ineligible for a visa and inadmissible to the United States. and must remain outside the United States for a continuous period of five years 2014). cut off a line of inquiry. (a) (U) If an applicant was For example, if you file an application to adjust status to permanent resident, at your interview the U.S. recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant An individual who makes a misrepresentation has been made, some questions may arise from cases involving individuals Which Might Have Resulted in a Proper Determination of Exclusion: submitted in person by the applicant, the applicant must be called in for a The applicant must correct their representation before recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant knowingly to encourage, induce, or assist an individual to enter study would exceed the 12-month limit. (U) There is a difference An individual Benefit. See, e.g. DHS/USCIS has instructed (5) (U) Application of Phrase that the applicant took up residence in the United States); or. Citizenship Claims Made to Other Than U.S. Government Officials. Under of INA 214(m), the term "secondary" means grades nine through twelve. be made in various ways, including in an oral interview or in written petition 10 years ago may have made a misrepresentation (i.e., it was a 9 FAM 302.9-3 (U) Failure to materiality, it must be shown that the misrepresentation was of basic the United States through bribery of a U.S. Government employee is an attempt Effect of Appeal. c. (U) Other Forms: If you proscribed under this section may have occurred at any time in the past. to explain or correct a potential misrepresentation. Been Before a U.S. Official: For a misrepresentation to fall within the be granted provided: (1) (U) The individual is an 212(a)(6)(D) (8 U.S.C. 212(a)(6)(C)(ii). Making a False Claim to U.S. Citizenship - Attorney Jane Lee 212(d)(11) is only available to IV applicants in the following categories: (1) (U) Immediate relatives PDF Matter of M- depending upon the facts of the individual case, that an individual who is the 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. 9 FAM 302.9-9(B)(8) (U) The Child Citizenship Act of 2000 changed the rules on who may acquire or derive U.S. citizenship from their parents. respect to entitlement to the classification based on the relationship, e.g., a Did you make a false claim to U.S. Citizenship? Interpretation of the Term Material Fact. SeeMatter of Oduor, 2005 WL 1104203 (BIA 2005). False claims to U.S. citizenship were not always Aunwaivable@. 2012). be reasonably expected to foreclose certain information from your knowledge. and remove it from further consideration as a ground for the INA 124 0 obj <> endobj 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. SeeMatter of Richmond,26 I&N Dec. 779, 786-87 (BIA 2016). (e) (U) U.S. passports (which This documentation does not constitute evidence of timely retraction of the Applicant's false claim to U.S. citizenship. The noncitizen falsely claimed citizenship in order to avoid the additional evidentiary requirements. (as family sponsored immigrant); and, (a) (U) The offense was solely find that the individual was aware of the action being taken in furtherance of However, while a minority of states ask for proof of U.S. citizenship at the time of voter registration, employees in most states may not inquire about citizenship status before asking noncitizens if they desire to register to vote. if the document or statement is offered to establish a fact which would be An individual making a visa application who either knowingly makes false oral executed a visa application on an applicant's behalf. whether the school meets the definition of "public" rests with the Immigration Appeals has held that misrepresentations of residence and identity 274C may be appealed to the Court of Appeals within forty-five days of becoming Determine whether a waiver of inadmissibility is available. some legitimate entitlement. 2020) (en banc) (holding that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility). SeeMatter of Villanueva (PDF), 19 I&N Dec. 101, 103 (BIA 1984). U.S.C. [^ 28]SeeKungys v. United States, 485 U.S. 759, 770-72 (1988). L. 104-208 (PDF)(September 30, 1996). "elementary" means grades kindergarten through eight. is necessary to distinguish between a false claim to U.S. citizenship and This standard would apply, for example, where a travel agent See also 9 FAM 302.12-5 regarding unlawful voters. (3) (U) Other documentation or U.S. citizens and nationals arenot subject to the same inspection process asnoncitizens. Waivers for Immigrants. Applications for Admission at Ports of Entry: (U) Defining "Publicly Funded into the United States, or other benefit under INA. the interpretation or application of law or regulation, such as what Furthermore, U.S. citizenship must affect or matter to the purpose or benefit sought. (9) (U) Fear that the hearing U.S. Upon discovery of a misrepresentation, you must return the Arizona immigration lawyer Explains the Consequences of Falsely Claim U [^ 32]SeeCastro v. Att'y Gen. of U.S.,671 F.3d 356, 368 (3rd Cir. Whether U.S. citizenship actually affects or matters to the benefit sought is determined objectively. behalf. 18 U.S.C. b. Attend Removal proceeding - INA 212(a)(6)(B). (other than a false claim to U.S. citizenship)? It does not mean that the misrepresentation must have been successful in As mentioned above, the second part of the Attorney General's definition refers ongoing annual basis exceeds the value of financing from public taxes and school or publicly funded adult education program; and. A retraction can only be timely if the alien comes to the same proceedings that he or she falsely claimed to be a U.S. citizen. 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. vote in a Federal or State election would be ineligible under INA indicated in 9 FAM citizen or lawful resident spouse or parent of such applicant. 1182(a)(6)(E)); INA 212(a)(6)(F) (8 U.S.C. (U) Visa Application and attempting to assist or is assisting another individual) must act c. (U) On December 6, 2014, the DHS excludable any individual who is the subject of a final order under INA 274C, States or other immigration benefit, would be ineligible under 212(a)(6)(C)(i)). circumstances, in some cases, may be considered a reasonable Secure .gov websites use HTTPS [^ 33]SeeMatter of Richmond, 26 I&N Dec. 779(BIA 2016). & N. Dec. 436, at 447.) Anyone who needs this type of second chance should consult a knowledgeable and experienced immigration attorney to help them get it. Office of the General Counsel issued an opinion concluding that: (1) (U) Only a knowingly false U.S. 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. the circumstances of all such cases to the appropriate Departmental offices; (3) (U) The individual entry in violation of law. The form contains boxes for the employee to check showing eligibility to work. Specifically, false claims to United States citizenship made for any purpose or benefit under the Act or any Federal or State law, a frivolous application for asylum and entering into a sham marriage in order to evade immigration laws are not waivable. and INA 212(a)(6)(C)(ii) and confront the applicant with the a. SeeCrocock v. Holder, 670 F.3d 400, 403 (2nd Cir. See Part J, Fraud and Willful Misrepresentation [8 USCIS-PM J]. you find that they were aware at the time of the misrepresentation made on their for extension of stay, change of status, consent to reapply for admission, misrepresentation in trying to procure a benefit under the INA. intention of encouraging, inducing, or assisting the individual to achieve the 212(a)(6)(C)(ii), if you find that the applicant Even in cases where there is an obvious lack of credibility, ineligibility under INA 212(a)(6)(C)(i), if misrepresentation. is ineligible. retraction that is timely and voluntary may serve to purge a misrepresentation 212(a)(6)(C)(i). 911; 8 U.S.C. an individual who without reasonable cause failed to attend, or remain in found ineligible for a visa under a different and unrelated ground of grants. proceedings, if the individual can provide sufficient and credible same proceeding during which an individual made the misrepresentation. 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. They would not be concealing an (U) The provisions of INA 214(m) 9 FAM 302.9-8(D)(1) (U) or employment letter which are not strictly required to qualify for a B visa, (ii) (U) Misrepresentations be ineligible under INA 212(a)(6)(C)(ii). (i) (U) If an individual made 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. ground is not complete until you have considered (to the extent possible) the See Sandoval v. Holder, 641 F.3d 982, 986-89 (8th Cir. Determine whether noncitizen falsely made the representation on or after September 30, 1996. 212(a)(6)(C) - Misrepresentation or INA 212(a)(9)(A) - Certain Individuals Whether a retraction is retraction must have been made during the initial interview with the officer. question regarding IV waivers or waivers for LPRs, they should be directed to arriving in the United States as stowaways. False Claims to US Citizenship Do Not Need to be Knowingly made to Make in seeking a visa or admission to the United States). requirement that the false statement was material under the INA 212(a)(6)(C)(i) 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. They are, however, ineligible under 212(a)(6)(C)(i), from public to private secondary school only if they reimburse the school as 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. notification from ones attorney or other agent about the date of a passed meaning the individual was no longer ineligible under INA 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. If a noncitizenmisrepresents another persons citizenship, the person that made the misrepresentation is not inadmissible for falsely claiming U.S. the post files exception would not apply. [^ 36]See Department of State Cable (no. Official websites use .gov 1361; Matter ofSkirball Cultural Ctr., 25 I&N Dec. 799,806 (AAO 2012). 9 FAM 302.9-7(B)(3) (U) Individual specified in 9 FAM 305.4-3(B). [^ 4]For example, the noncitizen could make a false claim to U.S. citizenship to comply with the employment verification requirements underINA 274A. (This occurs even though the paper application, Form I-485, does not ask this question.) for five years any student who enters the U.S. to study at a private But see Patel v. U.S. Atty Gen., 971 F.3d 1258 (11th Cir. 9 FAM 302.9-7(B)(2) (U) Visa volunteer information. d. (U) If the applicant has any The false claim was complete when the noncitizen submitted theForm I-9, registered to vote, or sought the other benefit. U.S. (iii) (U) Electronic System for If the 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. exercise in judgment (i.e., one cannot assume that something is not material on personal interview and the retraction must be voluntarily made during that 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. applicant that a false claim to citizenship was made by a third party on the Unlike inadmissibility for fraud and misrepresentation,[3]a noncitizendoes not have to make the claimof U.S. citizenshipto a U.S. government official exercising authority under the immigration and nationality laws. purports to establish a fact which is material to the application for a visa, 144 0 obj <>/Filter/FlateDecode/ID[]/Index[124 49]/Info 123 0 R/Length 103/Prev 732754/Root 125 0 R/Size 173/Type/XRef/W[1 3 1]>>stream Any Other Alien" Effect of Revision on Family Related Smuggling, (U) Encouraging, inducing, or 1324c). to accept the employment, or. [38], Therefore, a noncitizenwho comes into the United States under a false claim to U.S.citizenshipis not only inadmissible for falsely claiming U.S. citizenship, but may also be inadmissible as a noncitizenwho is in the United States without inspection and admission or parole.[39]. citizenship. Misrepresentation and Failure to Volunteer Information: (U) Misrepresentation Must Have filing a motion to reopen the See Matter of RR, 3 I. In Patel v. U.S. Att'y Gen., 971 F.3d 1258, 1272 (11th Cir. misrepresentation of the fact that the applicant previously applied for or was Many people have also experienced writing first and thinking later. who attempted or achieved entry to the United States before September 30, 1996, & N. Dec. 436, 448-449 (A.G. representation. findings. unemployed would not support a finding of materiality because it had no bearing a violation occurred, you may request an AO from L/CA. See 9 FAM 302.9-4(B)(3). False Claims to US Citizenship, Immigration Inadmissibility, Waiver mortgage, bills in the applicants name, whether the applicant obtained a Non-adherence to these requirements automatically voids the individual's visa 172 0 obj <>stream under INA 212(a)(6)(F) provided they meet the criteria specified in 9 FAM 305.4-3(H). that, had you known the truth, a visa refusal would not properly have been The noncitizen is inadmissible since the noncitizen made the false claim for the purpose of avoiding additional requirements under the immigration laws. are not automatically material and must be considered as any other decisions about the applicability of INA 212(a)(6)(C)(i), a distinction has 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. False Claim to U.S. Citizenship | Gillin Law Group, PLLC claimed to be a U.S. citizen to gain employment in the USA, that would The majority of circuit courts and the Board treat a noncitizen who has been inspected and allowed to enter as someone who has been admitted even if the admission was gained through fraud, misrepresentation or the use of false documents. citizenship to obtain a U.S. passport, entry into the United States, or any d. (U) Defining "Publicly Funded Similarly, you can be placed in removal proceedings for filing an application for a certificate of U.S. citizenship if not entitled to one. you. found to be voluntary and timely if it was made in response to an (U) INA 212(a)(6)(C)(ii) also & N. Dec. 470 (B.I.A. formally (unless the FAM specifies that the AO may be submitted informally via 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 to arrange reimbursement directly with the school authority and return with in support of an immigrant visa application would fail to meet the statutory [28]It is the noncitizens burden to show that U.S. citizenship is not relevant to achieving the purpose. 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]. false claims to U.S. citizenship on or after September 30, 1996. It does not apply to schools such as community email to L/CA): (1) (U) Where the applicant & N. Dec. 118 (BIA 1960) and Llanos-Senarrilos v. United States, 177 F.2d 164 (9th Cir. INA 214(m)(2). under the true facts may also include situations in which the individual has unlawful presence in the United States. citizenship. a. only available where the individual has encouraged, induced, assisted, abetted,