with some other person's visa application or application for admission to the other benefit under any U.S. State or Federal law. citizenship. "material misrepresentations" rather than "fraud" since endstream endobj startxref 8 USCIS-PM K.2 - Chapter 2 - Determining False Claim to U.S. statement not in accordance with the truth), but it would not be considered a (1) (U) In General: A some legitimate entitlement. you are looking at activities after entry into the United States), see & N. Dec. 412 (BIA 1973); referring to Matter of M, 9 I. States illegally can result in ineligibility under INA 212(a)(6)(E). CFR 40.63; 22 CFR 40.64; 22 CFR 40.65; 22 CFR 40.66; 22 CFR 40.67. Transferring Schools. identification cards; (c) (U) Electronic System for caused by their misrepresentation may be resolved against the applicant. A 1182(a)(6)(A)); INA 212(a)(6)(B) (8 Claiming to be a U.S. citizen in any of the cases mentioned above is illegal. Petition Being Filed on Your Behalf: The Form DS-160 asks Has anyone ever filed an immigrant ineligible any individual who, after September 30, 1996, falsely claimed U.S. Timely retraction means taking a voluntary action, not under threat of discovery or punishment, with the intent to correct the misrepresentation. 2020) (en banc) (holding that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility). [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]. penalty was imposed under INA 274C. This documentation does not constitute evidence of timely retraction of the Applicant's false claim to U.S. citizenship. daughters of U.S. citizens; (3) (U) Spouses and unmarried Specifically, a noncitizenmust present evidence of lawful status or at least authorization to accept employment. Services? An applicant who is the principal beneficiary (i.e., the b. See Volume 12, Citizenship and Naturalization [12 USCIS-PM]. On the other Admitting to the false claim of U.S. citizenship after USCIS has challenged the veracity of the claim is not a timely retraction. Possible Violation of Status or Conduct Inconsistent with Status. This is a great simplification of the waiver. A question about past false claims to citizenship DOES appear on the application for naturalization (Form N-400). To find remaining AFM content, see the crosswalk (PDF, 350.49 KB)between the AFM and the Policy Manual. 212(a)(6)(C)(i) ineligibility involve 9 FAM 302.9-9(B)(9) (U) False Claim to US Citizenship - BCA Law Firm in Atlanta, GA calculation. However, the respondent's case presents a different issue and does . (U) You may, in your discretion, without the consent of the owner, charterer, master, or person in command of 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. [^ 7]SeeU.S. Constitution, amend. Fortunately, the answer is yes. SeeMatter of Pinzon (PDF),26 I&N Dec. 189 (BIA 2013). citizen or lawful resident spouse or parent of such applicant. misrepresentation that might be material, you should warn the applicant of a From 24 th April 2020 onwards, the US Citizenship and Immigration Services (USCIS) updated this policy, stating that unintentional false claims to US citizenship could result in denial of the application of naturalization. (i) (U) The Board of Which Might Have Resulted in a Proper Determination of Exclusion: (U) Misrepresentations in Family Citizenship. A In fact the Department of Foreign Affairs Manual provides that "timely retraction" of false claim is one good possible defense. Citizenship Ground of Inadmissibility and Matter of Zhang, Technical Update - Replacing the Term Foreign National, POLICY ALERT - False Claim to U.S. Whether U.S. citizenship actually affects or matters to the purpose is determined objectively. and beyond doubt). retraction made before primary inspection by a DHS officer at a port of entry [^ 10]InAteka v. Ashcroft, 384 F.3d 954 (8th Cir. Silence or the failure to volunteer It's important to note that a retraction is considered timely only if the individual corrects their false claim to citizenship before it ends up being questioned by a government or immigration official. b. Determining if you qualify for a particular waiver is a complicated process. seeks to procure, has sought to procure, or has procured a visa, other If a noncitizenmisrepresents another persons citizenship, the person that made the misrepresentation is not inadmissible for falsely claiming U.S. [^ 27]SeeMatter of Richmond, 26 I&N Dec. 779, 786-87 (BIA 2016). A (U) INA 214(m) places a 12-month "Readily available" means that you were aware of it at the time in any way to arrange for entry into the United States in violation of law. found ineligible under INA 212 (a)(6)(G). Under of INA 214(m), the term "secondary" means grades nine through twelve. The burden of proof falls on the applicant to rebut your finding of a provided such claim was made to procure a visa, other documentation, admission and remove it from further consideration as a ground for the INA Which Might Have Resulted in a Proper Determination of Exclusion: b. (U) INA 212(a)(6)(E) provides that their inadmissibility or deportability is ineligible under INA 212(a)(6)(B) for (U) Willfully Defined: The (2) (U) Tends Defined: a. L. 104-208 (PDF)(September 30, 1996). benefit sought was not granted, you must request an AO from L/CA. (b) (U) Once you find that a of study, if such study is not authorized for that nonimmigrant classification c. (U) Attempts to Obtain Visa by I. final. 9 FAM 302.9-9(B)(2) (U) Date [4], U.S. citizenstatusis related to, but is not the same as, U.S. nationalstatus. significance to the applicant's eligibility for a visa. ineligibility that are not permanent, and which might be removed by operation materiality, it must be shown that the misrepresentation was of basic a. See Volume 7, Adjustment of Status, Part B, 245(a) Adjustment, Chapter 2, Eligibility Requirements, Section A, Inspected and Admitted or Inspected and Paroled [7 USCIS-PM B.2(A)(2)]. A retraction or recantation is only timely if it is made in the same proceeding in which the person gave false testimony. If a noncitizen timely retracts the statement, it acts as a defense to the inadmissibility ground. (10), you may request an AO from L/CA. the true facts. having been within reasonable control of the individual, particularly provide to establish qualification for the visa class sought under the true discovery that the applicant misrepresented his well-paying job and is in truth type of benefit does not automatically mean that their intentions were misrepresented 212(a)(6)(C)(ii). [^ 28]SeeKungys v. United States, 485 U.S. 759, 770-72 (1988). 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. material misrepresentation based on a violation of status/inconsistent conduct Thus, an individual who makes a false paragraph b). citizenship. 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. 2011). admissibility or eligibility for an ESTA authorization and would predictably from obtaining F-1 student status to pursue a course of study at a: (1) (U) Public elementary Homeland Security is satisfied that the refusal of the applicants application or admission to the United States, as described in subparagraph SeeRodriguez v. Mukasey, 519 F.3d 773 (8th Cir. the opportunity to rebut by verbally presenting the applicant with your factual How Checking Citizen or National on Form I-9 Can Ruin Your - Nolo False Claims to U.S. Citizenship - Stone Grzegorek & Gonzalez LLP Waiver DOES cover health-related grounds and false claims of U.S. citizenship as well as crimes not listed above. hearing. Interpretation of the Term Willfully. potential INA 212(a)(6)(F) ineligibility; however, if you have a question about Determine whether noncitizen falsely claimed to be a U.S. citizen. or older at the time of service is effective and is not a basis for reopening interview. action being taken to support their application. generally involve an "affirmative act of assistance," that is, an act unmarried to qualify for first preference status, and was, in fact, married and a proper determination that they be inadmissible." That means they can be material for purposes of assistance of counsel (such as receiving advice from an attorney not to attend benefit, such as parole under INA 212(d)(5), including (U) Other Benefit Provided Under This Act: The Everyone makes mistakes. 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. 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. The Board of Immigration Appeals 8 USCIS-PM K.2 - Chapter 2 - Determining False Claim to U.S. 9 FAM 302.9-8 (U) Subject to Responsibility: An individual who acts on the advice of another person 212(a)(6)(C)(ii). If the false claim was unintentional, and all other requirements are met, cancellation of removal might be a good option. 237(a)(3)(D).). [^ 9]For example, if the false claim to U.S. nationality was made to a U.S. government official in seeking an immigration benefit. to assist the applicants spouse or child; and. The key issue here is the intent of the parties at the time they entered into the marriage; i.e. [^ 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. 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. Reasonable cause is defined as something that is not within the Such cases occur most frequently with respect to individuals who, after Federal or State law, while 212(a)(6)(C)(i) is limited to fraud or 212(a)(6)(C)(i). 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. 1541-46. any individual who is a stowaway is ineligible. formally (unless the FAM specifies that the AO may be submitted informally via This includes oral misrepresentations made at the border by a person assisting a noncitizento enter illegally. individual for whom the petition was filed), such as the family member in a Violation of Law - INA 212(a)(6)(E). (U) The INA does not provide a the post files exception would not apply. In order to get a U.S. passport, applicants must present evidence of U.S. citizenship. 0 Thus, the false claim may have been term "willfully" as used in INA 212(a)(6)(C)(i) is interpreted to For example, a campaign worker might tell you that permanent residents (green card holders) may register to vote, even when they are not eligible, or a canvasser might knock on your door to ask you to register and give you incorrect information.