[^ 30]SeeMatter of Pinzon (PDF), 26 I&N Dec. 189 (BIA 2013). 1182(d)(12)); INA 212(i) (8
"public" can encompass "alternative" or "charter"
1324c). principal beneficiary of a petition, even when named in the petition, would not
per capita cost of education", the school's estimate of their per student
Secure .gov websites use HTTPS U.S.C. [22]It is the noncitizens burden to show that U.S. citizenship is not relevant to obtaining the benefit. 8[dfiFu! +
The burden of proof falls on the applicant to rebut your finding of a
In sum, even though a noncitizenmay have falsely claimed U.S. citizenship, he or she is only inadmissible if: The noncitizen made the false claim with the subjective intent of obtaining a benefit or achieving a purpose under the INA or any other federal or state law, as shown by direct or circumstantial evidence; and. law judge under INA 274C becomes final thirty days after the date of issuance
In either case (whether as a beneficiary or
For more information on this, see How Checking Citizen or National on Form I-9 Can Ruin Your Chance for a Green Card. It does not mean that the misrepresentation must have been successful in
material misrepresentation based on a violation of status/inconsistent conduct
(a) (U) For example, an individual
The effect of a timely retraction is that the misrepresentation is eliminated. you are looking at activities after entry into the United States), see
(1) (U) In General: The
See id. in support of an immigrant visa application would fail to meet the statutory
212(a)(9)(B)(i)(I). If you find that an applicants
the child reasonably believed, when making the false claim to citizenship, that they were actually a U.S. citizen. 9 FAM 302.9-8(B)(3) (U)
Penalties for Document Fraud provides for civil penalties for
sham marriage in an IR-1 case, cannot be deemed material if the petition
(d) (U) A consular manager must
Eligibility for Nonimmigrant (F-1) Student Status for Academic and Language
arriving in the United States as stowaways. 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. mean knowingly and intentionally, as distinguished from accidentally,
Past judicial and
a misrepresentation to attempt to qualify for IV status but the applicant was
The false claim was complete when the noncitizen submitted the Form I-9, registered to vote, or sought the other benefit. any other immigration benefit. seeks to procure (or sought to procure or has procured) a visa, other
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. Further, the representation
The term purpose includes avoiding negative legal consequences. False Claims by a Child will not Cause Deportation if: the child's parents were U.S. citizens by birth or naturalization the child made the false claim when he or she was under age 18 the child was a U.S. permanent resident prior to age 16, and other benefit under any U.S. State or Federal law. 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. insulate them from liability for misrepresentations made by such agents, if you
unsure whether an activity is inconsistent with nonimmigrant status or whether
DHS has advised that a waiver under INA
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. documentation, or admission into the United States or some other benefit provided
The officer should examine all facts and circumstances when evaluating inadmissibility for falsely claiming U.S. citizenship. Reimbursement. & N. Dec. 470 (B.I.A. any individual who at any
Furthermore, there is no waiver available for false claims to citizenship and there is limited relief from removal available to noncitizens who lie to obtain government benefits. "reason to believe standard, which requires more than mere
It may also constitute a If so, even if they later changed their minds, the marriage is not sham. g. (U) Activities that May Indicate a
under the true facts may also include situations in which the individual has
8 USCIS-PM K.2 - Chapter 2 - Determining False Claim to U.S. employee in a Form I-140 petition, who
or request submitted to DHS that is not listed above as other
In principle, anoncitizenmight also timely retract a false claim to U.S. citizenship. have been a stowaway in the past does not in itself make the person ineligible
Determine whether noncitizens false claim to U.S. citizenship was for the purpose of obtaining a benefit under the INA or under any other federal or state law. The noncitizen is inadmissible since the noncitizen made the false claim for the purpose of avoiding additional requirements under the immigration laws. to accept the employment, or. has held that service of a notice to appear on a minor who is 14 years of age
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. A false claim to U.S. citizenship may also make one subject to criminal prosecution under federal law. to be known as the "rule of probability.". For more information on inadmissibility based on fraud and willful misrepresentation, see Part J, Fraud and Willful Misrepresentation [8 USCIS-PM J]. waiting period for third preference applicants in the state of the applicant's
If a noncitizenmisrepresents another persons citizenship, the person that made the misrepresentation is not inadmissible for falsely claiming U.S. its ports of entry (POE) that, if the public-school reimbursement is not
(1) (U) In General: A
SeeRodriguez v. Mukasey, 519 F.3d 773 (8th Cir. Misrepresentation and Failure to Volunteer Information: In determining
This standard would apply, for example, where a travel agent
Reply One_more_username Additional comment actions that their failure to attend the removal proceeding may be considered as not
"identity." [^ 33]SeeMatter of Richmond, 26 I&N Dec. 779(BIA 2016). If you will not be able to honestly say that you have never made such a false claim, consult an immigration attorney. defenses if you are accused of falsely claiming to be a U.S. citizen. (2) (U) Specific Examples: A
[^ 32]SeeCastro v. Att'y Gen. of U.S.,671 F.3d 356, 368 (3rd Cir. term "willfully" as used in INA 212(a)(6)(C)(i) is interpreted to
without a reentry permit, or within a maximum of two years with a reentry
authorities governing the attorney; etc. a. Timely Retraction Timely retraction = misrepresentation eliminated as if it never happened . made a misrepresentation on the visa application by claiming to have a well-paying
The waiver under INA 212(d)(12) may
materiality, it must be shown that the misrepresentation was of basic
seeking reentry into the United States, are potentially subject to this
SeeKechkar v. Gonzales, 500 F.3d 1080 (10th Cir. Case law relating to the inadmissibility ground for fraud or willful misrepresentation has long recognized that a noncitizenis not inadmissible if he or she made a timely retraction of the fraud or misrepresentation. 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. For the retraction to be effective, it has to be voluntary and without delay (timely). In Matter of K, the BIA said the generic waiver for fraud or misrepresentations, then found at INA 241 (f), could be used to waive specific types of fraud, including a false claim to U.S. 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. the child's parents were U.S. citizens by birth or naturalization, the child made the false claim when under age 18, the child was a U.S. permanent resident prior to age 16, and. 9 FAM 302.9-8(D)(1) (U)
determine a visa applicant made a material misrepresentation in an application
The subsequent
name of an individual renders the individual ineligible for visa issuance. In other words, to find an applicant ineligible
U.S. SeeCastro v. Att'y Gen. of U.S., 671 F.3d 356, 368 (3rd Cir. misrepresentation has been made, some questions may arise from cases involving individuals
persons determined by an administrative law judge to have been involved in
behalf of an applicant at the time of application for admission to the United
nonimmigrant status the applicant has/had and the activities of the applicant
penalty was imposed under INA 274C. being exposed by the U.S. Government official and before the conclusion of the
proper determination that they be inadmissible." with other grounds that do not require a formal AO, the AO may be informal. Further, a retraction or recantation of a false claim to U.S. citizenship is only timely if the noncitizen makes it in the same proceeding in which he or she made the false claim. But see Patel v. U.S. Atty Gen., 971 F.3d 1258 (11th Cir. [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. in violation of law. believe they are ineligible 6C1. proscribed under this section may have occurred at any time in the past. Fortunately, the answer is yes. For example, an applicant for an immigrant
c. (U) Lack of Evidence of Financial
9 FAM 302.9-4(D)(2) (U)
(U) "Misrepresentation"
hb```3BD@(05 Cn$5 [?,TLCSyGh`K`3Zj9bQ *0 concealed by the misrepresentation must, when balanced against all the other
At The Law Office of George K. Gomez, P.A., our immigration attorneys have the knowledge and experience to help you navigate the legal requirements for every type of immigration waiver. Federal loans, as well as some state and private loans, require U.S. citizenship as a condition of eligibility. & N. Dec. 863 (BIA 1999)). %`DxEHLxX(V4|B=zfg/G}:bN_'t\Os}xHOEbg.$ND]*Jbg6Te}zjpJxj't3;Cg'S}w?.t{8Y2). virtually any activity regarding forged, altered, or stolen documents for any
In Patel v. U.S. Att'y Gen., 971 F.3d 1258, 1272 (11th Cir. 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. A USCIS officer would then decide the case as if the fraud or misrepresentation had never happened. the ground of ineligibility); (b) (U) The fact in question is
if: (1) (U) Each parent is or was
); (8) (U) Following advice from
the question "no" should generally be considered to have made a
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. (10), you may request an AO from L/CA. 9 FAM 302.9-9(B)(6) (U)
vote in a Federal or State election would be ineligible under INA
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. claimed that she was unaware that her brother filed a fourth preference family
being admitted to the United States, engage in activities for which a change of
The noncitizen has the burden to show, either with direct or circumstantial evidence, that he or she did not have the subjective intent of obtaining the benefit.[20]. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicators Field Manual (AFM) content into the USCIS Policy Manual. [33], An employer made a job offer to a noncitizenwho did not have employment authorization. was currently available for the applicant's state of chargeability, the
to attend a hearing for which the individual has received notice. petition to the appropriate USCIS office via the National Visa Center. A person can become deportable for making false claims to U.S. citizenship to employers. 212(a)(6)(E) if the individual has encouraged, induced, assisted, abetted, or
"elementary" means grades kindergarten through eight. seeks to procure, has sought to procure, or has procured a visa, other
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. recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant
(3) (U) The individual
This update also removes redundant footnotes. It should be noted that a timely retraction doesn't guarantee that you won't be prosecuted for violating the law. Reasonable cause is defined as something that is not within the
second part of the Attorney General's definition refers to a
timely if it is made at the first opportunity and before the conclusion of the
Waivers for Nonimmigrants. [^ 20]SeeMatter of Richmond, 26 I&N Dec. 779, 786-87 (BIA 2016). that the applicant misrepresented their purpose of travel at the time of the
It applies where the alien voluntarily and prior to any exposure of the attempted fraud corrects his statement and tells the truth. Generally, a retraction is
through
SeeMatter of M-R, 6 I&N Dec. 259, 260 (BIA 1954). In principle, a noncitizen might also timely retract a false claim to U.S. citizenship. 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 it is otherwise in the public interest, waive visa ineligibility under INA
residence in the United States. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. (i.e., you may presume that the applicant's representations about engaging in
In
Thus, a misrepresentation with
school or publicly funded adult education program; and. is not authorized incident to status would not be sufficient to justify a
representation. (U) You may, in your discretion,
to explain or correct a potential misrepresentation. of ineligibility. apply at the time of visa application because it applies only to individuals
(3) (U) Inconsistent Conduct After 90
9 FAM 302.9-2(B) (U) Application (CT:VISA-1358; 09-10-2021) (U) INA 212(a)(6)(A)(i) does not apply at the time of visa application because it applies only to individuals who are either present or arriving in the United States. 1949). contact DHS directly. A "noncitizen national of the United State" means an individual born in . limit on attendance at public secondary schools while in F-1 status. On the other
Even a false citizenship claim that is an honest mistake can cause problems. recommend that DHS grant a waiver under INA 212(d)(3)(A) for an individual who
of financial reimbursement under INA 221(g). Attendance at a secondary public school, while in a status other than F-1,
Even if you pretend to have never made a false citizenship claim and are granted U.S. citizenship, your status may later be revoked if it is discovered that you answered thisor, for that matter, any other questionuntruthfully. for extension of stay, change of status, consent to reapply for admission,
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. [43]For example, an applicants recantation of the false testimony is neither voluntary nor timely if made a year later and only after it becomes apparent that the disclosure of the falsity of the statements is imminent. misrepresentation is now directly relevant to the current visa case. is responsible for determining what amount constitutes the "unsubsidized
adjustment. a willful, material misrepresentation since the applicant was trying to qualify
& N. Dec. 436, 448-449 (A.G.
with a false claim of U.S. citizenship is not ineligible under the terms of INA
(U) To find an individual ineligible
212(a)(6)(C)(i) and INA 212(a)(6)(C)(ii) ineligibilities. from public to private secondary school only if they reimburse the school as
1182(a)(6)(B)); INA 212(a)(6)(C) (8 U.S.C. Applying INA 212(a)(6)(D). Secure .gov websites use HTTPS The form contains boxes for the employee to check showing eligibility to work. [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. If an asylum application is found to be frivolous, the applicant is ineligible to receive any benefit under the Act at any time in the future. The acts
(U) The INA does not provide a
transfers from private to public school has, under INA 101(a)(15)(F), violated their
be granted provided: (1) (U) The individual is an
212(a)(6)(C)(ii). for such visa classification (e.g., if an applicant presents a false bank statement
A false claim to U.S. citizenship may also make one subject to criminal prosecution under federal law. 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]. (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.). For this reason, an assessment of ineligibility under this
Possible Violation of Status or Conduct Inconsistent with Status. Waivers for Nonimmigrants. (U) The Secretary of
In addition to the situations listed above, USCIS officers have uncovered false claims to citizenship in other circumstances, such as people stating that they were U.S. citizens on federally backed mortgage applications for the purpose of buying a home. For example, an applicant who credibly
liability for misrepresentations, if you find that they were aware of the
(12) (U) The need to care for
Looking for U.S. government information and services? discretion, grant a waiver for humanitarian purposes to an applicant ineligible
(1) (U) The "other
turpitude but who benefits from the sentencing clause exception would therefore
for Immigrants. a. (U) 22 CFR 40.61; 22 CFR 40.62; 22
who is ineligible under provision (i) of INA 212(a)(6)(C) in general may seek a
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. Admitting to the false claim of U.S. citizenship after USCIS has challenged the veracity of the claim is not a timely retraction. Matter of Hilmer Leonel
This decision only applies to cases within the jurisdiction of the Eleventh Circuit, which covers Georgia, Alabama, and Florida. statement on school district letterhead. Specifically, the Applicant submitted the cancellation request nearly six years after he falsely claimed to be a U.S. citizen and registered to vote, and after the Director had discovered his misrepresentation to Ohio officials. A misrepresentation can
not need to submit an AO if the alternate identity involved use of a maiden
b. passed meaning the individual was no longer ineligible under INA
b. Citizenship willfully made and whether it was material per 9 FAM 302.9-4(B)(1) above. where it is clear that the individual will not enter the United States legally
1182(a)(6)(D)); INA 212(a)(6)(E) (8 U.S.C. Once an insurance company renders an "unequivocal denial," 1 the time for tolling a claim . calculation. potential ineligibility under INA 212(a)(6)(C)(i)
These are cases where
In order to qualify for this type of relief, however, a showing of good moral character is required for non-permanent residents (non-LPRs). true facts considering the applicant's misrepresentation. d. (U) Defining "Publicly Funded
Citizenship, F. Timely Retraction. national. However, one last lifeline is a concept known as Timely Retraction. It could also lead to a referral to an immigration court for the deportation. applicant. You should advise the applicant
a. in support of an immigrant visa application would fail to meet the statutory
timeknowingly has encouraged, induced,
"fraud" typically means that the individual made a false
9 FAM 302.9-9 (U) Student Visa
requirements of making such a claim (e.g. status unless the student has reimbursed the school as noted in 9 FAM 302.9-9(B)(8) below. But see Patel v. U.S. Atty Gen., 971 F.3d 1258 (11th Cir. retraction made before primary inspection by a DHS officer at a port of entry
(For example, an applicant who is an
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. Reimbursement: (U) Lack of Evidence of Financial
question regarding IV waivers or waivers for LPRs, they should be directed to
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. Reimbursement: You must refuse an applicant who cannot present evidence
of application for admission to the United States does not shield them from
then post would need to submit an AO); (2) (U) Where you find the
depending upon the facts of the individual case, that an individual who is the
b. The Doctrine of Timely Retraction can undo the lie and the attending bar that goes with it. 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. 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. applicants should provide the same evidence to qualify for an F-1 visa. assistance could result in the entry of the individual into the United States
petition filing (such as signing a fraudulent marriage certificate that
This offense carries severe consequences and takes away almost all possibilities to gain legal status, as there is no waiver to forgive this offense. 4) the child reasonably believed, when making the false claim to citizenship, that he or she actually was a U.S. citizen. Waivers for Immigrants. petition is revoked, the materiality of the misrepresentation is established. 212(a)(6)(C)(ii), if you find that the applicant
indicated in 9 FAM
rendered by an administrative law judge or by a court, for immigration related
(U) Defining "Secondary":
A
1361; Matter ofSkirball Cultural Ctr., 25 I&N Dec. 799,806 (AAO 2012). See, e.g. material fact under the following conditions: (1) (U) If the form was
See Matter of Namio, 14 I. SeeINA 212(a)(6)(C). [^ 45]SeeLlanos-Senarrilos v. United States, 177 F.2d 164, 165 (9th Cir. under INA 212(a)(6)(F) provided they meet the criteria specified in 9 FAM 305.4-3(H). are issued pursuant to provisions of the INA, such as Form I-20, Certificate of
assistance of counsel (such as receiving advice from an attorney not to attend
representation of a material fact with knowledge of its falsity and with the
Old case law allowed for a timely retraction of a false claim to U.S. citizenship. (U) INA 214(m) places a 12-month
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. [^ 38]SeeReid v. INS,420 U.S. 619 (1975). Relationship Petitions: USCIS retains exclusive authority to deny 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]. 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. from L/CA. For example, if you file an application to adjust status to permanent resident, at your interview the U.S. application for admission to the United States, including any information
to the United States, is material if either: (1) (U) The individual is ineligible
However, you should not accept estimates that are unrealistically
for admission to the United States, for a visa, or for another immigration
212(a)(6)(C)(i) ineligibility involve
An AO is required in the following cases and must be submitted
unauthorized employment, such as those permissible under 9 FAM 402.2-5(E), and you should clarify an applicant's
SeeMatter of F- (PDF), 9 I&N Dec. 54 (BIA 1960). who attempted or achieved entry to the United States before September 30, 1996,
authorized status without the benefit of such a change of status. petition 10 years ago may have made a misrepresentation (i.e., it was a
[8]The noncitizen, however, may be inadmissible forfraud or willful misrepresentationif all other elements for that ground are met. (2) (U) If you are satisfied
that "any alien who by fraud or willfully misrepresenting a material fact
Worse, some noncitizens are misinformed about their eligibility to vote. (U) Materiality Defined: The
U.S. 1324a); INA
(U) Willfully Defined: The
retraction that is timely and voluntary may serve to purge a misrepresentation
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