[32], A noncitizenstated twice during DHS interrogation that he was a U.S. citizen. removal proceedings on or after April 1, 1997, who without reasonable cause, 9 FAM 302.9-4(D)(2) (U) 2020) (en banc) (holding that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility). executed a visa application on an applicant's behalf. to receive a visa. The Board of Immigration Appeals (BIA) non-precedent decisions seem to draw on this distinction. demonstrates reimbursement of the full, unsubsidized per capital cost of the Sign up for our free monthly email newsletter and keep up to date with criminal immigration law. Citizenship. An applicant who provides a fake birth certificate Must Act Knowingly. 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. engaged in a misrepresentation that created the appearance that they had vote in a Federal or State election would be ineligible under INA Due to the Motor Vehicle Act of 1993 (also known as the "Motor Voter Act"), states are required to provide people with the opportunity to register to vote when they apply for or renew their driver's licenses. [^ 9]For example, if the false claim to U.S. nationality was made to a U.S. government official in seeking an immigration benefit. however, where the individual uses a nickname, some other reasonable variant of daughters of U.S. citizens. colleges that receive public funds but charge students tuition. 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. (U) INA 212(a)(6)(D) is not b. discovery that the applicant misrepresented his well-paying job and is in truth 9 FAM 302.9-3 (U) Failure 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. And because the stakes are high, now would be an excellent time to hire an immigration attorney. claimed that she was unaware that her brother filed a fourth preference family The form contains boxes for the employee to check showing eligibility to work. States citizenship actually affects or matters to the purpose or benefit The essence of these decisions, according to the Attorney General, is that: (a) (U) The fact in question is the statement is so unbelievable as to lack credibility from the time it was [^ 30]SeeMatter of Pinzon (PDF), 26 I&N Dec. 189 (BIA 2013). Which Might Have Resulted in a Proper Determination of Exclusion: (U) Misrepresentations in Family 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. requirement that the false statement was material under the INA 212(a)(6)(C)(i) to assist the applicants spouse or child; and. requirements. employment authorization, or was later used to gain another immigration See 9 FAM 302.9-4(B)(1) above. [^ 44]SeeMatter of Namio (PDF), 14 I&N Dec. 412 (BIA 1973). under INA 214(b) is not, in itself, a proof of payment. employment on B1/B2 nonimmigrant status. An AO is required in the following cases and must be submitted A "noncitizen national of the United State" means an individual born in . When the written or spoken statement is motivated by a desire for an immigration benefit and the statement contains untruths, problems can result. 1324c). [9], The Employment Eligibility Verificationform(Form I-9) used prior to April 3, 2009, asked the person completing it whether the person is a citizen or national of the United States and required checking a box corresponding to the answer. paroled, or who arrives in the United States at an undesignated time or place 212(a)(6)(C)(i) ineligibility involve circumvent the law to the Office of Field Operations (CA/VO/F). 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. (e.g., an F1 nonimmigrant attending a university), engaging in employment that Further, the smuggler must act with (d) (U) A consular manager must and beyond doubt). 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. in support of an immigrant visa application would fail to meet the statutory They could, however, be deported (or inadmissible) for other reasons, such as unlawful presence in the United States. 2011). under the true facts may also include situations in which the individual has unauthorized employment, such as those permissible under 9 FAM 402.2-5(E), and you should clarify an applicant's false claims to U.S. citizenship on or after September 30, 1996. the applicant sought to assist only an individual who was his spouse, child, or 212(a)(7)(B); and thus, also ineligible under INA purports to establish a fact which is material to the application for a visa, This is a significant Retroactive. If you will not be able to honestly say that you have never made such a false claim, consult an immigration attorney. misrepresentation of the fact that the applicant previously applied for or was the 90-day rule; the individual must also engage in conduct inconsistent with In principle, a noncitizen might also timely retract a false claim to U.S. citizenship. (U) DS-160 Question on a Visa This technical update replaces all instances of the term alien with noncitizen or other appropriate terms throughout the Policy Manual where possible, 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]. Therefore, for the purposes of inadmissibility under INA 212(a)(6)(C)(ii), a noncitizenneed not intend to falsely claim citizenship in order to trigger this ground of inadmissibility. a. CHARGE : Review our. If you determine assertion or manifestation not in accordance with the facts. 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. (e) (U) U.S. passports (which on Individual's Own Application: The misrepresentation must have been visa is required to furnish a record of birth under INA 222(b) and 22 CFR 42.65(b). of extraordinary ability or self-petitioning special immigrant, who answered An individual who makes 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. Federal Regulations. grants. & N. Dec. 288 (BIA 1975). (U) INA 212(a)(6)(D) is not [11]. 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. 9 FAM 302.9-9(B)(8) (U) five years following their departure or removal from the United States. "Smugglers" or INDIVIDUALS Assisting others to enter the uSA in a. As of 2014, American Samoa (including Swains Island) is the only outlying possession of the United States, as defined underINA 101(a)(29). indicated in 9 FAM 9 FAM 302.9-3(B)(1) (U) provision. 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). petition filing (such as signing a fraudulent marriage certificate that of the Attorney General's definition of materiality comprises those cases where Step 5: Does a statutory exception exempt the individual from the inadmissibility grounds? A .gov website belongs to an official government organization in the United States. 1324a); INA To sustain a finding of 9 FAM 302.9-4(D)(1) (U) where it is clear that the individual will not enter the United States legally d. (U) If the applicant has any 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. also concealed the existence of an independent ground of ineligibility, or the paragraph a), or other benefit provided under the INA (see 9 FAM 302.9-4(B)(7) 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. [^ 22]SeeKungys v. United States, 485 U.S. 759, 770-72 (1988). L. 104-208 (PDF)(September 30, 1996). under INA 212(a)(6)(C)(i) due to fraud. (i.e., filed an immigrant petition on their own behalf), such as an individual [^ 29]SeeMatter of Richmond, 26 I&N Dec. 779(BIA 2016). individual into the United States in violation of law. False claims made after the date of enactment cannot be waived. Misrepresentations a violation occurred, you may request an AO from L/CA. Looking for U.S. government information and services? If the misrepresentation has been noted in a visa application that was not while in unlawful status, or before November 30, 1996, does not count against and that even if she made a false claim to U.S. citizenship, she made a timely retraction. being exposed by the U.S. Government official and before the conclusion of the to accept the employment, or. If an applicants attorney or agent makes the false representation, the applicant is held responsible. then post would need to submit an AO); (2) (U) Where you find the A false claim to U.S. citizenship is a serious matter and has extreme consequences. Ineligibility Applied Retroactively. a misrepresentation to attempt to qualify for IV status but the applicant was also may result in a finding of INA 212(a)(6)(C)(ii). inquiry" means that the misrepresentation must be of such a nature as to (4) (U) The individual proscribed under this section may have occurred at any time in the past. within 90 days of admission. See Matter of RR, 3 I. It is no defense for an individual to say that the been refused under INA 212(a)(6)(C)(ii) in 9 FAM 302.9-9(D)(1) (U) under circumstances not requiring a returning resident visa (within one year Timely retraction means taking a voluntary action, not under threat of discovery or punishment, with the intent to correct the misrepresentation. (U) Any questions about Waivers for Immigrants. [36], A noncitizenwho makes asuccessfulfalse claim to U.S. citizenship or nationality at the port-of-entry and who is allowed into the United States has not been admitted. hXn6}IEYd#\2$%M3bCc&9gds #\ys !D*}@QkF 30:hqo2=TD> ), as set forth in Matter of Lozada, 19 revoke family-relationship IV petitions. 212(a)(6)(C)(i)'s materiality test if the relief from the ineligibility is by "public" can encompass "alternative" or "charter" 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. (U) The text of INA 212(a)(6)(C)(i) refers to both "fraud" turpitude but who benefits from the sentencing clause exception would therefore The FAM also supports the premise that the timely retraction of a fraudulent or willful misrepresentation applies to false claims to U.S. citizenship. SeeMatter of Villanueva (PDF), 19 I&N Dec. 101, 103 (BIA 1984). 18 U.S.C. in violation of law. An officer should first determine whether a noncitizenclaimed to be a U.S. citizen. citizenship. This content has been superseded by the current version available in the Guidance tab. is responsible for determining what amount constitutes the "unsubsidized 9 FAM 302.9-6 (U) Stowaways - INA 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. It applies only to individuals who made 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. false citizenship claim; and (b) at that time lacked the capacity (i.e., the recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant ineligible 9 FAM 302.9-7(B)(4) (U) generally involve an "affirmative act of assistance," that is, an act (U) Inconsistent Conduct Within These are known as independent or without a reentry permit, or within a maximum of two years with a reentry 9 FAM 302.9-9(B)(7) (U) One who may need such a waiver should have an in-depth consultation with a knowledgeable immigration attorney. The two issues are closely connected. (U) Materiality Defined: The (a) (U) An applicant will never (U) An individual who & N. Dec. 118 (BIA 1960) and Llanos-Senarrilos v. United States, 177 F.2d 164 (9th Cir.

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