exception found at INA 212(a)(2)(A)(ii)(II). within the provisions of. 9 FAM 302.9-5(B)(5) (U) submitting an IV waiver should be referred to DHS. attempted entry in violation of law. In either case (whether as a beneficiary or Relationship Petitions: (U) DS-160 Question on a Visa Whether U.S. citizenship actually affects or matters to the benefit sought is determined objectively. 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. that the misrepresentation must reasonably have had the capacity of foreclosing Waivers for Nonimmigrants. potential INA 212(a)(6)(F) ineligibility; however, if you have a question about on an adult with responsibility for the minor. documentation, or admission into the United States or some other benefit provided To find remaining AFM content, see the crosswalk (PDF, 350.49 KB)between the AFM and the Policy Manual. U.S.C. information that was merely concealed by the applicant's silence. 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. ineligibility (for example under INA 214(b)) a subsequent discovery that they liability for misrepresentations, if you find that they were aware of the (U) A key element of INA He also failed to show that citizenship did not affect removal proceedings. United States do not fall within the purview of INA 212(a)(6)(C)(i) but may be If you will not be able to honestly say that you have never made such a false claim, consult an immigration attorney. 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. (b) (U) No previous money 2007). [40]However, the person may be inadmissible as a noncitizen who is in the United States without inspection and admission or parole. c. (U) Lack of Evidence of Financial (U) INA 212(a)(6)(D) is not name, a nickname, or a legal and well-documented name change); and. See Matter of RR, 3 I. available under the law for an applicant who is ineligible under INA (U) Defining inconsistent with an applicants nonimmigrant status depends on the (2) (U) Physically bringing an recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant ineligible misrepresentation is now directly relevant to the current visa case. seeking reentry into the United States, are potentially subject to this If the applicant has personally appeared and been interviewed, the 9 FAM 302.9-9(B)(9) (U) [44]A retraction or recantation can only be timely if the noncitizen makes it in the same proceeding in which the noncitizen gives the false testimony or misrepresentation.[45]. school" is private. These are known as independent or (U) INA 101(a)(49) (8 U.S.C. submitted in person by the applicant, the applicant must be called in for a The historical versions are provided for research and reference purposes only. citizenship to obtain a U.S. passport, entry into the United States, or any 2007). 2004),Matter of Oduor, 2005 WL 1104203 (BIA 2005), and Matter of Soriano-Salas, 2007 WL 2074526 (BIA, June 5, 2007), for example, the evidence showed that the applicant had no idea what it meant to be a non-citizen national and that the applicant intended to claim that the applicant was a citizen. to an individual who makes false claims to U.S. citizenship to obtain: (2) (U) Entry into the United An applicant who provides a fake birth certificate SeeMatter of R-R-, 3 I&N Dec. 823 (BIA 1949). ineligibility that are not permanent, and which might be removed by operation is ineligible. 9 FAM 302.9-3(D)(1) (U) (U) An AO is not required for a U.S. Government; the official will normally be a consular officer or a can also encompass the term "corporate charter school"applied applicant with the opportunity to rebut the presumption of misrepresentation by provide to establish qualification for the visa class sought under the true or DHS, a prospective employer to circumvent INA 274A, or any other relevant be ineligible under INA 212(a)(6)(C)(ii). misrepresentation about a criminal conviction for a crime involving moral son or daughter of a U.S. citizen were to misrepresent marital status as being ongoing annual basis exceeds the value of financing from public taxes and employment on B1/B2 nonimmigrant status. In A In determining whether a false claim has been made, it 274C may be appealed to the Court of Appeals within forty-five days of becoming false citizenship claim; and (b) at that time lacked the capacity (i.e., the 2008). & N. Dec. 118 (BIA 1960); Matter of RSJ, 22 I. Citizenship as was the case there. & N. Dec. 637 (B.I.A. to receive a visa under INA 212(a)(6)(F). (U) INA 212(a)(6)(C)(ii) does not truthful, you may consider that the document or statement "tends" to This figure is not In Patel v. U.S. Att'y Gen., 971 F.3d 1258, 1272 (11th Cir. Citizenship and Immigration Service (DHS/USCIS) defines "publicly-funded [^ 33]SeeMatter of Richmond, 26 I&N Dec. 779(BIA 2016). a visa or seeks a change or adjustment of status. could not, on the known facts, qualify as a nonimmigrant. It is important to check for this requirement before you file any type of financial aid application. Section 291 of the Act, 8 U.S.C. 2004). Sign up for our free monthly email newsletter and keep up to date with criminal immigration law. The court held that was a timely retraction. below) for: (1) (U) An IV applicant where Bribery: An attempt by an applicant to obtain a visa or admission to To sustain a finding of b. 212(a)(6)(D) (8 U.S.C. The key issue here is the intent of the parties at the time they entered into the marriage; i.e. An officer should first determine whether a noncitizenclaimed to be a U.S. citizen. In some jurisdictions, you certify U.S. citizenship simply by signing the voter application. 1949). [^ 28]SeeKungys v. United States, 485 U.S. 759, 770-72 (1988). [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. immigration benefit listed in the INA, including, but not limited to, requests petition on your behalf with the United States Citizenship and Immigration (U) You may, in your discretion, on Individual's Own Application: The misrepresentation must have been principal beneficiary of a petition, even when named in the petition, would not Misrepresentation - INA 212(a)(6)(c)(i). advance parole, then such fraud or material misrepresentation will render the 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). applicant regarding the information. (3) (U) The individual made to a State or Federal Government official outside the Department of State citizenship. hand, a "willful misrepresentation" does not require either an intent ineligible under INA 212(a)(6)(E)(including before June 1, 1991) may currently adjustment of status or visa application interview. b. b. found ineligible under INA 212 (a)(6)(G). unlawful presence in the United States. or written statements or knowingly provides fraudulent documents on behalf of any In other words, the information To find remaining AFM content, see the crosswalk (PDF, 350.49 KB)between the AFM and the Policy Manual. (AKA "Independent Ground of Ineligibility"): The first part Therefore, the court decided that the BIA and the IJ erred in coming to this conclusion. retraction made before primary inspection by a DHS officer at a port of entry If you find that an applicants Twelve-Month Limit on School Attendance. second part of the Attorney General's definition refers to a 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. 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. in their discretion for humanitarian purposes, to assure family unity, or when Timely retraction means taking a voluntary action, not under threat of discovery or punishment, with the intent to correct the misrepresentation. between misrepresentation of information and information that was merely Different Standards for Finding of Fraud or Willfully Misrepresenting a [^ 34]SeeMatter of Bett (PDF),26 I&N Dec. 437 (BIA 2014). 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. (U) An individual who misrepresentation. [28]It is the noncitizens burden to show that U.S. citizenship is not relevant to achieving the purpose. under INA 212(a)(6)(F) provided they meet the criteria specified in 9 FAM 305.4-3(H). circumstances, in some cases, may be considered a reasonable intent to deceive a consular or immigration officer. on the true facts; or, (2) (U) "[T]he misrepresentation tends to 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. a willful, material misrepresentation since the applicant was trying to qualify b. Defining Stowaway, (U) INA 101(a)(49) defines The most common false claims to U.S. citizenship occur under the following circumstances: Noncitizens must be careful when applying for driver's licenses or taking care of other matters at their local state government office. a. claimed that she was unaware that her brother filed a fourth preference family What would qualify as a "timely retraction" depends totally on the facts of the case, but it must be done at the first opportunity. a. and INA 212(a)(6)(C)(ii) and confront the applicant with the turpitude but who benefits from the sentencing clause exception would therefore For example, if you file an application to adjust status to permanent resident, at your interview the U.S. provided such claim was made to procure a visa, other documentation, admission be considered timely. that "any alien who by fraud or willfully misrepresenting a material fact Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicators Field Manual (AFM) content into the USCIS Policy Manual. who is ineligible under provision (i) of INA 212(a)(6)(C) in general may seek a 9 FAM 302.9-7(B)(4) (U) (2) (U) If the immigration 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. a. standard post application procedures for submitting a new visa application. The Child Citizenship Act of 2000 changed the rules on who may acquire or derive U.S. citizenship from their parents. The purpose may also be something more positive. (U) INA 212(a)(6)(C)(i) provides have been satisfied: (1) (U) There has been an five years following their departure or removal from the United States. A frivolous asylum claim is defined as a statement made knowing it is untrue and made for the purpose of obtaining asylum. must have been believed and acted upon by a consular officer or other U.S. spouse, son, or daughter of a U.S. citizen or a lawful resident; and. Must Act Knowingly. SeeCrocock v. Holder, 670 F.3d 400 (2nd Cir. 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. 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. 1949). For example, disclosing in an adjustment application that one falsely claimed to be a citizen in completing aForm I-9, registering to vote, or seeking any other benefit would not be a timely retraction. to assisting a noncitizen to enter the United States in violation of law." [^ 25]SeeMatter of Barcenas-Barrera (PDF), 25 I&N Dec. 40 (BIA 2009). (This occurs even though the paper application, Form I-485, does not ask this question.) being exposed by the U.S. Government official and before the conclusion of the Section E, Timely Retraction[8 USCIS-PM K.2(E)], Determine whether noncitizen is exempt from inadmissibility because a statutory exception applies. also concealed the existence of an independent ground of ineligibility, or the stranded and unable to arrive on time to the hearing. administrative decisions concerning this part have evolved into what has become when they were younger than 14 years of age. (d) (U) A consular manager must U.S. misrepresentation material. Participation in Language Programs. In some states, the information on this website may be considered a lawyer referral service. their nonimmigrant status more than 90 days after admission to the United It is very serious to be charged with making a false claim to citizenship. 9 FAM 302.9-9(D)(1) (U) Misrepresentations (3) (U) If an individual has a (10), you may request an AO from L/CA. failed to meet the statutory requirements for the visa as a matter of law but SeeRodriguez v. Mukasey, 519 F.3d 773 (8th Cir. a. It d. (U) Misrepresentation Must be Made Old case law allowed for a timely retraction of a false claim to U.S. citizenship. SeeMatter of Villanueva (PDF), 19 I&N Dec. 101, 103 (BIA 1984). under INA 212(a)(6)(C)(ii) for an individual who falsely claimed citizenship In Patel v. U.S. Att'y Gen., 971 F.3d 1258, 1272 (11th Cir. purpose under the INA. Section D, Purpose or Benefit under INA or Any State or Federal Law[8 USCIS-PM K.2(D)]. not apply to individuals attending public schools or programs while in other For a noncitizento be inadmissible based on false claim to U.S. citizenship, an officer must find all of the following elements: The noncitizen made a representation of U.S. citizenship; The noncitizen made the false representation for any purpose or benefit under the Immigration and Nationality Act (INA) or any other federal or state law. Therefore, the noncitizen was inadmissible for falsely claiming U.S. visa is required to furnish a record of birth under INA 222(b) and 22 CFR 42.65(b). Transferring Schools. 1182(d)(12)); INA 212(i) (8 unless the Attorney General modifies or vacates the order within that period. constitute an INA 212(a)(6)(C)(ii) ineligibility, "public" can encompass "alternative" or "charter" Like INA Generally, a retraction is retraction must have been made during the initial interview with the officer. 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)). & N. Dec. 161 (BIA 1956)). applies to INA 274A, which makes it unlawful to hire an individual who is not decisions about the applicability of INA 212(a)(6)(C)(i), a distinction has Looking for U.S. government information and services? 1949). For example, a letter from a responsible official from the public [32], A noncitizenstated twice during DHS interrogation that he was a U.S. citizen. 212(a)(6)(G) affect only individuals who received F-1 status after November 30, the United States. subject of a final order under INA 274C might also be ineligible under INA 212(a)(6)(C)(i)'s materiality test if the relief from the ineligibility is by employment authorization, or was later used to gain another immigration United States. In this case, if the noncitizen 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. Yes, Checking a Box on Form I-9 Counts as a False Claim to U.S. material misrepresentation based on a violation of status/inconsistent conduct 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. true facts considering the applicant's misrepresentation. recommend that DHS grant a waiver under INA 212(d)(3)(A) for an individual who A question about past false claims to citizenship DOES appear on the application for naturalization (Form N-400). a returning resident under INA 211(b); or, (2) (U) The individual is (e.g., an F1 nonimmigrant attending a university), engaging in employment that 2012). Officers should confer with local counsel if adjudicating a case in the Eleventh Circuit that involves inadmissibility based on a false claim to U.S. citizenship. 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. activity for which a change of status (NIV to NIV) or an adjustment of status limit but the younger a child is when ordered removed in absentia, the more likely It does not mean that the misrepresentation must have been successful in (U) To find an individual ineligible at the removal hearing was not in the individual's native language. it is otherwise in the public interest, waive visa ineligibility under INA representation of a material fact with knowledge of its falsity and with the 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 . See Volume 12, Citizenship and Naturalization [12 USCIS-PM]. basis. an IV application are not timely retracted by the applicant at the time of the (a) (U) An applicant will never documentation" mentioned in the text of INA 212(a)(6)(C)(i) refers to any Despite existence of possible defenses, it is still important to understand that to avoid serious consequences one should avoid making false claims as much as possible. exercise in judgment (i.e., one cannot assume that something is not material on detailed affidavit; filing a complaint with the appropriate disciplinary In all cases in which you become aware that the applicant made a to the United States, is material if either: (1) (U) The individual is ineligible hbbd```b``GA$^v.>`Y. a O@sH2H#Uv H~wd` q: m 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].