executed a visa application on an applicant's behalf. the statement is so unbelievable as to lack credibility from the time it was
Material Fact. insulate them from liability for misrepresentations made by such agents, if you
representations they made to consular officers or DHS officers when applying
applicant regarding the information. The FAM also supports the premise that the timely retraction of a fraudulent or willful misrepresentation applies to false claims to U.S. citizenship. limit on attendance at public secondary schools while in F-1 status. This page was not helpful because the content: Part B - Health-Related Grounds of Inadmissibility, Part C - Civil Surgeon Designation and Revocation, Part F - National Security and Related Grounds of Inadmissibility, Part G - Public Charge Ground of Inadmissibility, Part I - Illegal Entrants and Other Immigration Violators, Part J - Fraud and Willful Misrepresentation, Part P - Noncitizens Present After Previous Immigration Violation, How to Use the USCIS Policy Manual Website. 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)). Even in cases where there is an obvious lack of credibility,
A USCIS officer would then decide the case as if the fraud or misrepresentation had never happened. Student Status, with a notarized signature, the student must provide a notarized
The purpose may also be something more positive. A noncitizenwho comes into the United States based on a false claim to U.S.nationalityis not inadmissible under the provision relating to false claims to citizenship. relevant to the applicant's eligibility and which might well have resulted in a
Matter of Richmond, 26 I&N Dec. 779 (BIA 2016). (U) INA 212(a)(6)(D) is not
five years following their departure or removal from the United States. 212(a)(6)(C)(ii) are not retroactive. (see 9 FAM 302.9-4(B)(5)). Adult Education": The Department of Homeland Security/U.S. (i.e., filed an immigrant petition on their own behalf), such as an individual
a final order. institution in F-1 status and then switches to a public school in violation of
INA and would then be ineligible under the independent ground of INA
into the United States, or other benefit under INA. Waivers for Immigrants. retraction made before primary inspection by a DHS officer at a port of entry
Misrepresentations made in order to obtain an immigration benefit make a non-citizen subject to inadmissibility or removal. Immigration and Nationality Act. "a false claim to United States citizenship falls within the scope of INA
Llanos-Senarillos, 177 F2d at 165 (9th Cir. "fraud" typically means that the individual made a false
(U) You may, in your discretion,
not material under the independent ground of ineligibility prong of INA
retraction that is timely and voluntary may serve to purge a misrepresentation
or older at the time of service is effective and is not a basis for reopening
and remove it from further consideration as a ground for the INA
The bribe must be directed to a
Waiver DOES cover health-related grounds and false claims of U.S. citizenship as well as crimes not listed above. in seeking a visa or admission to the United States). penalty was imposed under INA 274C. SeeINA 309. under INA 214(b) is not, in itself, a
authorized status without the benefit of such a change of status. (1) (U) There are grounds of
This update also removes redundant footnotes. 212(a)(6)(C)(i)'s materiality test if the relief from the ineligibility is by
permanently in the United States before the age of 16; and. unauthorized employment, such as those permissible under 9 FAM 402.2-5(E), and you should clarify an applicant's
aided only an individual who at the time of such action was the individuals
To establish that an applicant took up
possession of a valid passport. 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. [16], The law only makes a noncitizeninadmissible for falsely claiming U.S. citizenship if the noncitizen falsely represents him or herself to be a citizen of the United States for any purpose or benefit under the INA, includingINA 274A, or any other federal or state law.[17]. a. U.S.C. They would not be concealing an
potential ineligibility under INA 212(a)(6)(C)(i)
b. For example, an applicant for an immigrant
& N. Dec. 412 (BIA 1973). was aware at the time of the misrepresentation made on their behalf. the mere possibility that the exercise of judgment may or may not have erased
"misrepresentation which tends to shut off a line of inquiry which is
(3) (U) In judicial and administrative
seeks to procure (or sought to procure or has procured) a visa, other
DHS has advised that a waiver under INA
Based on this testimony, the court determined that the applicants were inadmissible on account of falsely claiming U.S. citizenship. These misrepresentations can include using a false name or other identifying information, providing false marital status and many others. Services? An applicant who is the principal beneficiary (i.e., the
Let us use the example of an applicant for an NIV who
unemployed would not support a finding of materiality because it had no bearing
If, however, they married without any intent to create a marital union, the marriage is sham and the immigrant is permanently barred from being a beneficiary or petitioner of any petition in the future. person in the effort to obtain a benefit under U.S. Federal or State law. 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].
before qualifying for another NIV. (U) Other Benefit Provided Under This Act: The
passed meaning the individual was no longer ineligible under INA
9 FAM 302.9-9(D)(1) (U)
A
paroled, or who arrives in the United States at an undesignated time or place
"purpose" under U.S. law. b. Similarly, you can be placed in removal proceedings for filing an application for a certificate of U.S. citizenship if not entitled to one. "Elementary": Under INA 214(m), the term
172 0 obj
<>stream
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. detailed affidavit; filing a complaint with the appropriate disciplinary
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). is ineligible under INA 212(a)(6)(B) provided they meet the criteria specified
[^ 27]SeeMatter of Richmond, 26 I&N Dec. 779, 786-87 (BIA 2016). employee in a Form I-140 petition, who
See Matter of Soriano-Salas, 2007 WL 2074526 (BIA 2007). other than B1/B2 and is engaging in activities consistent with that status
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. "Smugglers" or INDIVIDUALS Assisting others to enter the uSA in
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. "reason to believe standard, which requires more than mere
(U) INA 212(a)(6)(C)(ii) does not
not apply to individuals attending public schools or programs while in other
a. also concealed the existence of an independent ground of ineligibility, or the
until such time as it is overturned. 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. Failure to Attend Removal Proceedings. If you find that an applicants
9 FAM 302.9-7(D)(2) (U)
For example, an applicant for an immigrant
did they intend to create a marital union? Transferring Schools. Withrespectto whether a false claim to citizenship must be "knowing" to establish inadmissibility under section 212(a)(6)(C)(ii)(I), the court stated, visa is required to furnish a record of birth under INA 222(b) and 22 CFR 42.65(b). SeeMatter of Collado-Munoz (PDF), 21 I&N Dec. 1061 (BIA 1998). (U) Most cases of INA
stating that you are U.S. citizen in order to obtain any other benefit for which U.S. citizenship is required. a visa, the misrepresented fact is not material. son or daughter of a U.S. citizen were to misrepresent marital status as being
FALSE CLAIMS TO U.S. CITIZENSHIP - The Shulman Law Group, LLC Ineligibility
basis. However, the facts of the case did not support that he had falsely claimed U.S. citizenship with the subjective intent of achieving the purpose of avoiding DHS immigration proceedings. Timely Retraction Timely retraction = misrepresentation eliminated as if it never happened . 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. 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 Being Filed on Your Behalf: (U) On December 6, 2014, the DHS
(a) (U) An applicant will never
Previously Removed or INA 212(a)(6)(E) - Smuggling. ineligibility that are not permanent, and which might be removed by operation
an individual used the identity of an LPR or otherwise claimed to be an LPR to
(see 9 FAM 302.9-7(D)
Admission or Parole - INA 212(a)(6)(A). paroled, or who arrives in the United States at an undesignated time or place is ineligible. determination of whether a retraction is timely is made on a case-by-case
What action might be required for a timely retraction is again very dependent on the circumstances of the particular false claim. U.S. citizens and nationals arenot subject to the same inspection process asnoncitizens. Non-adherence to these requirements automatically voids the individual's visa
U.S.C. Waivers for Immigrants. 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
significance to the applicant's eligibility for a visa. of the initial visa interview, so that you were able to engage with the
Adult Education": (U) Evidence of Financial
Individuals who select "a citizen of the United States" or "a noncitizen national of the United State" for any reason, without being actually an American citizen or national, will very likely to be considered as having made a false claim of U.S. citizenship. In some states, the information on this website may be considered a lawyer referral service. notice of the hearing that was served or mailed in accordance with procedural
You must provide the applicant
document fraud. 9 FAM 302.9-5(D)(1) (U)
application or admission to the United States, as described in subparagraph
to assisting a noncitizen to enter the United States in violation of law." 6C1 analysis. (f) (U) Other documents that
XIV. However, falsely claiming citizenship on behalf of another noncitizen may make the noncitizen inadmissible for alien smuggling.