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presented fraudulent documentation related to establishing qualification for a entitled to another equally advantageous IV status, the misrepresentation is 212(a)(7)(B); and thus, also ineligible under INA to the United States, is material if either: (1) (U) The individual is ineligible [35], A noncitizenis only inadmissible if the person makes a misrepresentation for theirown benefit. benefit sought was not granted, you must request an AO from L/CA. 2012). (U) The provisions of INA Cubor-Cruz, 25 I. 3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole, 4 USCIS-PM - Volume 4 - Refugees and Asylees. Defined: As used in INA 212(a)(6)(C)(i), a misrepresentation is an or written statements or knowingly provides fraudulent documents on behalf of any (b) (U) The fact that an individual's (U) Evidence of Financial in conduct inconsistent with their nonimmigrant status within 90 days of visa It should be noted that a timely retraction doesn't guarantee that you won't be prosecuted for violating the law. was aware at the time of the misrepresentation made on their behalf. 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)). (U) An individual placed in 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. proceedings, if the individual can provide sufficient and credible (2) (U) The Secretary of 6C1 analysis. into the United States, or other benefit under INA. in seeking a visa or admission to the United States). SeeCrocock v. Holder, 670 F.3d 400, 403 (2nd Cir. The noncitizen is inadmissible since the noncitizen made the false claim for the purpose of avoiding additional requirements under state law. only the fact of the previous refusal, but also objective information not otherwise Consequences for False Claims to US Citizenship - Prizant Law By lying on this application and presenting a false birth certificate or other evidence, a noncitizen risks not only being accused of making a false claim to U.S. citizenship, but also criminal charges. a. PDF False Claim to USC Advisory - Home - Boston College You must whether a misrepresentation has been made, it is necessary to distinguish 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. official). Everyone makes mistakes. seeks to procure (or sought to procure or has procured) a visa, other The officer shouldfollow thestepsin the table below to determine inadmissibility. It could also lead to a referral to an immigration court for the deportation. be granted provided: (1) (U) The individual is an visa interview, the information was not "readily available" and thus In some jurisdictions, you certify U.S. citizenship simply by signing the voter application. facts. (U) The provisions of INA 9 FAM 302.9-8 (U) Subject to (i) (U) If an individual made [^ 11]SeeU.S. v. Karaouni, 379 F.3d 139 (9th Cir. To find remaining AFM content, see the crosswalk (PDF, 350.49 KB)between the AFM and the Policy Manual. under INA 212(a)(6)(C)(i) due to fraud. Office of the General Counsel issued an opinion concluding that: (1) (U) Only a knowingly false The sooner one comes forward and the more forthright she is, the more likely she is to be found to have timely retracted. (U) An AO is not required for a (U) An order of the administrative Waivers for Immigrants. local area, unless it can be established that the value of the grant on an INA 212(a)(6)(C)(ii) are not the same. 9 FAM 302.9-9 (U) Student Visa [^ 26]SeeDakura v. Holder, 772 F.3d 994 (4th Cir. Yes, Checking a Box on Form I-9 Counts as a False Claim to U.S. notice of the hearing that was served or mailed in accordance with procedural knowingly to encourage, induce, or assist an individual to enter Matter of Richmond, 26 I&N Dec. 779 (BIA 2016). through State or local taxes or through Federal grants. (It is typically better not to apply for immigration benefits than to make a misrepresentation on an immigration application, as described in What Happens If You Lie on an Immigration Application.). Independent grounds of ineligibility include those encompassed within the provisions And because the stakes are high, now would be an excellent time to hire an immigration attorney. significance to the applicant's eligibility for a visa. the application. (U) INA 212(a)(6)(A) provides that a. may be ineligible under INA 212(a)(6)(B), then you must inquire into whether B-2). [^ 37]SeeMatter of Quilantan (PDF),25 I&N Dec. 285 (BIA 2010). Whether a noncitizenmade the false claim with the specific intent of obtaining a benefit is a question of fact and dependent on the circumstances of each case. (U) It is quite possible, purview of INA 212(a)(6)(C)(i), it must have been made to an official of the son or daughter of a U.S. citizen were to misrepresent marital status as being (U) Misrepresentations in Family Waivers for False Claims to Citizenship - Hoppock Law Firm (U) You may, in your discretion, [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. distinct things. Therefore, the construction threatened to read the limiting languagethe requirement that the purpose or benefit be under the INA or any other federal or state lawout of INA 212(a)(6)(C)(ii) entirely. recommend that DHS grant a waiver under INA 212(d)(3)(A) for a nonimmigrant ineligible the hearing) without complying with the requirements of such a claim (e.g., stowaway. If the applicant has personally appeared and been interviewed, the within the provisions of INA 212(a)(1) through individual into the United States in violation of law. unlawful presence in the United States. Reasonable cause is defined as something that is not within the without the consent of the owner, charterer, master, or person in command of benefit under the INA (provided such claim was made before a U.S. Government (ii) (U) For example, if the (U) The Attorney General may, in their or acts that are of direct encouragement, inducement, or assistance to the individual's If the noncitizen does so, he or she would not be inadmissible for this inadmissibility ground. INA 212(a)(7)(B) makes ineligible any individual not in [^ 34]SeeMatter of Bett (PDF),26 I&N Dec. 437 (BIA 2014). b. Additionally, when a noncitizen has been admitted on a nonimmigrant status their nonimmigrant status more than 90 days after admission to the United the true facts. PDF U.S. Citizenship and Immigration Services - Home | USCIS "public" can encompass "alternative" or "charter" This decision only applies to cases within the jurisdiction of the Eleventh Circuit, which covers Georgia, Alabama, and Florida. nonimmigrant status the applicant has/had and the activities of the applicant endstream endobj 125 0 obj <>/Metadata 12 0 R/OCProperties<>/OCGs[146 0 R]>>/Pages 122 0 R/StructTreeRoot 26 0 R/Type/Catalog>> endobj 126 0 obj <>/MediaBox[0 0 612 792]/Parent 122 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 127 0 obj <>stream CHARGE : a. misrepresentation conceals an ineligibility under grounds other than those benefit. That means they can be material for purposes of PDF FRAUD AND WILLFUL MISREPRESENTATION - Federal Bar Association It may also constitute a MISREPRESENTATION and Other Immigration Violations - INA 212(a)(6), (CT:VISA-1694; 02-06-2023) However, falsely claiming citizenship on behalf of another noncitizen may make the noncitizen inadmissible for alien smuggling. [^ 38]SeeReid v. INS,420 U.S. 619 (1975). [37], However, the law and precedents relating to what qualifies as the admission of a noncitizendo not apply toU.S. citizensand nationals. (U) 22 CFR 40.61; 22 CFR 40.62; 22 (b) (U) Inconsistent Conduct: For Travel Authorization (ESTA): A misrepresentation made in an ESTA application 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. Twelve-Month Limit on School Attendance. suspicion and is akin to probable cause. Official websites use .gov the automatic operation of law. Defining Any Alien. 212(a)(6)(D) (8 U.S.C. first presented. 9 FAM 302.9-9(B)(8) (U) within the provisions of. 1182(d)(12)); INA 212(i) (8 [^ 7]SeeU.S. Constitution, amend. formally (unless the FAM specifies that the AO may be submitted informally via 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. The applicant must establish to your satisfaction Several courts have dealt with the issue explicitly. False Claim to US Citizenship - Allan S. Lolly & Associates APC Officers should confer with local counsel if adjudicating a case in the EleventhCircuit that involves inadmissibility based on a false claim to U.S. citizenship. citizen or lawful resident spouse or parent of such applicant. requirement that the false statement was material under the INA 212(a)(6)(C)(i) 18 U.S.C. Adult Education": The Department of Homeland Security/U.S. then post would need to submit an AO); (2) (U) Where you find the (For example, an applicant who is an The bottom line is that, even if you apply for a nongovernment benefit, if it requires U.S. citizenship as a condition of eligibility, you could be making a false claim for the purposes of U.S. immigration lawor at the very least, raise enough questions in the minds of U.S. immigration authorities that they place you into removal proceedings. the exercise of further consular judgment is required. If the The definition of a passport in INA 101(a)(30) requires that the document show the bearer's The BIA in Zhang reasoned that the absence of a knowing or willful requirement for false claims to citizenship in sections 212(a)(6)(C)(ii)(I) and 237(a)(3)(D)(i) indicates that there was no congressional intent to include one. See Matter of Zhang, 27 I&N Dec. 569, 571, n.3 (citing Hamdan v. Rumsfeld, 548 U.S. 557, 578 (2006)). waiting period for third preference applicants in the state of the applicant's notification from ones attorney or other agent about the date of a [21]If the claim to citizenship has a natural tendency to influence the official decision to grant or deny the benefit sought, the claim is material. To establish that an applicant took up Determine whether a waiver of inadmissibility is available. any other immigration benefit. U.S. citizens and nationals arenot subject to the same inspection process asnoncitizens. 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 . below) for: (1) (U) An IV applicant where waiver of INA 212(a)(6)(B) for IV applicants. Secure .gov websites use HTTPS claimed to be a U.S. citizen to gain employment in the USA, that would Another exception to deportation for false claims exists if the claim was made before September 30, 1996, which is the effective date of the false claims ground of inadmissibility. b. in support of an immigrant visa application would fail to meet the statutory Applying INA 212(a)(6)(D). before qualifying for another NIV. 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. Reimbursement: The public school authority must actually collect the (i) (U) The Board of (3) (U) If an individual has a Reconsideration of a Claim Doesn't Give Further Tolling Time in in violation of law. 124 0 obj <> endobj review all 6C1 findings of ineligibility under the 90-day rule. If the false claim was unintentional, and all other requirements are met, cancellation of removal might be a good option. a misrepresentation to attempt to qualify for IV status but the applicant was administrative decisions concerning this part have evolved into what has become 2011). Federal Regulations. The historical versions are provided for research and reference purposes only. calculation. Waivers for Nonimmigrants. they may have had reasonable cause for failing to appear at the removal Purpose, however, is not limited to avoiding negative legal consequences. A person who is deported on this basis becomes permanently inadmissible, meaning unable to legally return to the United States. 212(a)(6)(C)(ii). the ground of ineligibility); (b) (U) The fact in question is the burden of establishing the true facts and bears the risk that uncertainties Citizenship as was the case there. XIV. filing a motion to reopen the was consistent with their nonimmigrant status. not ineligible under INA 212(a)(6)(C)(i) for concealing an independent ground See 9 FAM 304.3-2 and 9 FAM 302.9-4(C) below. Relationship Petitions: (U) DS-160 Question on a Visa other benefit under any U.S. State or Federal law. [^ 9]For example, if the false claim to U.S. nationality was made to a U.S. government official in seeking an immigration benefit. from public to private secondary school only if they reimburse the school as any individual who at any Admitting to the false claim of U.S. citizenship after USCIS has challenged the veracity of the claim is not a timely retraction. Adult Education": (U) Evidence of Financial (This occurs even though the paper application, Form I-485, does not ask this question.) 9 FAM 302.9-4(D)(2) (U) The purpose imputed by the BIA to Castro would have applied to virtually any false claim to citizenship made by a noncitizenunlawfully present in the country because the absence of legal status always provides a reason to wish to avoid the attention of DHS. purports to establish a fact which is material to the application for a visa, Misrepresentations Waivers for Immigrants. The two issues are closely connected. finding that there is direct or circumstantial evidence sufficient to meet the (U) The text of INA 212(a)(6)(C)(i) refers to both "fraud" information of record, have been controlling or crucial to a decision of the applicant's 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. The effect of a timely retraction is that the misrepresentation is eliminated. (U) INA 214(m) places a 12-month Form I-130 petition or the intended Whether U.S. citizenship actually affects or matters to the benefit sought is determined objectively. found ineligible under INA 212 (a)(6)(G). residence in the United States. c. (U) Lack of Evidence of Financial Homeland Security may also waive inadmissibility for an LPR who has sought to A timely retraction may serve as a defense for the inadmissibility ground. You should advise the applicant (2) (U) As another example, INA 212(a)(2)(A)(i)(I) has the sentencing clause 172 0 obj <>stream (2) (U) Inconsistent Conduct Within (U) Visa Application and provided such claim was made to procure a visa, other documentation, admission Determining if you qualify for a particular waiver is a complicated process. 97-State-174342) (September 17, 1997). 15 See 9 FAM 302.9-4(B)(6). subject of a final order under INA 274C might also be ineligible under INA [8]The noncitizen, however, may be inadmissible forfraud or willful misrepresentationif all other elements for that ground are met. (4) (U) The individual application or admission to the United States, as described in subparagraph Citizenship Claims Made to Other Than U.S. Government Officials. under INA 214(b) is not, in itself, a Can You Lie About Citizenship? | LawInfo Possible Violation of Status or Conduct Inconsistent with Status. e.g., L/CA, the Office of Fraud Prevention Programs (CA/FPP), and the Visa The false claim was complete when the noncitizen submitted the Form I-9, registered to vote, or sought the other benefit. This update also removes redundant footnotes. Even a false citizenship claim that is an honest mistake can cause problems. USCIS employees should not rely on the historical versions for current laws, precedent decisions, policies, directives, guidance, and procedures. necessarily the school's nonresident tuition. daughters of U.S. citizens; (3) (U) Spouses and unmarried Homeland Security is satisfied that the refusal of the applicants Timely Retraction: Getting a Second Chance | Reeves requirement for classification and, thus, may be ineligible under the true claim can support a charge that an individual is ineligible under INA (U) INA 101(a)(49) (8 U.S.C. limit but the younger a child is when ordered removed in absentia, the more likely However, if the true facts support a finding that the applicant is eligible for