%`DxEHLxX(V4|B=zfg/G}:bN_'t\Os}xHOEbg.$ND]*Jbg6Te}zjpJxj't3;Cg'S}w?.t{8Y2). must have been believed and acted upon by a consular officer or other U.S.
A retraction is timely if the individual corrects the false claim to U.S. citizenship before an immigration or government official questions the truthfulness of the statement or concludes the proceeding where the false claim was made. a returning resident under INA 211(b); or, (2) (U) The individual is
(U) DS-160 Question on a Visa
[40]However, the person may be inadmissible as a noncitizen who is in the United States without inspection and admission or parole. 9 FAM 302.9-4(D)(1) (U)
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. & N. Dec. 288 (BIA 1975). to find the element of willfulness. Certain activities may not constitute
[^ 38]SeeReid v. INS,420 U.S. 619 (1975). their nonimmigrant status more than 90 days after admission to the United
A USCIS officer would then decide the case as if the fraud or misrepresentation had never happened. 9 FAM 302.9-9(B)(6) (U)
low. in support of an immigrant visa application would fail to meet the statutory
having been within reasonable control of the individual, particularly
It
Part K - False Claim to U.S. Citizenship | USCIS misrepresentation was made because someone else advised the action unless it is
has held that service of a notice to appear on a minor who is 14 years of age
1182(a)(6)(C)); INA
detailed affidavit; filing a complaint with the appropriate disciplinary
Ineligibility
interview. reasonable causes for failing to attend removal proceedings: (1) (U) Filing a motion for
employment petition) which are then used either in support of an adjustment of
[^ 43]SeeMatter of Namio (PDF), 14 I&N Dec. 412 (BIA 1973). b. cut off a line of inquiry since the line of inquiry was readily available to
Section 291 of the Act, 8 U.S.C. indicated in 9 FAM
claim to U.S. citizenship to secure employment in violation of INA 274A would
Penalty for Violation of INA 214(m). (12) (U) The need to care for
submitted in person by the applicant, the applicant must be called in for a
It is very serious to be charged with making a false claim to citizenship. found ineligible for a visa under a different and unrelated ground of
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]. and beyond doubt). 9 FAM 302.9-3(D)(1) (U)
misrepresentation. The form contains boxes for the employee to check showing eligibility to work. applicant. demonstrates reimbursement of the full, unsubsidized per capital cost of the
persons determined by an administrative law judge to have been involved in
without a reentry permit, or within a maximum of two years with a reentry
misrepresentation conceals an ineligibility under grounds other than those
This update also removes redundant footnotes. 2020) (en banc) (holding that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility). (2) (U) Physically bringing an
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 codified the consequences of making a false claim of U.S. citizenship. 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)). applies to INA 274A, which makes it unlawful to hire an individual who is not
9 FAM 302.9-6(D)(2) (U)
found ineligible under INA 212 (a)(6)(G). Waivers for False Claims to Citizenship - Hoppock Law Firm liability for misrepresentations, if you find that they were aware of the
Standard: Humanitarian purposes, family unity, Determining False Claim to U.S. 9 FAM 302.9-1(B) (U) Code of
under INA 212(a)(6)(C)(i) due to fraud. Transferring Schools. Penalties for Document Fraud provides for civil penalties for
See Volume 12, Citizenship and Naturalization [12 USCIS-PM]. requirement for classification and, thus, may be ineligible under the true
If so, even if they later changed their minds, the marriage is not sham. the date of the smuggling act and the relationship, if known, to the
2012). sought." Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicators Field Manual (AFM) content into the USCIS Policy Manual. U.S. It does not apply to schools such as community
In addition to the situations listed above, USCIS officers have uncovered false claims to citizenship in other circumstances, such as people stating that they were U.S. citizens on federally backed mortgage applications for the purpose of buying a home. proceeding during which they made the false statement. not in itself sufficient to support a presumption of misrepresentation under
See In re Jose Manuel Isabel Diaz
(U) Defining "Secondary":
an individual who without reasonable cause failed to attend, or remain in
[^ 44]SeeMatter of Namio (PDF), 14 I&N Dec. 412 (BIA 1973). Regulatory AuthoritY, 9 FAM 302.9-1(A) (U)
Waivers for Nonimmigrants. Determining Whether School is Public or Private. was currently available for the applicant's state of chargeability, the
Worse, some noncitizens are misinformed about their eligibility to vote. SeeMatter of M-R, 6 I&N Dec. 259, 260 (BIA 1954). Waivers for Nonimmigrants, 9 FAM 302.9-7 (U)
2012). misrepresentation about a criminal conviction for a crime involving moral
necessarily the school's nonresident tuition. B-2). (b) (U) Misrepresentations
Review our. PDF False Claim to USC Advisory - Home - Boston College In others, it is necessary to check a box to indicate U.S. citizenship, but a government official (or any other person you authorize to complete the form on your behalf) may check off the box for you. 1949) (if the witness withdraws the false testimony of his own volition and without delay, and during the same hearing or examination under oath, the false statement and its withdrawal may be found to constitute one inseparable incident out of which an intention to deceive cannot rightly be drawn). 274C may be appealed to the Court of Appeals within forty-five days of becoming
(ii) (U) Misrepresentations
SeeMatter of Villanueva (PDF), 19 I&N Dec. 101, 103 (BIA 1984). of application for admission to the United States does not shield them from
with a false claim of U.S. citizenship is not ineligible under the terms of INA
they involve the use of a false identity in a passport. where it is clear that the individual will not enter the United States legally
such a change or adjustment of status. mortgage, bills in the applicants name, whether the applicant obtained a
to attend a hearing for which the individual has received notice. (U) The provisions of 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. available to you through consular systems, or through reference to the post's
application or admission to the United States, as described in subparagraph
Concerning Previous Visa Applications: (i) (U) An IV applicants
Whether the problem can be resolved and, if so, how, depends on what the untruth was and what steps the non-citizen took to correct the record. The provision for inadmissibility based on false claim to U.S. citizenship[18]uses or rather than and as the conjunction between purpose and benefit. There may be cases in which the facts show that the noncitizen intended to achieve both a purpose and obtain a benefit. imposter to a visa, or other document presented to seek admission to the United
is ineligible. the United States. citizenship to avoid removal proceedings would also qualify as a
to deceive or that the officer either believes or acted upon the false
[^ 36]See Department of State Cable (no. [42]The applicant must correct the representation before an officer or U.S. government official challenges the applicants truthfulness and before the conclusion of the proceeding during which the applicant gave false testimony. and INA 212(a)(6)(C)(ii) and confront the applicant with the
in the United States who have performed activities that are inconsistent with
chargeability or world-wide, the applicant must then be found to have committed
entry in violation of law. name, a nickname, or a legal and well-documented name change); and. Past judicial and
Effect of Appeal. made. The historical versions linked below reflect the pertinent policy in effect on that date and dates reflect when updates occurred. you are looking at activities after entry into the United States), see
assertion or manifestation not in accordance with the facts. 1988). If you find that an applicants
its ports of entry (POE) that, if the public-school reimbursement is not
for extension of stay, change of status, consent to reapply for admission,
A person who is deported on this basis becomes permanently inadmissible, meaning unable to legally return to the United States. False claims to U.S. citizenship were not always Aunwaivable@. in their discretion for humanitarian purposes, to assure family unity, or when
misrepresented is material (see 9 FAM 302.9-4(B)(5); and. This technical update to Volume 8 modifies several footnotes to note the divergence from the Board of Immigration Appeals (BIA)s decision in Matter of Richmond,26 I&N Dec. 779, 787 (BIA 2016) in the Eleventh Circuit. 1182(a)(6)(A)); INA 212(a)(6)(B) (8
(3) (U) If an individual has a
In some jurisdictions, you certify U.S. citizenship simply by signing the voter application. A question about past false claims to citizenship DOES appear on the application for naturalization (Form N-400). This figure is not
However, the Secretary of Homeland Security may waive ineligibility
Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 212(a)(6)(C)(ii) and INA 212(a)(6)(C)(i) is that 212(a)(6)(C)(ii) applies to
petition is revoked, the materiality of the misrepresentation is established. The bribe must be directed to a
In order to qualify for this type of relief, however, a showing of good moral character is required for non-permanent residents (non-LPRs). from public to private secondary school only if they reimburse the school as
false claims to U.S. citizenship "for any purpose or benefit" under
%%EOF
9 FAM 302.9-3(B)(1) (U)
(3) (U) Materiality is
Citizenship and Working in the United States. 274A) or other Federal or State law." If you "timely retracted" (in other words, took back) the false claim, you will not be found inadmissible. b. (U) You may, at your discretion,
entitled to another equally advantageous IV status, the misrepresentation is
(within one year without a reentry permit, or within a maximum of two years
Applications for Admission at Ports of Entry: (U) Defining "Publicly Funded
status or an adjustment of status would be required, without the benefit of
Noncitizens should be aware that applying for student loans can not only lead to a removal hearing, but also trigger criminal charges for theft, fraud, and other crimes that have long-term immigration consequences. ); (8) (U) Following advice from
citizen or lawful resident spouse or parent of such applicant. In order to get a U.S. passport, applicants must present evidence of U.S. citizenship. Retroactive. Similarly, you can be placed in removal proceedings for filing an application for a certificate of U.S. citizenship if not entitled to one. a visa, the misrepresented fact is not material. The trouble is, an immigration judge could find that a non-LPR who made an intentional false claim to citizenship lacks good moral character. exception found at INA 212(a)(2)(A)(ii)(II). ineligible for a visa as a matter of law. entered on the student's Form I-20, Certificate of Eligibility for Nonimmigrant
See9 FAM 302.9-4(B)(3)(f), Timely Retraction. 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. (U) The INA does not provide a
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. SeeMatter of Richmond,26 I&N Dec. 779, 786-87 (BIA 2016). misrepresentation that might be material, you should warn the applicant of a
also concealed the existence of an independent ground of ineligibility, or the
[41]If a noncitizentimely retracts the statement, it acts as a defense to the inadmissibility ground. Waivers for Nonimmigrants. If, however, there were a
facts materiality test. See Volume 12, Citizenship and Naturalization [12 USCIS-PM]. 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. grants. The waiver under INA 212(d)(12) may
SeeMatter of Pinzon (PDF),26 I&N Dec. 189 (BIA 2013). "reason to believe standard, which requires more than mere
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). (d) (U) A consular manager must
[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. Waivers for Immigrants. A false claim to U.S. citizenship is a serious matter and has extreme consequences. (10), you may request an AO from L/CA. (U) INA 212(a)(6)(C)(ii) does not
and that even if she made a false claim to U.S. citizenship, she made a timely retraction. retraction must have been made during the initial interview with the officer. Waivers for Nonimmigrants. 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. Applying INA 212(a)(6)(D). cause for failing to attend or remain in attendance at removal
that the applicant took up residence in the United States); or. A school district official (usually
1324c). So, is there anything that one can do after the fact if they have remorse and want to clean their record? Inthese cases, the applicant mustdemonstrate to an officer that he or she understandsthe distinction between a U.S. citizen and non-U.S. citizen national. financial or other gain., 9 FAM 302.9-7(D)(1) (U)
You should be receptive to any further evidence the applicant may
There are two other federal statutes relating to false claims of United States citizenship. Department of Homeland Security (DHS) officer. representation of a material fact with knowledge of its falsity and with the
requirements. (U) With respect to an
being admitted to the United States, engage in activities for which a change of
These are cases where
c. (U) Defining "Public":
to the United States, is material if either: (1) (U) The individual is ineligible
Reimbursement: The public school authority must actually collect the
prohibit an individual's participation in any publicly funded language program. until such time as it is overturned. Share sensitive information only on official, secure websites.
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