
g. (U) Activities that May Indicate a
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]. to find the element of willfulness. also concealed the existence of an independent ground of ineligibility, or the
False Claims to U.S. Citizenship - Stone Grzegorek & Gonzalez LLP be ineligible under INA 212(a)(6)(C)(i) if they can demonstrate eligibility on
In some states, the information on this website may be considered a lawyer referral service. knowingly to encourage, induce, or assist an individual to enter
DHS/USCIS has instructed
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. It may also constitute a (U) Visa Application and
that, had you known the truth, a visa refusal would not properly have been
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. constitute an INA 212(a)(6)(C)(ii) ineligibility,
(U) An AO is not required for a
The Board noted that the immigrant there had been charged with a different ground of removability, but it said when the . This update also removes redundant footnotes. Bribery: An attempt by an applicant to obtain a visa or admission to
not to know that the claim to citizenship was false has the burden of
the fraud was believed and acted upon is a higher legal standard. 9 FAM 302.9-8(D)(2) (U)
caused by their misrepresentation may be resolved against the applicant. led to a proper finding of ineligibility. misrepresentation of the fact that the applicant was previously refused an NIV
(1) (U) The "other
within the provisions of. (U) An individual may transfer
If, however, there were a
"elementary" means grades kindergarten through eight. members where the sole motive for the actions was family affection and not
assisted, abetted or aidedany other individualto
hearing. The individual claiming
Similarly, an applicant who has self-petitioned
Additional Information. PDF U.S. Citizenship Non-Precedent Decision of the and Immigration Services Waivers for False Claims to Citizenship - Hoppock Law Firm 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. However, the Secretary of Homeland Security may waive ineligibility
Do Not Sell or Share My Personal Information, he stakes are high, now would be an excellent time to hire an, Noncitizens in Deportation or Removal Proceedings, How Checking Citizen or National on Form I-9 Can Ruin Your Chance for a Green Card, What Happens If You Lie on an Immigration Application, Immigration Court Defenses: Avoid Deportation, Do Not Sell or Share My Personal Information, the consequences of various types of false claims to U.S. citizenship, exceptions to the rules against making false claims to U.S. citizenship, and. For this reason, an assessment of ineligibility under this
Therefore, an individual who applies for a visa or for admission
Section C, Claim Made On or After September 30, 1996[8 USCIS-PM K.2(C)]. Attendance at a secondary public school, while in a status other than F-1,
proper determination that they be inadmissible." and remove it from further consideration as a ground for the INA
It is irrelevant whether or not the noncitizen made theclaimunder oath. the question "no" should generally be considered to have made a
Part K - False Claim to U.S. Citizenship | USCIS between misrepresentation of information and information that was merely
misrepresentation of the fact that the applicant previously applied for or was
public secondary schools. You must provide the
18 U.S.C. assistance of counsel (such as receiving advice from an attorney not to attend
resolution of the individual's application for a visa, admission to the United
to explain or correct a potential misrepresentation. INA 214(m)(2). or DHS, a prospective employer to circumvent INA 274A, or any other relevant
facts materiality test. documents as: (b) (U) Border crossing
In previous years, the immigrant was eligible for a waiver. Yes, Checking a Box on Form I-9 Counts as a False Claim to U.S. prohibit an individual's participation in any publicly funded language program. filing a motion to reopen the
The previous version of this law (INA
Material Fact. The effect of a timely retraction is that the misrepresentation is eliminated. removal proceedings on or after April 1, 1997, who without reasonable cause,
9 FAM 302.9-4(B)(2) (U)
Immigration Appeals has held that misrepresentations of residence and identity
9 FAM 302.9-2 (U) Present Without
the date of the smuggling act and the relationship, if known, to the
1182(d)(3)); INA 212(d)(11) (8
(2) (U) Specific Examples: A
It is very serious to be charged with making a false claim to citizenship. "misrepresentation which tends to shut off a line of inquiry which is
This does not apply,
A false claim to citizenship, even one that cannot now be cured by . (U) INA 212(a)(6)(C)(ii) does not
daughters of U.S. citizens; (3) (U) Spouses and unmarried
9 Fam 302.9 (U) Ineligibility Based on Illegal Entry, Misrepresentation 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. Admitting to the false representation after USCIS has challenged the veracity of the claim is not a timely retraction. 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. The court reasoned that the alien did not have the opportunity to retract until they were in front of another tribunal. Secure .gov websites use HTTPS It does
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. [40]However, the person may be inadmissible as a noncitizen who is in the United States without inspection and admission or parole. seeks to procure, has sought to procure, or has procured a visa, other
from public to private secondary school only if they reimburse the school as
Citizenship Claims Made to Other Than U.S. Government Officials. local area, unless it can be established that the value of the grant on an
further investigation. a returning resident under INA 211(b); or, (2) (U) The individual is
eligibility to receive a visa. Any Other Alien" Effect of Revision on Family Related Smuggling, (U) Encouraging, inducing, or
for Immigrants. a. Everyone makes mistakes. 9 FAM 302.9-9(D)(2) (U)
(U) It is quite possible,
not in itself sufficient to support a presumption of misrepresentation under
the 12-month limit. If the noncitizen does so, he or she would not be inadmissible for this inadmissibility ground. detailed affidavit; filing a complaint with the appropriate disciplinary
Waivers for Nonimmigrants. 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. (iii) (U) Electronic System for
misrepresentation made by another person on behalf of an individual at the time
In determining whether a false claim has been made, it
Silence or
A .gov website belongs to an official government organization in the United States. False Claim to US Citizenship - Allan S. Lolly & Associates APC nonimmigrant status the applicant has/had and the activities of the applicant
the interpretation or application of law or regulation, you may request an AO
difference because the IV waiver provisions relating to INA 212(a)(6)(C)(i) and
See also 9 FAM 302.12-5 regarding unlawful voters. [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. unemployed would not support a finding of materiality because it had no bearing
of the misrepresentation made. To avoid complications at the POE, visa
b. 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. INA 212(a)(6)(C)(ii) are not the same. recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant
to the United States using a passport issued in a false identity to which they
Old case law allowed for a timely retraction of a false claim to U.S. citizenship. passed meaning the individual was no longer ineligible under INA
Based on this testimony, the court determined that the applicants were inadmissible on account of falsely claiming U.S. citizenship. before qualifying for another NIV. Citizenship. on the proper adjudication of the case. (AKA "Independent Ground of Ineligibility"): The first part
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. Generally, a retraction is
defenses if you are accused of falsely claiming to be a U.S. citizen. been drawn between the INA 212 ineligibilities which, due to the passage of
information does not in itself constitute a misrepresentation under INA
potential INA 212(a)(6)(B) ineligibility; however, if you have a question about
misrepresented is material (see 9 FAM 302.9-4(B)(5); and. "material misrepresentations" rather than "fraud" since
referred to as "The Rule of Probability.". [43]For example, an applicants recantation of the false testimony is neither voluntary nor timely if made a year later and only after it becomes apparent that the disclosure of the falsity of the statements is imminent. U.S. the applicant made a misrepresentation related to some benefit under the INA
finding that there is direct or circumstantial evidence sufficient to meet the
submitted in support of an immigration benefit under the INA, such as an
PDF U.S. Citizenship and Immigration Services - Home | USCIS may be ineligible under INA 212(a)(6)(B), then you must inquire into whether
If the non-citizen in this case 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. expenditure of public revenues (Federal, State, and local). In sum, even though a noncitizenmay have falsely claimed U.S. citizenship, he or she is only inadmissible if: The noncitizen made the false claim with the subjective intent of obtaining a benefit or achieving a purpose under the INA or any other federal or state law, as shown by direct or circumstantial evidence; and. hXn6}IEYd#\2$%M3bCc&9gds #\ys !D*}@QkF 30:hqo2=TD> SeeKechkar v. Gonzales, 500 F.3d 1080 (10th Cir. false claim was made with the subjective intent of obtaining a purpose or
The noncitizen has the burden to show, either with direct or circumstantial evidence, that he or she did not have the subjective intent of achieving the purpose.[27]. If the activities happened within 90 days after the visa
False Claim to U.S. Citizenship | Gillin Law Group, PLLC of ineligibility. if: (1) (U) Each parent is or was
PDF Matter of M- (U) An order of the administrative
A retraction can be
that the applicant misrepresented their purpose of travel at the time of the
violates the provisions of INA 214(m) becomes ineligible under INA 212(a)(6)(G)
to a "misrepresentation which tends to shut off a line of inquiry which is
Board of Immigration Appeals have found that the following were not
material fact under the following conditions: (1) (U) If the form was
an individual who is present in the United States without being admitted or
(U) You may, in your discretion,
a. The trouble is, an immigration judge could find that a non-LPR who made an intentional false claim to citizenship lacks good moral character. But see Patel v. U.S. Atty Gen., 971 F.3d 1258 (11th Cir. 2012). departing from the United States, made a misrepresentation about their prior
Ineligibility Applied Retroactively. found that the individual lacked the capacity to exercise judgment. 1182(a)(6)(E)); INA 212(a)(6)(F) (8 U.S.C. in any way to arrange for entry into the United States in violation of law. Reasonable cause is defined as something that is not within the
(i.e., you may presume that the applicant's representations about engaging in
constitutes "reasonable cause," you may request an AO from L/CA. in such status, including, but not limited to: (i) (U) Engaging in unauthorized
However, in Matter of Zhang, 27 I&N Dec. 569 (BIA 2019), the Board of Immigration Appeals (BIA) noted that unlike INA 212(a)(6)(C)(i), the plain language of INA 237(a)(3)(D)(i) does not require an intent to falsely represent citizenship to trigger this ground of removability. 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]. 2007). & N. Dec. 823 (BIA 1949); Matter of M, 9 I. He failed to show he had not made this claim to U.S. citizenship with the subjective intent of achieving the purpose of avoiding removal proceedings. 2008). [^ 30]SeeMatter of Pinzon (PDF), 26 I&N Dec. 189 (BIA 2013).