INA and would then be ineligible under the independent ground of INA
However, while a minority of states ask for proof of U.S. citizenship at the time of voter registration, employees in most states may not inquire about citizenship status before asking noncitizens if they desire to register to vote. the past and believes that their case meets the requirements above may follow
), as set forth in Matter of Lozada, 19
The court held that was a timely retraction. misrepresentation. 9 FAM 302.9-5(D)(1) (U)
Admitting to the false claim of U.S. citizenship after USCIS has challenged the veracity of the claim is not a timely retraction. 2012). hbbd```b``GA$^v.>`Y. a O@sH2H#Uv H~wd`
q:
m
States illegally can result in ineligibility under INA 212(a)(6)(E). Determining Compliance with Financial Reimbursement Requirement. The bribe must be directed to a
It applies only to individuals who made
claimed that she was unaware that her brother filed a fourth preference family
misrepresentation tends to cut off a relevant line of inquiry which might have
(ii) (U) An NIV applicant's
fails or refuses to attend or remain in attendance at proceedings to determine
8 USCIS-PM K.2 - Chapter 2 - Determining False Claim to U.S. [^ 4]For example, the noncitizen could make a false claim to U.S. citizenship to comply with the employment verification requirements underINA 274A. 9 FAM 302.9-6 (U) Stowaways - INA
Furthermore, a noncitizencannot deny responsibility for any misrepresentation made by the noncitizen based on the advice of another person. Ordinarily, no AO is required, but posts should report
A USCIS officer would then decide the case as if the fraud or misrepresentation had never happened. To find remaining AFM content, see the crosswalk (PDF, 350.49 KB)between the AFM and the Policy Manual. Defining Any Alien. (U) INA 212(a)(6)(D) is not
decision by the Attorney General modifying the original order shall be considered
e. (U) Misrepresentation Made by
(b) (U) No previous money
on the true facts; or, (2) (U) "[T]he misrepresentation tends to
A false claim to U.S. citizenship may also make one subject to criminal prosecution under federal law. A USCIS officer would then decide the case as if the fraud or misrepresentation had never happened. 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. To sustain a finding of
[^ 13]INA 212(a)(6)(C)(ii)(I)makes a noncitizensubject to removal as inadmissible. The sooner one comes forward and the more forthright she is, the more likely she is to be found to have timely retracted. [^ 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). (2) (U) An LPR who is
(e.g., an F1 nonimmigrant attending a university), engaging in employment that
available to you through consular systems, or through reference to the post's
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. 2007). ineligible under INA 212(a)(9)(B)(i)(I) and more than three years after
(Matter of S- and B-C, 9 I. (U) INA 212(a)(6)(F) renders
Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 2012). There are very few known cases of people who received a pardon in these . & N. Dec. 823 (BIA 1949); Matter of M, 9 I. A retraction or recantation is only timely if it is made in the same proceeding in which the person gave false testimony. 9 FAM 302.9-9(D)(2) (U)
whether a misrepresentation has been made, it is necessary to distinguish
depending upon the facts of the individual case, that an individual who is the
See also 9 FAM 302.12-5 regarding unlawful voters. b. school, unless the: (a) (U) Aggregate period of
the AO, describe the form submitted to DHS by the visa applicant and the nature
finding that there is direct or circumstantial evidence sufficient to meet the
Generally, a retraction is
proof of payment. Whether U.S. citizenship actually affects or matters to the purpose is determined objectively. Attorney General has declared the definition of "materiality" with
The Board of Immigration Appeals determined that
was currently available for the applicant's state of chargeability, the
on the proper adjudication of the case. Bribery: An attempt by an applicant to obtain a visa or admission to
citizenship to avoid removal proceedings would also qualify as 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. permit). 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. Citizenship and Immigration Service (DHS/USCIS) defines "publicly-funded
(U) An AO is not required for a
detailed affidavit; filing a complaint with the appropriate disciplinary
residence in the United States before/after marrying a U.S. citizen or LPR, you
As
Admitting to the false claim of U.S. citizenship after USCIS has challenged the veracity of the claim is not a timely retraction. material misrepresentation. An individual who makes a
Timely Retraction Timely retraction = misrepresentation eliminated as if it never happened . 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. 9 FAM 302.9-3 (U) Failure to
not material under the independent ground of ineligibility prong of INA
(U) Most cases of INA
9 FAM 302.9-5 (U) Falsely
(Office of Origin: CA/VO), 9 FAM 302.9-1 (U) Statutory and
If a noncitizenmisrepresents another persons citizenship, the person that made the misrepresentation is not inadmissible for falsely claiming U.S. If the applicant has personally appeared and been interviewed, the
and remove it from further consideration as a ground for the INA
persons determined by an administrative law judge to have been involved in
This update also removes redundant footnotes. the interpretation or application of law or regulation, you may request an AO
(U) There is no IV waiver
of INA 212(a)(1) through (10). having been within reasonable control of the individual, particularly
d. (U) If the applicant has any
[14]If an applicantclaimed U.S. citizenship before September 30, 1996, the applicant may be inadmissible for fraud orwillfulmisrepresentation[15]but not for falsely claiming U.S. (U) Evidence of Financial
exercise in judgment (i.e., one cannot assume that something is not material on
[^ 42]If the witness withdraws the false testimony of his own volition and without delay, 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. SeeLlanos-Senarrilos v. United States, 177 F.2d 164, 165 (9th Cir. failure to appear at the hearing, and the individual has fulfilled the
However, a noncitizencan also be inadmissible based on a false claim made with the specific intent to achieve an improper purpose, even if it did not involve an application for any specific benefit. [^ 24]SeeMatter of Barcenas-Barrera (PDF),25 I&N Dec. 40 (BIA 2009). The History tab was added to the USCIS Policy Manual on June 11, 2021, and provides historical versions on and after that date. returning to the United States under the conditions found in INA 211(b), i.e.,
Where the misrepresentation, however, conceals not
A false claim to U.S. citizenship is a serious matter and has extreme consequences. b. to the United States using a passport issued in a false identity to which they
Like INA
(2) (U) A separate affirmative
an AO for a 6C1 finding where the FAM specifically states that an AO is
for example, where an oral misrepresentation is made by another person on
[^ 16]See Chapter 1, Purpose and Background, Section B, Background [8 USCIS-PM K.1(B)]. the 90-day rule; the individual must also engage in conduct inconsistent with
You must refer cases that appear to be deliberate attempts to
citizen or lawful resident spouse or parent of such applicant. However, the Secretary of Homeland Security may waive ineligibility
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. (U) An AO is not required for a
shut off a line of inquiry which is relevant to the alien's eligibility and
Waivers for Nonimmigrants. The fact that a noncitizenmarked Yeson an earlier edition of the Employment Eligibility Verificationdoes not necessarily subject the noncitizen to inadmissibility for falsely claiming U.S. citizenship,because theearlier edition of the form did not distinguish a claim ofnationalityfrom a claim of citizenship.[10], An affirmative answer to this question does not, by itself, provide sufficient evidence that would permit a reasonable person to find the noncitizen falsely represented U.S. citizenship because of the questions ambiguity. misrepresentation. (U) You may, in your discretion,
SeeMatter of Collado-Munoz (PDF), 21 I&N Dec. 1061 (BIA 1998). 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. 302.9-9(B)(8) below and do not exceed the one-year time limitation. applicant that a false claim to citizenship was made by a third party on the
Upon discovery of a misrepresentation, you must return the
9 FAM 302.9-5(B)(3) (U)
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 an applicant
expenditure of public revenues (Federal, State, and local). timely depends on the circumstances of the case. also may result in a finding of INA 212(a)(6)(C)(ii). the opportunity to rebut by verbally presenting the applicant with your factual
See Matter of Soriano-Salas, 2007 WL 2074526 (BIA 2007). or aided an individual who at the time of such action was the individual's spouse,
(U) Ineligible Under the True Facts
with a false claim of U.S. citizenship is not ineligible under the terms of INA
However, I'm often told by adjusters and insureds alike they believe further tolling may occur if the insured brings to an insurance company's attention that further reconsideration on a claim is needed after a denial. 9 FAM 302.9-8(D)(1) (U)
An individual
name, a nickname, or a legal and well-documented name change); and. He also failed to show that citizenship did not affect removal proceedings. misrepresentation was made by an applicant, the burden is on the applicant to
[^ 38]SeeReid v. INS,420 U.S. 619 (1975). For example, a letter from a responsible official from the public
aided only an individual who at the time of such action was the individuals
hb```3BD@(05 Cn$5 [?,TLCSyGh`K`3Zj9bQ *0 relevant to the applicant's eligibility and which might well have resulted in a
Citizenship. in the United States who have performed activities that are inconsistent with
a. DHS. Llanos-Senarillos, 177 F2d at 165 (9th Cir. [^ 9]For example, if the false claim to U.S. nationality was made to a U.S. government official in seeking an immigration benefit. U.S.C. 9 FAM 302.9-8(B)(3) (U)
Some examples include but are not limited
willful misrepresentation. If U.S. citizenship is irrelevant to the benefit 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 achieve a purpose under federal or state law. a. can also encompass the term "corporate charter school"applied
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. transfers from private to public school has, under INA 101(a)(15)(F), violated their
local area, unless it can be established that the value of the grant on an
resolution of the individual's application for a visa, admission to the United
9 FAM 302.9-9(B)(8) (U)
facts. find that the individual was aware of the action being taken in furtherance of
6C1 analysis. 1961 and Matter of Kai Hing Hui, 15 I. at the removal hearing was not in the individual's native language. Fortunately, the answer is yes. See Volume 12, Citizenship and Naturalization [12 USCIS-PM]. stating that you are U.S. citizen in order to obtain any other benefit for which U.S. citizenship is required. question regarding IV waivers or waivers for LPRs, they should be directed to
The grounds of inadmissibility or removal that result from these misrepresentations can be waived (forgiven) if the alien can show (among other things) that their qualifying relative (USC or LPR parent or spouse for inadmissibility grounds and USC or LPR parent, spouse or son or daughter for removability ground) will suffer extreme hardship if the alien is not permitted to remain in the United States and that the alien should be granted the relief in the exercise of discretion. Simply filing for a change of status or adjustment of status is
The officer shouldfollow thestepsin the table below to determine inadmissibility. applicant ineligible under INA 212(a)(6)(C)(i). 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. ]`X h`lva@,` It is very serious to be charged with making a false claim to citizenship. (f) (U) Other documents that
The essence of these decisions, according to the Attorney General, is that: (a) (U) The fact in question is
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. 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. A timely retraction may serve as a defense for the inadmissibility ground. without the consent of the owner, charterer, master, or person in command of
Applicable at the time of Visa Application. arriving in the United States as stowaways. entitled to another equally advantageous IV status, the misrepresentation is
if: (1) (U) Each parent is or was
made. Let us use the example of an applicant for an NIV who
relevant to the individual's eligibility, and which might well have resulted in
name of an individual renders the individual ineligible for visa issuance. 9 FAM 302.9-6(C) (U) Not
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. since the misrepresented facts did not tend to lead you into making an
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)). intent to deceive a consular or immigration officer. The subsequent
(U) The provisions of INA
nonimmigrant status (e.g., F-2, E, H-4, J, or B-2even out-of-status
(This occurs even though the paper application, Form I-485, does not ask this question.) (d) (U) A consular manager must
(U) 22 CFR 40.61; 22 CFR 40.62; 22
ineligibility that are not permanent, and which might be removed by operation
employment on B1/B2 nonimmigrant status. 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. ineligibility (for example under INA 214(b)) a subsequent discovery that they
between misrepresentation of information and information that was merely
In fact the Department of Foreign Affairs Manual provides that "timely retraction" of false claim is one good possible defense. Applying INA 212(a)(6)(D). [12]The applicant has the burden of showing that he or she was claiming to be a non-U.S. citizen national as opposed to a U.S. citizen. insulate them from liability for misrepresentations made by such agents, if you
"a false claim to United States citizenship falls within the scope of INA
below) for: (1) (U) An IV applicant where
If the
(i.e., you may presume that the applicant's representations about engaging in
From 24 th April 2020 onwards, the US Citizenship and Immigration Services (USCIS) updated this policy, stating that unintentional false claims to US citizenship could result in denial of the application of naturalization. to assist the applicants spouse or child; and. 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)]. "elementary" means grades kindergarten through eight. Chapter4,Exceptions and Waivers,Section C, Waiver[8 USCIS-PM K.4(C)]. It was an equitable remedy to the harsh consequences of making such a false claim. Citizenship as was the case there. representations they made to consular officers or DHS officers when applying
establish that the true facts support eligibility for the visa class sought or
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9 FAM 302.9-4(B)(7) (U)
residence in the United States. 9 FAM 302.9-5(B)(5) (U)
[^ 45]SeeLlanos-Senarrilos v. United States, 177 F.2d 164, 165 (9th Cir. Does a statutory exception apply to the individual? (U) It is quite possible,
2011). the hearing) without complying with the requirements of such a claim (e.g.,
that the applicant did not make a material misrepresentation, and they are
(U) A key element of INA
only available where the individual has encouraged, induced, assisted, abetted,
admission to the United States would result in extreme hardship to the U.S.
212(d)(11) is only available to IV applicants in the following categories: (1) (U) Immediate relatives
administrative decisions concerning this part have evolved into what has become
Citizenship Ground of Inadmissibility, To protect your privacy, please do not include any personal information in your feedback. You should not inquire into the
While many people benefited from this legislation, some mistakenly assumed that they were U.S. citizens. from L/CA. SeeMatter of Oduor, 2005 WL 1104203 (BIA 2005). presented fraudulent documentation related to establishing qualification for a
(a) (U) An applicant will never
only the fact of the previous refusal, but also objective information not otherwise
in such status, including, but not limited to: (i) (U) Engaging in unauthorized
visa application through an attorney or other third party does not serve to
in support of an immigrant visa application would fail to meet the statutory
Understanding the applicable law and taking the right steps is crucial in preventing delays, stopping deportation, and obtaining . Which Might Have Resulted in a Proper Determination of Exclusion:
it is otherwise in the public interest, waive visa ineligibility under INA
eligibility to receive a visa. Eligibility for Nonimmigrant (F-1) Student Status for Academic and Language
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]. [^ 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). As mentioned above, the second part of the Attorney General's definition refers
"stowaway" as "any individual who obtains transportation
9 FAM 302.9-3(B)(1) (U)
determined in the context of the individual case as to whether the
is exercising the faculty of conscious and deliberate will in accepting or
212(a)(6)(C)(ii). "Elementary": Under INA 214(m), the term
(5) (U) Application of Phrase
corroborating evidence of the circumstance: (2) (U) While on the way to a
1324c). (1) (U) In General: A
Therefore, there will be cases in which an individual who was previously not
petition 10 years ago may have made a misrepresentation (i.e., it was a
Under the doctrine of timely retraction or recantation, an applicant can use as a defense to inadmissibility under INA 212(a)(6)(C)(i) that s/he timely retracted or recanted the statement. (1) (U) There are grounds of
Waiver DOES cover health-related grounds and false claims of U.S. citizenship as well as crimes not listed above. Relationship Petitions: (U) DS-160 Question on a Visa
ongoing annual basis exceeds the value of financing from public taxes and
before qualifying for another NIV. Under of INA 214(m), the term "secondary" means grades nine through twelve. (3) (U) Questionable Cases:
on Individual's Own Application: (U) Misrepresentation Made by
Applicant's Agent or Attorney: The fact that an applicant pursues a
Chapter 2 - Determining False Claim to U.S. petition is revoked, the materiality of the misrepresentation is established. job to show that the applicant has a residence abroad, but before the
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. U.S. 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. "identity." b. Office of the General Counsel issued an opinion concluding that. applicant has a legitimate claim to an alternate identity used (except you do
(e.g., B1/B2 status); (iii) (U) A nonimmigrant in B
[32], A noncitizenstated twice during DHS interrogation that he was a U.S. citizen. ineligible under INA 212(a)(6)(C)(i) provided the applicant meets the criteria
misrepresentation of the fact that the applicant was previously refused an NIV
assistance could result in the entry of the individual into the United States
proper determination that they be inadmissible." hearing, there is a mechanical breakdown of an automobile leaving the individual
Similarly, an oral
may be ineligible under INA 212(a)(6)(B), then you must inquire into whether
failed to meet the statutory requirements for the visa as a matter of law but
In previous years, the immigrant was eligible for a waiver. for extension of stay, change of status, consent to reapply for admission,
made by the individual with respect to their own visa application or
type of benefit does not automatically mean that their intentions were misrepresented
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