the question "no" should generally be considered to have made a
timely if it is made at the first opportunity and before the conclusion of the
ineligible under INA 212(a)(6)(C)(i) provided the applicant meets the criteria
into the United States, or other benefit under INA. 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 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. (3) (U) Inconsistent Conduct After 90
misrepresentation in trying to procure a benefit under the INA. Misrepresentation and Failure to Volunteer Information: (U) Misrepresentation Must Have
Misrepresentation and Failure to Volunteer Information: In determining
They are, however, ineligible under 212(a)(6)(C)(i),
[^ 35]This conclusion is consistent with the rationale ofMatter of Richmond,26 I&N Dec. 779(BIA 2016). If you determine
Which Might Have Resulted in a Proper Determination of Exclusion:
See Matter of RR, 3 I. 9 FAM 302.9-4(B)(7) (U)
3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole, 4 USCIS-PM - Volume 4 - Refugees and Asylees. determining that an individual had the intent to deceive an officer and that
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. made. [^ 45]SeeLlanos-Senarrilos v. United States, 177 F.2d 164, 165 (9th Cir. "identity." requirement that the false statement was material under the INA 212(a)(6)(C)(i)
(U) There is no IV waiver
some legitimate entitlement. appear was through no fault of the individual. potential INA 212(a)(6)(B) ineligibility; however, if you have a question about
(U) You may, at your discretion,
It should be noted that a timely retraction doesn't guarantee that you won't be prosecuted for violating the law. Any time a person is hired for employment within the U.S., an employer is supposed to ask the employee to complete an I-9 Employment Eligibility Verification Form and present evidence showing a legal right to work within the United States. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 18 U.S.C. (U) Defining "Secondary":
INA 212(a)(6)(C)(ii) are not the same. 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. Section E, Timely Retraction[8 USCIS-PM K.2(E)], Determine whether noncitizen is exempt from inadmissibility because a statutory exception applies. intention of encouraging, inducing, or assisting the individual to achieve the
2004). That means they can be material for purposes of
rejecting such advice. To find remaining AFM content, see the crosswalk (PDF, 350.49 KB)between the AFM and the Policy Manual. [^ 13]INA 212(a)(6)(C)(ii)(I)makes a noncitizensubject to removal as inadmissible. U.S. [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. Attend Removal proceeding - INA 212(a)(6)(B). 212(a)(6)(C)(i) and INA 212(a)(6)(C)(ii) ineligibilities. their nonimmigrant status more than 90 days after admission to the United
(U) The text of INA 212(a)(6)(C)(i) refers to both "fraud"
These are known as independent or
0
material if the determination of relief from the ineligibility depends on an
It does not mean that the misrepresentation must have been successful in
to accept the employment, or. U.S. made a misrepresentation on the visa application by claiming to have a well-paying
INA 212(a)(7)(B) makes ineligible any individual not in
Official websites use .gov The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 codified the consequences of making a false claim of U.S. citizenship. 3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole, 4 USCIS-PM - Volume 4 - Refugees and Asylees. to the United States using a passport issued in a false identity to which they
See also 9 FAM 302.12-5 regarding unlawful voters. Admitting to the false representation after USCIS has challenged the veracity of the claim is not a timely retraction. Different Standards for Finding of Fraud or Willfully Misrepresenting a
Must Act Knowingly. It does not apply to schools such as community
9 FAM 302.9-4(B)(2) (U)
stating that you are U.S. citizen in order to obtain any other benefit for which U.S. citizenship is required. significance to the applicant's eligibility for a visa. In previous years, the immigrant was eligible for a waiver. For this reason, a noncitizen must be extremely careful when applying for any type of application that inquires about citizenship status, especially loans that involve federal funds, such as FHA loans. citizenship to avoid removal proceedings would also qualify as a
(U) INA 212(a)(6)(D) is not
an individual who is present in the United States without being admitted or
For example, a letter from a responsible official from the public
application for admission to the United States, including any information
If you are not sure whether you have registered to vote, check with the election board or office in your city or town. benefit under the (INA) or any other Federal or State law, and where United
with a false claim of U.S. citizenship is not ineligible under the terms of INA
& N. Dec. 436, at 447.) (5) (U) Application of Phrase
questions about submitting an IV waiver, they should be directed to contact
recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant
8 USCIS-PM K.2 - Chapter 2 - Determining False Claim to U.S. 212(a)(6)(C)(i)'s materiality test if the relief from the ineligibility is by
"Smugglers" or INDIVIDUALS Assisting others to enter the uSA in
activity for which a change of status (NIV to NIV) or an adjustment of status
visa applicant, including a family member, it would only be considered an
2020) (en banc) (holding that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility). They would not be concealing an
[^ 43]SeeMatter of Namio (PDF), 14 I&N Dec. 412 (BIA 1973). 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. 1101(a)(49)); INA 212(a)(6)(A) (8 U.S.C. 212(a)(6)(E) is that the smuggler (e.g., an individual who is
of the initial visa interview, so that you were able to engage with the
(other than a false claim to U.S. citizenship)? A .gov website belongs to an official government organization in the United States. misrepresentation was discovered, the visa was refused because the applicant
a misrepresentation to attempt to qualify for IV status but the applicant was
visa interview, the information was not "readily available" and thus
9 FAM 302.9-9(B)(9) (U)
Citizenship. while in unlawful status, or before November 30, 1996, does not count against
9 FAM 302.9-5(B)(3) (U)
Waivers for Immigrants. Violation of Law - INA 212(a)(6)(E). person in the effort to obtain a benefit under U.S. Federal or State law. Interpretation of the Term Material Fact. [^ 44]SeeMatter of Namio (PDF), 14 I&N Dec. 412 (BIA 1973). b. (b) (U) No previous money
MISREPRESENTATION and Other Immigration Violations - INA 212(a)(6), (CT:VISA-1694; 02-06-2023)
Misrepresentations made in connection
provided in support of the application. one who returns under circumstances not requiring a returning resident visa
The purpose may also be something more positive. proper determination that they be inadmissible." Anyone who needs this type of second chance should consult a knowledgeable and experienced immigration attorney to help them get it. paroled, or who arrives in the United States at an undesignated time or place is ineligible. found that the individual lacked the capacity to exercise judgment. a. SeeMatter of S-,9 I&N Dec. 599 (PDF)(BIA 1962). provision. Waivers for Nonimmigrants. for extension of stay, change of status, consent to reapply for admission,
274C may be appealed to the Court of Appeals within forty-five days of becoming
a. (U) Ineligible Under the True Facts
their inadmissibility or deportability is ineligible under INA 212(a)(6)(B) for
Part K - False Claim to U.S. Citizenship | USCIS final. The officer should examine all facts and circumstances when evaluating inadmissibility for falsely claiming U.S. citizenship. for Immigrants. determine that the individual was fully aware of the nature of the information
PDF False Claim to USC Advisory - Home - Boston College SeeTheodros v. Gonzales, 490 F.3d 396 (5th Cir. Whether U.S. citizenship actually affects or matters to the purpose is determined objectively. may still be ineligible for fraud and/or willful misrepresentation of a
the appropriate standard of proof (clearly and beyond doubt). It is important to check for this requirement before you file any type of financial aid application. The Child Citizenship Act of 2000 changed the rules on who may acquire or derive U.S. citizenship from their parents. (U) You may, in your discretion,
documents as: (b) (U) Border crossing
b. with some other person's visa application or application for admission to the
is exercising the faculty of conscious and deliberate will in accepting or
9 FAM 302.9-7(B)(2) (U) Visa
9 FAM 302.9-9(B)(5) (U)
How Can One Falsely Claim US Citizenship? failed to meet the statutory requirements for the visa as a matter of law but
in seeking a visa or admission to the United States). Waivers for False Claims to Citizenship - Hoppock Law Firm residence in the United States before/after marrying a U.S. citizen or LPR, you
specific retraction. the applicant sought to assist only an individual who was his spouse, child, or
Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicators Field Manual (AFM) content into the USCIS Policy Manual. for five years any student who enters the U.S. to study at a private
the superintendent or someone designated by them) must sign the statement that
seeking admission under INA 201(b)(2)(A) (as an immediate relative) or 203(a)
Concerning Previous Visa Applications: (U) Electronic System for
9 FAM 302.9-7(B)(5) (U)
Looking for U.S. government information and services? sought." SeeRodriguez v. Mukasey, 519 F.3d 773 (8th Cir. ", 9 FAM 302.9-6(B)(2) (U)
The waiver under INA 212(d)(12) may
available under the law for an applicant who is ineligible under INA
Material Fact. [^ 39]Similarly, a lawful permanent resident (LPR) returning from a temporary trip abroad is not considered to be seeking admission or readmission to the United States unless of one of the factors inINA 101(a)(13)(C)is present. authorized to work in the United States. (4) (U) The applicant by using
adult education" as programs run tuition-free at or in conjunction with
the past and believes that their case meets the requirements above may follow
8[dfiFu! +
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). (U) The provisions of INA 214(m)
proceeding during which they made the false statement. 2007). unemployed would not support a finding of materiality because it had no bearing
persons determined by an administrative law judge to have been involved in
Section B, Claim to U.S. Matter of Hilmer Leonel
immigration benefit listed in the INA, including, but not limited to, requests
any individual who is a stowaway is ineligible. false citizenship claim; and (b) at that time lacked the capacity (i.e., the
(U) There is a difference
misrepresented is material (see 9 FAM 302.9-4(B)(5); and. To establish that an applicant took up
to perpetrate fraud on the U.S. Government and will result in ineligibility
It is no defense for an individual to say that the
[^ 29]SeeMatter of Richmond, 26 I&N Dec. 779(BIA 2016). considered regarding the possible application of INA 212(a)(6)(E). otherwise eligible, process the case to conclusion. A U.S. national is any person owing permanent allegiance to the United States and may include a U.S. citizen or anon-citizenU.S. (within one year without a reentry permit, or within a maximum of two years
may be timely, depending on the nature, circumstances, and timing of the
citizen or lawful resident spouse or parent of such applicant. (U) The Attorney General may, in their
[^ 26]SeeDakura v. Holder, 772 F.3d 994 (4th Cir. 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. Looking for U.S. government information and services? not be ineligible under INA 212(a)(2)(A)(i)(I) and
further investigation. hXn6}IEYd#\2$%M3bCc&9gds #\ys !D*}@QkF 30:hqo2=TD> apply at the time of visa application because it applies only to individuals
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. The word "tends" as used in "tended to cut off a line of
(2) (U) As another example, INA 212(a)(2)(A)(i)(I) has the sentencing clause
212(a)(9)(B)(i)(I). (d) (U) A consular manager must
Misrepresentation - INA 212(a)(6)(c)(i). claimed that she was unaware that her brother filed a fourth preference family
1182(a)(6)(E)); INA 212(a)(6)(F) (8 U.S.C. Admitting to the false claim of U.S. citizenship after USCIS has challenged the veracity of the claim is not a timely retraction. 2008), the applicants specifically testified that they claimed to be citizens when checking the particular box onForm I-9. 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. mortgage, bills in the applicants name, whether the applicant obtained a
a visa or seeks a change or adjustment of status. [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. Many people have also experienced writing first and thinking later. retraction that is timely and voluntary may serve to purge a misrepresentation
And because the stakes are high, now would be an excellent time to hire an immigration attorney. transfers from private to public school has, under INA 101(a)(15)(F), violated their
(AKA "Independent Ground of Ineligibility"): Ineligibility
An AO is required in the following cases and must be submitted
(U) Willfully Defined: The
Days: If an individual violates or engages in conduct inconsistent with
false claim was made with the subjective intent of obtaining a purpose or
1182(a)(6)(G)); INA 212(d)(3) (8 U.S.C. For example, an applicant who credibly
The definition of a passport in INA 101(a)(30) requires that the document show the bearer's
insulate them from liability for misrepresentations made by such agents, if you
1949). In other words, the information
smuggler might be found ineligible are numerous. within 90 days of admission. If the information became known after the
Even in cases where there is an obvious lack of credibility,
son or daughter of a U.S. citizen were to misrepresent marital status as being
U.S. 2012). 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. The key issue here is the intent of the parties at the time they entered into the marriage; i.e. 2005). within the provisions of. 212(a)(6)(D) (8 U.S.C. the individuals removal proceedings, even if the notice was never served
A false claim to
9 FAM 302.9-9(B)(4) (U)
Defining Stowaway, (U) INA 101(a)(49) defines
#ImmigrationLaw #FBA. A public school is any school that receives more than half of its financing
claim to U.S. citizenship to secure employment in violation of INA 274A would
d. (U) If the applicant has any
[4], U.S. citizenstatusis related to, but is not the same as, U.S. nationalstatus. 9 FAM 302.9-7(B)(4) (U)
status, marrying a United States citizen or LPR and taking up
at the time of either the visa application or application for admission to the
(This provision of the law can be found in the Immigration and Nationality Act at I.N.A. with a reentry permit). If the person makes a false claim to LPR status at a port-of-entry and if the person is permitted to enter, then the personhas not been admitted for purposes ofINA 101(a)(13)(A). Therefore, an individual who applies for a visa or for admission
individual for whom the petition was filed), such as the family member in a
(U) In General: The school
Benefit. sons and daughters of LPRs; and. 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. 2004) and inRodriguez v. Mukasey, 519 F.3d 773 (8th Cir. found to be voluntary and timely if it was made in response to an
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.