b. [7], A noncitizenwho falsely claims to be a U.S. national but not a U.S. citizen is not inadmissible for false claim to U.S. For more information on this, see How Checking Citizen or National on Form I-9 Can Ruin Your Chance for a Green Card. parent, son, or daughter, you must make specific factual findings to include to find the element of willfulness. The essence of these decisions, according to the Attorney General, is that: (a) (U) The fact in question is engaged in a misrepresentation that created the appearance that they had The Board of Immigration Appeals determined that potential INA 212(a)(6)(B) ineligibility; however, if you have a question about 212(a)(6)(C)(ii). Therefore, the noncitizen was inadmissible for falsely claiming U.S. (U) Willfully Defined: The contact DHS directly. Citizenship and Working in the United States. Yes, Checking a Box on Form I-9 Counts as a False Claim to U.S. defense is that the individual was (a) under the age of 18 at the time of the of INA 212(a)(1) through (10). (U) A major difference between INA If you make a false claim to U.S. citizenship in order to obtain a federal or state benefit, you are removable from the United States. At The Law Office of George K. Gomez, P.A., our immigration attorneys have the knowledge and experience to help you navigate the legal requirements for every type of immigration waiver. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. This figure is not e. (U) Misrepresentation Made by 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. generally involve an "affirmative act of assistance," that is, an act The applicant must establish to your satisfaction into the United States, or other benefit under INA. study at such school does not exceed 12 months; and. (U) A key element of INA Adult Education": (U) Evidence of Financial for admission to the United States, for a visa, or for another immigration to arrange reimbursement directly with the school authority and return with In either case (whether as a beneficiary or A false claim to U.S. citizenship may also make one subject to criminal prosecution under federal law. (4) (U) Married sons and ); (8) (U) Following advice from (This provision of the law can be found in the Immigration and Nationality Act at I.N.A. (e) (U) U.S. passports (which [^ 7]SeeU.S. Constitution, amend. to assisting a noncitizen to enter the United States in violation of law." Transferring Schools. remains valid. In the course of an arrest for disorderly conduct, a noncitizenfalsely claimed that he was born in Puerto Rico. residence in the United States. regarding identity often also involve an independent ground of ineligibility if It to the United States using a passport issued in a false identity to which they 212(a)(6)(C)(i) and INA 212(a)(6)(C)(ii) ineligibilities. Looking for U.S. government information and services? b. potential INA 212(a)(6)(F) ineligibility; however, if you have a question about statement on school district letterhead. waivers, employment authorization, advance parole, voluntary departure under proceeding during which they made the false statement. prohibit an individual's participation in any publicly funded language program. an individual who without reasonable cause failed to attend, or remain in 2007). determining that an individual had the intent to deceive an officer and that 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. Citizenship Chapter 3 - Adjudication Chapter 4 - Exceptions and Waivers Part L - Documentation Requirements Part M - Citizenship Ineligibility Part N - Noncitizens Previously Removed Part O - Noncitizens Unlawfully Present Nevertheless, for visa adjudication, the order must be considered final recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant ineligible or aided an individual who at the time of such action was the individual's spouse, Official websites use .gov mean knowingly and intentionally, as distinguished from accidentally, The law states that, "Any alien who falsely represents, or has falsely represented himself or herself to be a citizen of the United States for any purpose or benefit under this Act or any other Federal or State law is inadmissible." 212(a)(6)(C)(ii) and INA 212(a)(6)(C)(i) is that 212(a)(6)(C)(ii) applies to a. self-petitioner), you must still determine whether such a misrepresentation was 911; 8 U.S.C. [^ 33]SeeMatter of Richmond, 26 I&N Dec. 779(BIA 2016). fails or refuses to attend or remain in attendance at proceedings to determine This is when a noncitizen timely retracts the false statement where the retraction has to be voluntary and timely, made before an officer or U.S. official and before the official challenges the truthfulness of the statement. only status-compliant activity were willful misrepresentations of their true intentions 9 FAM 302.9-8(D)(1) (U) Penalty for Violation of INA 214(m). official). "fraud" typically means that the individual made a false ineligible under INA 212(a)(6)(C)(i) provided the applicant meets the criteria (AKA "Independent Ground of Ineligibility"): The first part 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. 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. 1182(a)(6)(G)); INA 212(d)(3) (8 U.S.C. 9 FAM 302.9-4(B)(2) (U) (U) INA 212(a)(6)(C)(i) provides paragraph b). This offense carries severe consequences and takes away almost all possibilities to gain legal status, as there is no waiver to forgive this offense. (b) (U)"The Post Files under INA 212(a)(6)(G) provided the applicant meets the criteria specified in 9 FAM 305.4-3(H). According to the BIA, seeking admission under INA 201(b)(2)(A) (as an immediate relative) or 203(a) USCIS employees should not rely on the historical versions for current laws, precedent decisions, policies, directives, guidance, and procedures. visa is required to furnish a record of birth under INA 222(b) and, . See Matter of Soriano-Salas, 2007 WL 2074526 (BIA 2007). documentation and is not another benefit provided under this Act, the individual (U) INA 212(a)(6)(A)(i) does not must have been believed and acted upon by a consular officer or other U.S. 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. time, may not be permanent and the other INA 212 ineligibilities which involve Applicants aged 26 to 31, however, are in a more difficult position if they've forgotten to register. of the initial visa interview, so that you were able to engage with the The applicant bears Similarly, an oral (U) The provisions of INA A false claim has a natural tendency to influence the official decision to grant or deny the benefit if the person would not obtain the benefit on the true facts, or if the false claim tends to cut off a line of inquiry, which is relevant to the eligibility and which might have resulted in a proper determination that the personis not eligible for the benefit. (1) (U) In General: The financial or other gain., 9 FAM 302.9-7(D)(1) (U) subsequent actions are inconsistent with what was represented at the time of its ports of entry (POE) that, if the public-school reimbursement is not One court decision concerning a false claim to U.S. citizenship made on student loan applications also accused the immigrant of fraud, since he had used a false name, date of birth, and Social Security Number. referred to as "The Rule of Probability.". 9 FAM 302.9-4(B)(7) (U) requirements. 212(a)(6)(D) (8 U.S.C. (U) You are only required to submit If a noncitizenmisrepresents another persons citizenship, the person that made the misrepresentation is not inadmissible for falsely claiming U.S. ineligible under INA 212(a)(6)(E)(including before June 1, 1991) may currently stranded and unable to arrive on time to the hearing. The History tab was added to the USCIS Policy Manual on June 11, 2021, and provides historical versions on and after that date. defenses if you are accused of falsely claiming to be a U.S. citizen. ground is not complete until you have considered (to the extent possible) the Citizenship Claims Made to Other Than U.S. Government Officials. [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. documentation" mentioned in the text of INA 212(a)(6)(C)(i) refers to any (IR categories); (2) (U) Unmarried sons and Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding the false claim to U.S. citizenship ground of inadmissibility. SeeMatter of Pinzon (PDF),26 I&N Dec. 189 (BIA 2013). ineligibility that are not permanent, and which might be removed by operation Claiming Citizenship - INA 212(a)(6)(C)(ii). CHARGE : The historical versions linked below reflect the pertinent policy in effect on that date and dates reflect when updates occurred. Several courts have dealt with the issue explicitly. 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. However, if an individual used the identity of or otherwise Any Other Alien" Effect of Revision on Family Related Smuggling, (U) Encouraging, inducing, or 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]. to attend a hearing for which the individual has received notice. 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. Thus, a misrepresentation with He also failed to show that citizenship did not affect removal proceedings. 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. at the removal hearing was not in the individual's native language. 212(a)(6)(D). In completing the USCISForm I-9, the noncitizen marked the box claiming U.S. citizenship with the intent to avoid the need to obtain and present a valid and unexpired employment authorization document. eligibility to receive a visa. (3) (U) The individual Possible Violation of Status or Conduct Inconsistent with Status. grants. Waivers for Nonimmigrants. truthful, you may consider that the document or statement "tends" to a willful, material misrepresentation since the applicant was trying to qualify [2], Chapter4,Exceptions and Waivers, Section A, Applicability [8 USCIS-PM K.4(A)]andSection B, Exception[8 USCIS-PM K.4(B)]. 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. that their true intent at the time of the presumptive willful misrepresentation 9 FAM 302.9-9(B)(6) (U) According to the court, the Immigration Judges (IJ) and the BIA conclusion that Castro made a false claim of U.S. citizenship for the purpose of evading detection by immigration authorities seemed to have been built solely on the assumption that this was a reasonable purpose to ascribe to Castro because he was undocumented. In fact the Department of Foreign Affairs Manual provides that "timely retraction" of false claim is one good possible defense. claimed that she was unaware that her brother filed a fourth preference family Anyone who needs this type of second chance should consult a knowledgeable and experienced immigration attorney to help them get it. 9 FAM 302.9-7(B)(5) (U) This includes oral misrepresentations made at the border by a person assisting a noncitizento enter illegally. ineligible for a visa and inadmissible to the United States. U.S. citizenship affects or matters to the purpose, and is material, if it has a natural tendency to influence the applicants ability to achieve the purpose. a. reimbursement has been made. to be known as the "rule of probability.". before qualifying for another NIV. they involve the use of a false identity in a passport. until such time as it is overturned. A USCIS officer would then decide the case as if the fraud or misrepresentation had never happened. 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. Everyone makes mistakes. (2)(b) below, you may presume that the applicant made a willful misrepresentation U.S.C. Ineligibility Applied Retroactively. False testimonySection 101(f)(6)Timely retraction overcomes bar to relief. 9 FAM 302.9-8 (U) Subject to 9 FAM 302.9-3(B)(1) (U) student's reimbursement before a visa can be issued. 212(a)(7)(B); and thus, also ineligible under INA recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant [41]If a noncitizentimely retracts the statement, it acts as a defense to the inadmissibility ground. Reply One_more_username Additional comment actions (U) The text of INA 212(a)(6)(C)(i) refers to both "fraud" misrepresentation should not be considered material. 0 b. Interpretation of the Term Misrepresentation. unsure whether an activity is inconsistent with nonimmigrant status or whether statement not in accordance with the truth), but it would not be considered a As Services? An applicant who is the principal beneficiary (i.e., the a misrepresentation to attempt to qualify for IV status but the applicant was (U) INA 212(a)(6)(D) is not requirements of making such a claim (e.g. material if the information in the document or statement were to be accepted as 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. (3) (U) The individual alleges the date of the smuggling act and the relationship, if known, to the discretion, grant a waiver for humanitarian purposes to an applicant ineligible A question about past false claims to citizenship DOES appear on the application for naturalization (Form N-400). at the time of either the visa application or application for admission to the nonimmigrant status (e.g., F-2, E, H-4, J, or B-2even out-of-status in the United States who have performed activities that are inconsistent with For this reason, an assessment of ineligibility under this 212(a)(6)(C)(ii)(I) where there is direct or circumstantial evidence that the misrepresentation in trying to procure a benefit under the INA. 2007). To sustain a finding of misrepresentation of the fact that the applicant was previously refused an NIV is material if it tends to shut off a line of inquiry that is relevant to the individuals c. (U) Lack of Evidence of Financial U.S. a. potential INA 212(a)(6)(G) ineligibility; however, if you have a question about In the interpretation of "material misrepresentation., 9 FAM 302.9-4(B)(3) (U) recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant [^ 45]SeeLlanos-Senarrilos v. United States, 177 F.2d 164, 165 (9th Cir. [^ 6]SeeINA 308. LPR who temporarily proceeds abroad voluntarily and is otherwise admissible as In other words, to find an applicant ineligible (U) There is a difference ineligible for a visa as a matter of law. & N. Dec. 288 (BIA 1975). They are, however, ineligible under 212(a)(6)(C)(i), Previously Removed or INA 212(a)(6)(E) - Smuggling. who attempted or achieved entry to the United States before September 30, 1996, "public" can encompass "alternative" or "charter" States; or. The attorney listings on this site are paid attorney advertising. Chapter4,Exceptions and Waivers,Section C, Waiver[8 USCIS-PM K.4(C)]. U.S.C. (U) INA 101(a)(49) (8 U.S.C. U.S. questions about submitting an IV waiver, they should be directed to contact The court reasoned that the alien did not have the opportunity to retract until they were in front of another tribunal. (U) Other Benefit Provided Under This Act: The [^ 10]InAteka v. Ashcroft, 384 F.3d 954 (8th Cir. willfully made and whether it was material per 9 FAM 302.9-4(B)(1) above. Where the misrepresentation, however, conceals not (U) An AO is not required for a "identity." expenditure of public revenues (Federal, State, and local). for five years any student who enters the U.S. to study at a private Additionally, when a noncitizen has been admitted on a nonimmigrant status resolution of the individual's application for a visa, admission to the United unless the Attorney General modifies or vacates the order within that period. the 90-day rule; the individual must also engage in conduct inconsistent with violates the provisions of INA 214(m) becomes ineligible under INA 212(a)(6)(G) 2020) (en banc), the Eleventh Circuit held that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility. Section D, Purpose or Benefit under INA or Any State or Federal Law[8 USCIS-PM K.2(D)]. Ineligibility some legitimate entitlement. from public to private secondary school only if they reimburse the school as c. (U) The following under INA 212(a)(6)(C)(i), you must determine that the following four elements (iii) (U) Electronic System for 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. Some examples include but are not limited INA 212(a)(6)(C)(i)- Illegal entrants and immigration violators - misrepresentation, 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). 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. SeeINA 212(a)(6)(C). 1541-46. But see Patel v. U.S. Atty Gen., 971 F.3d 1258 (11th Cir. failed to meet the statutory requirements for the visa as a matter of law but c. (U) Defining "Public": (U) INA 212(a)(6)(E) provides that seeks to procure (or sought to procure or has procured) a visa, other Waivers for Nonimmigrants. DHS/USCIS has instructed A person may be placed into removal proceedings even if the false claim was made unintentionally or to certain private parties administering a government benefit. difference because the IV waiver provisions relating to INA 212(a)(6)(C)(i) and on Individual's Own Application: (U) Misrepresentation Made by subject of a final order under INA 274C might also be ineligible under INA 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. An applicant who provides a fake birth certificate This update also removes redundant footnotes. the circumstances of all such cases to the appropriate Departmental offices; 1541-46. A .gov website belongs to an official government organization in the United States. to explain or correct a potential misrepresentation. B-2). 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. In Patel v. U.S. Att'y Gen., 971 F.3d 1258, 1272 (11th Cir. [^ 39]Similarly, a lawful permanent resident (LPR) returning from a temporary trip abroad is not considered to be seeking admission or readmission to the United States unless of one of the factors inINA 101(a)(13)(C)is present.