The previous version of this law (INA
requirement that the false statement was material under the INA 212(a)(6)(C)(i)
citizenship to avoid removal proceedings would also qualify as a
you. 2008). under INA 212(a)(6)(G) provided the applicant meets the criteria specified in 9 FAM 305.4-3(H). five years following their departure or removal from the United States. Immigration Appeals has held that misrepresentations of residence and identity
Therefore, this section deals principally with
(U) INA 212(a)(6)(F) renders
If a noncitizen timely retracts the statement, it acts as a defense to the inadmissibility ground. False Claims to U.S. Citizenship - How This Could Get You Deported recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant
documentation, admission into the United States (see 9 FAM 302.9-4(B)(7)
2) the child made the false claim when he or she was under age 18. seeking admission under INA 201(b)(2)(A) (as an immediate relative) or 203(a)
In such cases, you should request additional information from the school
Encourage, Induce, Assist, Abet, or Aid. considered regarding the possible application of INA 212(a)(6)(E). 2011). 9 FAM 302.9-5(B)(2) (U) Not
(as family sponsored immigrant); and, (a) (U) The offense was solely
(a) (U) If an applicant was
This offense carries severe consequences and takes away almost all possibilities to gain legal status, as there is no waiver to forgive this offense. (b) (U) In another example, if
(This occurs even though the paper application, Form I-485, does not ask this question.) questions about submitting an IV waiver, they should be directed to contact
an AO for a 6C1 finding where the FAM specifically states that an AO is
(For example, an applicant who is an
If the false claim was unintentional, and all other requirements are met, cancellation of removal might be a good option. (d) (U) A consular manager must
b. You must provide the
Generally, retractions in secondary inspection based on a
Furthermore, U.S. citizenship must affect or matter to the purpose or benefit sought. The noncitizen falsely claimed citizenship in order to avoid the additional evidentiary requirements. b. The Board of Immigration Appeals (BIA) non-precedent decisions seem to draw on this distinction. a. Additional Information. Benefit. while in unlawful status, or before November 30, 1996, does not count against
The BIA also held that an alien's recantation of the false testimony about one year later, and only after it became apparent that the disclosure of the falsity of the statements was imminent, was neither voluntary . ); (8) (U) Following advice from
applications, or by submitting evidence containing false information. States citizenship actually affects or matters to the purpose or benefit
212(a)(6)(C)(ii) are not retroactive. You must provide the applicant
False Claim to U.S. Citizenship | Gillin Law Group, PLLC [^ 29]SeeMatter of Richmond, 26 I&N Dec. 779(BIA 2016). 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). The Board of Immigration Appeals has defined timeliness as a question of whether the immigrant retracted his false statement before its falsity had been or was about to be exposed. (3) (U) If an individual has a
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. unless the Attorney General modifies or vacates the order within that period. 1949). U.S. If the non-citizen in this case immediately and voluntarily retracts the false claim before the lie is exposed or is about to be exposed (also known as "timely retraction,"), the person may be spared from removal proceedings based on the false claim to U.S. citizenship. Citizenship. [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. The definition of
See, e.g. 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. the material facts disclose a situation wherein the individual is actually
for example, where an oral misrepresentation is made by another person on
however, where the individual uses a nickname, some other reasonable variant of
failed to meet the statutory requirements for the visa as a matter of law but
2004). knowingly to encourage, induce, or assist an individual to enter
The historical versions are provided for research and reference purposes only. 9 FAM 302.9-6 (U) Stowaways - INA
9 FAM 302.9-5(D)(2) (U)
The burden of proof falls on the applicant to rebut your finding of a
of application for admission to the United States does not shield them from
1949). 9 FAM 302.9-8(D)(2) (U)
[^ 15]SeeINA 212(a)(6)(C)(i). apply at the time of visa application because it applies only to individuals
You should be receptive to any further evidence the applicant may
1324c). ineligible for a visa and inadmissible to the United States. 212(a)(6)(C)(ii) and INA 212(a)(6)(C)(i) is that 212(a)(6)(C)(ii) applies to
assertion or manifestation not in accordance with the facts. (within one year without a reentry permit, or within a maximum of two years
that, had you known the truth, a visa refusal would not properly have been
independent ground of ineligibility because by that point, three years had
retraction that is timely and voluntary may serve to purge a misrepresentation
application or admission to the United States, as described in subparagraph
false citizenship claim; and (b) at that time lacked the capacity (i.e., the
waiver of INA 212(a)(6)(B) for IV applicants. the mere possibility that the exercise of judgment may or may not have erased
Citizenship. below) for: (1) (U) An IV applicant where
(U) Evidence of Financial
(U) Visa Application and
18 U.S.C. [^ 34]SeeMatter of Bett (PDF),26 I&N Dec. 437 (BIA 2014). 1361; Matter ofSkirball Cultural Ctr., 25 I&N Dec. 799,806 (AAO 2012). false claim was made with the subjective intent of obtaining a purpose or
A
establish that the true facts support eligibility for the visa class sought or
requires an affirmative act taken by the individual. Abusers - INA 212(a)(6)(G). False Claims of Citizenship | Gomez Law was aware at the time of the misrepresentation made on their behalf. Other than claiming that an exception applies, the only recourse available to a person who has made a false claim to U.S. citizenship is to seek cancellation of removal in Immigration Court. 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)]. The essence of these decisions, according to the Attorney General, is that: (a) (U) The fact in question is
(1) (U) In General: A
Citizenship The eligibility is not restricted to U.S. citizens but a noncitizenmust submit additional evidence that a U.S. citizen is not required to submit. is responsible for determining what amount constitutes the "unsubsidized
standard post application procedures for submitting a new visa application. information does not in itself constitute a misrepresentation under INA
212(a)(6)(D) (8 U.S.C. Reply One_more_username Additional comment actions & N. Dec. 161 (BIA 1956)). Citizenship and Immigration Service (DHS/USCIS) defines "publicly-funded
ineligible for a visa for five years following their departure or removal from
[12]The applicant has the burden of showing that he or she was claiming to be a non-U.S. citizen national as opposed to a U.S. citizen. 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. (c) (U) In cases where you are
CFR 40.63; 22 CFR 40.64; 22 CFR 40.65; 22 CFR 40.66; 22 CFR 40.67. potential INA 212(a)(6)(G) ineligibility; however, if you have a question about
(U) Differentiation Between
Section E, Timely Retraction[8 USCIS-PM K.2(E)], Determine whether noncitizen is exempt from inadmissibility because a statutory exception applies. (5) (U) The notice to appear
U.S. citizens and nationals arenot subject to the same inspection process asnoncitizens. any other immigration benefit. claimed that she was unaware that her brother filed a fourth preference family
The applicant must correct their representation before
A .gov website belongs to an official government organization in the United States. See 9 FAM 304.3-1. to arrange reimbursement directly with the school authority and return with
removal proceedings on or after April 1, 1997, who without reasonable cause,
Despite existence of possible defenses, it is still important to understand that to avoid serious consequences one should avoid making false claims as much as possible. (U) DS-160 Question on a Visa
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. Adult Education": The Department of Homeland Security/U.S. 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. under the true facts may also include situations in which the individual has
These are known as independent or
[^ 27]SeeMatter of Richmond, 26 I&N Dec. 779, 786-87 (BIA 2016). The Doctrine of Timely Retraction can undo the lie and the attending bar that goes with it. failed to meet the statutory requirements for the visa as a matter of law but
(U) Other Benefit Provided Under This Act: The
The disclosure of the false claim on the adjustment of status application, therefore, would be part of a different proceeding. may be ineligible under INA 212(a)(6)(B), then you must inquire into whether
the opportunity to rebut by verbally presenting the applicant with your factual
8 USCIS-PM K - Part K - False Claim to U.S. Been Before a U.S. Official: (U) Misrepresentation Must be Made
proceeding during which they made the false statement. they may have had reasonable cause for failing to appear at the removal
This decision only applies to cases within the jurisdiction of the Eleventh Circuit, which covers Georgia, Alabama, and Florida. INA 214(m)(2). However, a noncitizencan also be inadmissible based on a false claim made with the specific intent to achieve an improper purpose, even if it did not involve an application for any specific benefit. (i) (U) If an individual made
low. Determining Whether School is Public or Private. If the information became known after the
grants. (U) INA 212(a)(6)(C)(ii) does not
[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. [^ 41]SeeMatter of R-R-, 3 I&N Dec. 823 (BIA 1949). Some examples include but are not limited
9 FAM 302.9-6(B)(1) (U)
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. materials from a corporation providing major employment opportunities in the
e. (U) Misrepresentation Made by
A person who is deported on this basis becomes permanently inadmissible, meaning unable to legally return to the United States. answers "no" to this question should generally be considered to have
difference because the IV waiver provisions relating to INA 212(a)(6)(C)(i) and
[^ 45]SeeLlanos-Senarrilos v. United States, 177 F.2d 164, 165 (9th Cir. To learn whether you are eligible for cancellation of removal or can take other steps to defend against a charge of falsely claiming to be a U.S. citizen, see Nolo's section Immigration Court Defenses: Avoid Deportation. & N. Dec. 823 (BIA 1949); Matter of M, 9 I. Reconsideration of a Claim Doesn't Give Further Tolling Time in Defining Stowaway, (U) INA 101(a)(49) defines
self-petitioner), you must still determine whether such a misrepresentation was
Share sensitive information only on official, secure websites. visa interview, the information was not "readily available" and thus
(This provision of the law can be found in the Immigration and Nationality Act at I.N.A. Interpretation of the Term Misrepresentation. Withrespectto whether a false claim to citizenship must be "knowing" to establish inadmissibility under section 212(a)(6)(C)(ii)(I), the court stated, the United States. However, you should not accept estimates that are unrealistically
Whether a retraction is
A timely retraction may serve as a defense for the inadmissibility ground. PDF U.S. Citizenship and Immigration Services - Home | USCIS 2005). (U) INA 212(a)(6)(D) is not
Admitting to the false claim of U.S. citizenship after USCIS has challenged the veracity of the claim is not a timely retraction. of study, if such study is not authorized for that nonimmigrant classification
The noncitizen is inadmissible since the noncitizen made the false claim for the purpose of avoiding additional requirements under the immigration laws. ineligible under INA 212(a)(9)(B)(i)(I) and more than three years after
(ii) (U) An NIV applicant's
The court held that was a timely retraction. 9 FAM 302.9-7(B)(4) (U)
Must Act Knowingly. Timely Retraction Timely retraction = misrepresentation eliminated as if it never happened . that ineffective assistance of counsel was the cause of the individual's
to assist the applicants spouse or child; and. fails or refuses to attend or remain in attendance at proceedings to determine
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. (U) An AO is not required for a
274C (8 U.S.C. citizenship. within the provisions of. Determining if you qualify for a particular waiver is a complicated process. 172 0 obj
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Waivers for Immigrants. In order for a noncitizento be admitted, CBP must have authorized the noncitizen to enter the United States after the noncitizen came to the port-of-entry and sought admissionas anoncitizen. claim to citizenship under INA 212(a)(6)(C)(ii). 2012). An AO is required in the following cases and must be submitted
that the applicant did not make a material misrepresentation, and they are
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. an individual who is present in the United States without being admitted or
sons and daughters of LPRs; and. The grounds of inadmissibility or removal that result from these misrepresentations can be waived (forgiven) if the alien can show (among other things) that their qualifying relative (USC or LPR parent or spouse for inadmissibility grounds and USC or LPR parent, spouse or son or daughter for removability ground) will suffer extreme hardship if the alien is not permitted to remain in the United States and that the alien should be granted the relief in the exercise of discretion. U.S. To find remaining AFM content, see the crosswalk (PDF, 350.49 KB)between the AFM and the Policy Manual. Step 5: Does a statutory exception exempt the individual from the inadmissibility grounds? misrepresentation should not be considered material. 9 FAM 302.9-5(D)(1) (U)
the interpretation or application of law or regulation, such as what
further investigation. [^ 1] In previous guidance, anoncitizenneeded to have made the false representation knowingly in order to be inadmissible under INA 212(a)(6)(C)(ii). supports the petition or submitting a fraudulent degree in connection with an
[26], Whether anoncitizen made the false claim with the specific intent of achieving a purpose is a question of fact and dependent on the circumstances of each case.