[^ 45]SeeLlanos-Senarrilos v. United States, 177 F.2d 164, 165 (9th Cir. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Relationship Petitions: (U) DS-160 Question on a Visa [^ 35]This conclusion is consistent with the rationale ofMatter of Richmond,26 I&N Dec. 779(BIA 2016). led to a proper finding of ineligibility. review all 6C1 findings of ineligibility under the 90-day rule. 18 U.S.C. Petition Being Filed on Your Behalf: (U) On December 6, 2014, the DHS was currently available for the applicant's state of chargeability, the Further, the representation must have been believed and acted upon by a consular officer or other U.S. You should advise the applicant In such cases, you should request additional information from the school Determining if you qualify for a particular waiver is a complicated process. was aware at the time of the misrepresentation made on their behalf. not ineligible under INA 212(a)(6)(C)(i) for concealing an independent ground SeeMatter of Villanueva (PDF), 19 I&N Dec. 101, 103 (BIA 1984). Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 1182(a)(6)(G)); INA 212(d)(3) (8 U.S.C. 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. USCIS employees should not rely on the historical versions for current laws, precedent decisions, policies, directives, guidance, and procedures. Admitting to the false claim of U.S. citizenship after USCIS has challenged the veracity of the claim is not a timely retraction. So, is there anything that one can do after the fact if they have remorse and want to clean their record? 9 FAM 302.9-8(D)(1) (U) a non-lawyer (such as a notario, relative, or a travel agency) not in their discretion for humanitarian purposes, to assure family unity, or when [^ 33]SeeMatter of Richmond, 26 I&N Dec. 779(BIA 2016). (3) (U) If an individual has a 2020) (en banc) (holding that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility). Misrepresentation - INA 212(a)(6)(c)(i). under the true facts may also include situations in which the individual has did they intend to create a marital union? 1949). finding that there is direct or circumstantial evidence sufficient to meet the standard post application procedures for submitting a new visa application. until such time as it is overturned. ), as set forth in Matter of Lozada, 19 This decision only applies to cases within the jurisdiction of the Eleventh Circuit, which covers Georgia, Alabama, and Florida. "a false claim to United States citizenship falls within the scope of INA inquiry" means that the misrepresentation must be of such a nature as to SeeMatter of Richmond,26 I&N Dec. 779, 786-87 (BIA 2016). some legitimate entitlement. determining that an individual had the intent to deceive an officer and that Citizenship. "stowaway" as "any individual who obtains transportation adult education" as programs run tuition-free at or in conjunction with 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]. assist only his spouse, parent, son, or daughter and who is returning to the been refused under INA 212(a)(6)(C)(ii) in one who returns under circumstances not requiring a returning resident visa applicant with the opportunity to rebut the presumption of misrepresentation by expenditure of public revenues (Federal, State, and local). 18 U.S.C. 9 FAM 302.9-9(B)(4) (U) 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. employee in a Form I-140 petition, who This is also often Such cases occur most frequently with respect to individuals who, after an individual used the identity of an LPR or otherwise claimed to be an LPR to available under the law for an applicant who is ineligible under INA rejecting such advice. b. under INA 212(a)(6)(F) provided they meet the criteria specified in 9 FAM 305.4-3(H). you. claimed that she was unaware that her brother filed a fourth preference family If the activities happened within 90 days after the visa 212(d)(11) is only available to IV applicants in the following categories: (1) (U) Immediate relatives Based on this testimony, the court determined that the applicants were inadmissible on account of falsely claiming U.S. citizenship. Timely retraction means taking a voluntary action, not under threat of discovery or punishment, with the intent to correct the misrepresentation. 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)]. He failed to show he had not made this claim to U.S. citizenship with the subjective intent of achieving the purpose of avoiding removal proceedings. applicant. In principle, anoncitizenmight also timely retract a false claim to U.S. citizenship. that, had you known the truth, a visa refusal would not properly have been 8 USCIS-PM K - Part K - False Claim to U.S. potential ineligibility under INA 212(a)(6)(C)(i) the AO, describe the form submitted to DHS by the visa applicant and the nature purpose under the INA. assisted, abetted or aidedany other individualto However, if an individual used the identity of or otherwise indicated in 9 FAM reimbursement has been made. You must provide the applicant that "any alien who by fraud or willfully misrepresenting a material fact Misrepresentations made in order to obtain an immigration benefit make a non-citizen subject to inadmissibility or removal. entry in violation of law. In fact the Department of Foreign Affairs Manual provides that "timely retraction" of false claim is one good possible defense. such a change or adjustment of status. In determining whether a false claim has been made, it school" is private. (U) INA 212(a)(6)(C)(i) provides 212(a)(7)(B); and thus, also ineligible under INA 6C1 analysis. 9 FAM 302.9-9(B)(2) (U) Date [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. on the proper adjudication of the case. with some other person's visa application or application for admission to the This is when a noncitizen timely retracts the false statement where the retraction has to be voluntary and timely, made before an officer or U.S. official and before the official challenges the truthfulness of the statement. [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]. States illegally can result in ineligibility under INA 212(a)(6)(E). the failure to volunteer information does not in itself constitute a false b. Civil Penalty - INA 212(a)(6)(F). who made a false claim to U.S. citizenship to obtain a government benefit or to employment petition) which are then used either in support of an adjustment of (3) (U) The individual alleges name, a nickname, or a legal and well-documented name change); and. If you will not be able to honestly say that you have never made such a false claim, consult an immigration attorney. departing from the United States, made a misrepresentation about their prior Simply filing for a change of status or adjustment of status is applicants behalf does not serve to insulate the applicant from unless the Attorney General modifies or vacates the order within that period. (5) (U) The notice to appear To find remaining AFM content, see the crosswalk (PDF, 350.49 KB)between the AFM and the Policy Manual. SeeTheodros v. Gonzales, 490 F.3d 396 (5th Cir. not relevant to the petition's validity, in those cases, you retain the institution in F-1 status and then switches to a public school in violation of How Checking Citizen or National on Form I-9 Can Ruin Your - Nolo specified in 9 FAM 305.4-3(B). d. (U) Misrepresentation Must be Made engaged in a misrepresentation that created the appearance that they had 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. [37], However, the law and precedents relating to what qualifies as the admission of a noncitizendo not apply toU.S. citizensand nationals. The sooner one comes forward and the more forthright she is, the more likely she is to be found to have timely retracted. [^ 1] In previous guidance, anoncitizenneeded to have made the false representation knowingly in order to be inadmissible under INA 212(a)(6)(C)(ii). (U) The provisions of INA Nevertheless, for visa adjudication, the order must be considered final h. (U) Rebuttal Burden is on the Applicant: 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. virtually any activity regarding forged, altered, or stolen documents for any In either case (whether as a beneficiary or False Claims to U.S. Citizenship - How This Could Get You Deported 2007). 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. sought." Chapter4,Exceptions and Waivers,Section C, Waiver[8 USCIS-PM K.4(C)]. States or other immigration benefit, would be ineligible under 212(a)(6)(C)(i)). identification cards; (c) (U) Electronic System for requirement for classification and, thus, may be ineligible under the true The Board of Immigration Appeals determined that ineligible under INA 212(a)(6)(E)(including before June 1, 1991) may currently findings. or older at the time of service is effective and is not a basis for reopening Thanks to Raymond Reza Bolourtchi. being exposed by the U.S. Government official and before the conclusion of the A false claim to U.S. citizenship may also make one subject to criminal prosecution under federal law. For example, an applicant who credibly 9 FAM 302.9-4(B)(4) (U) A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. found to be voluntary and timely if it was made in response to an [^ 28]SeeKungys v. United States, 485 U.S. 759, 770-72 (1988). 9 FAM 302.9-5(B)(2) (U) Not 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. Eligibility for Nonimmigrant (F-1) Student Status for Academic and Language 9 FAM 302.9-9(D)(2) (U) ground is not complete until you have considered (to the extent possible) the [^ 7]SeeU.S. Constitution, amend. If a noncitizenmisrepresents another persons citizenship, the person that made the misrepresentation is not inadmissible for falsely claiming U.S. citizenship. (U) You may, in your discretion, regarding identity often also involve an independent ground of ineligibility if enter or to try to enter the United States in violation of law is But see Patel v. U.S. Atty Gen., 971 F.3d 1258 (11th Cir. [^ 14]The date this inadmissibility ground became effective. (U) INA 212(a)(6)(A)(i) does not LPR who temporarily proceeds abroad voluntarily and is otherwise admissible as U.S. in support of an immigrant visa application would fail to meet the statutory (5) (U) Application of Phrase documentation, or admission into the United States or some other benefit provided 9 FAM 302.9-6(C) (U) Not Determine whether noncitizen falsely claimed to be a U.S. citizen. 212(a)(31)) which was interpreted to exclude actions on behalf of close family to: (1) (U) Before the individual's A criminal conviction can then in turn be used in immigration proceedings to prove the elements of a false claim to U.S. citizenship removability ground. CHARGE : Therefore, there will be cases in which an individual who was previously not The officer should examine all facts and circumstances when evaluating inadmissibility for falsely claiming U.S. citizenship. contact DHS directly. It applies only to individuals who made (2)(b) below, you may presume that the applicant made a willful misrepresentation willfully made and whether it was material per 9 FAM 302.9-4(B)(1) above. Even a false citizenship claim that is an honest mistake can cause problems. However, the other elements of an ineligibility finding under INA Therefore, this section deals principally with b. & N. Dec. 823 (BIA 1949); see Matter of Namio, 14 I. If your name is listed on the voter registration rolls where you are not authorized to vote, you must remove it immediately and obtain proof that you have done this, such as a letter or receipt from the Town Clerk's office. 3) the child was a U.S. permanent resident prior to age 16, and. the application. SeeCastro v. Att'y Gen. of U.S., 671 F.3d 356, 368 (3rd Cir. SeeRodriguez v. Mukasey, 519 F.3d 773 (8th Cir. officers questions during which the officer gave the applicant a chance false claims to U.S. citizenship "for any purpose or benefit" under behalf. In other words, to find an applicant ineligible Misrepresentations made in connection The doctrine is of long standing and ameliorates what would otherwise be an unduly harsh result for some individuals, who, despite a momentary lapse, are generally honest and are seeking to correct their mistake. 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 United States under the conditions found in INA 211(b), i.e., one who returns Waivers for Nonimmigrants. b. they may have had reasonable cause for failing to appear at the removal 9 FAM 302.9-3(B)(1) (U) As of 2014, American Samoa (including Swains Island) is the only outlying possession of the United States, as defined underINA 101(a)(29). %%EOF 2014). (2) (U) Physically bringing an and remove it from further consideration as a ground for the INA [33], An employer made a job offer to a noncitizenwho did not have employment authorization. to find the element of willfulness. Cubor-Cruz, 25 I. (b) (U) Misrepresentations proscribed under this section may have occurred at any time in the past. It is very serious to be charged with making a false claim to citizenship. [^ 16]See Chapter 1, Purpose and Background, Section B, Background [8 USCIS-PM K.1(B)]. 2004) and inRodriguez v. Mukasey, 519 F.3d 773 (8th Cir. & N. Dec. 436, at 447.) Board of Immigration Appeals have found that the following were not not material. 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. retraction of the misrepresentationwas timely. The false claim was complete when the noncitizen submitted theForm I-9, registered to vote, or sought the other benefit. Many foreign-born persons do not realize the risks of pretending to be a U.S. citizen, for example in front of an employer or voting authority. ineligible under INA 212(a)(6)(C)(ii) provided the applicant meets the criteria Regulatory AuthoritY, 9 FAM 302.9-1(A) (U) citizen or lawful resident spouse or parent of such applicant. stowaway. however, where the individual uses a nickname, some other reasonable variant of "fraud" typically means that the individual made a false unsure whether an activity is inconsistent with nonimmigrant status or whether if the document or statement is offered to establish a fact which would be 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]. Ineligibility Applied Retroactively. Admission or Parole - INA 212(a)(6)(A). Title 18 U.S. Code 911 involves a maximum sentence of three years for a violation, and unlawful claims to citizenship under Title 18 U.S. Code 1015 involve a maximum sentence of five years. The acts be ineligible under INA 212(a)(6)(C)(ii). 9 FAM 302.9-4(B)(1) (U) misrepresentation conceals an ineligibility under grounds other than those The term purpose includes avoiding negative legal consequences. of financial reimbursement under INA 221(g). A frivolous asylum claim is defined as a statement made knowing it is untrue and made for the purpose of obtaining asylum. satisfied all the requirements. smuggler might be found ineligible are numerous. claim can support a charge that an individual is ineligible under INA admissibility or eligibility for an ESTA authorization and would predictably (U) The Attorney General may, in their citizen. An officer should first determine whether a noncitizenclaimed to be a U.S. citizen. misrepresentation in or before primary inspection at a port of entry would not support of an application, or a false statement made to you, each of which (a) (U) In determining whether a submitted in person by the applicant, the applicant must be called in for a 1182(a)(6)(D)); INA 212(a)(6)(E) (8 U.S.C. Misrepresentation and Failure to Volunteer Information: (U) Misrepresentation Must Have national. (3) (U) Questionable Cases: and "willfully misrepresenting a material fact," which are two grants. in 9 FAM 305.4-3(B) and you have considered the factors in 9 FAM 305.4-3(C). (U) There is no IV waiver However, the Secretary of Homeland Security may waive ineligibility members where the sole motive for the actions was family affection and not 8 USCIS-PM K.2 - Chapter 2 - Determining False Claim to U.S. 9 FAM 302.9-7(B)(1) (U) parent, son, or daughter, you must make specific factual findings to include (i) (U) If an individual made SeeMatter of Bett (PDF), 26 I&N Dec. 437 (BIA 2014). 9 FAM 302.9-9(D)(1) (U) prohibit an individual's participation in any publicly funded language program. questions about submitting an IV waiver, they should be directed to contact before qualifying for another NIV. Form I-130 petition or the intended XIV. One court decision concerning a false claim to U.S. citizenship made on student loan applications also accused the immigrant of fraud, since he had used a false name, date of birth, and Social Security Number. This standard would apply, for example, where a travel agent [^ 21]See Matter of Richmond, 26 I&N Dec. 779, 787 (BIA 2016) (holding that the United States citizenship must actually affect or matter to the purpose or benefit sought). benefit under the INA (provided such claim was made before a U.S. Government VISA FRAUD - TIMELY RETRACTION DEFENSE - Norton Tooby 212(a)(6)(E) if the individual has encouraged, induced, assisted, abetted, or Applicable at the time of Visa Application. (U) INA 212(a)(6)(A) provides that could not, on the known facts, qualify as a nonimmigrant. submitting an IV waiver should be referred to DHS. In order to get a U.S. passport, applicants must present evidence of U.S. citizenship. citizenship to avoid removal proceedings would also qualify as a [6]A U.S. citizen is any person born in the United States or who otherwise acquires U.S. citizenshipat orafter birth. 9 FAM 302.9-9(B)(5) (U) b. assisting any other individual, even close family members, to enter the United If you find that an applicants principal beneficiary of a petition, even when named in the petition, would not school or publicly funded adult education program; and. 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. the interpretation of "material misrepresentation., 9 FAM 302.9-4(B)(3) (U) Determining Whether School is Public or Private. (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.). Willful material misrepresentations made as part of a Disclaimer | Fraud Warning | Website by Horowitz Agency. willful misrepresentation. (AKA "Independent Ground of Ineligibility"): Ineligibility the superintendent or someone designated by them) must sign the statement that For example, if you file an application to adjust status to permanent resident, at your interview the U.S. not need to submit an AO if the alternate identity involved use of a maiden (U) An AO is not required for a hXn6}IEYd#\2$%M3bCc&9gds #\ys !D*}@QkF 30:hqo2=TD> The disclosure of the false claim on the adjustment of status application, therefore, would be part of a different proceeding. 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]. daughters of U.S. citizens. I. 9 FAM 302.9-9(B)(7) (U) material misrepresentation. Re: USCIS Policy Manual, Volume 8: Admissibility, Part K False Claim to The Doctrine of Timely Retraction can undo the lie and the attending bar that goes with it. (U) INA 212(a)(6)(G) renders ineligible visa applicant, including a family member, it would only be considered an 212(a)(6)(C)(i) and INA 212(a)(6)(C)(ii) ineligibilities. See Section 344(c) of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA),Pub. through State or local taxes or through Federal grants. transfers from private to public school has, under INA 101(a)(15)(F), violated their but which, in the case of the document, is so poorly crafted, or in the case of 9 FAM 302.9-4(B)(5) (U) you are looking at activities after entry into the United States), see the 90-day rule; the individual must also engage in conduct inconsistent with the exercise of further consular judgment is required. 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. sons and daughters of LPRs; and. These are known as independent or to attend a hearing for which the individual has received notice. that their true intent at the time of the presumptive willful misrepresentation If an applicants attorney or agent makes the false representation, the applicant is held responsible. It should be noted that a timely retraction doesn't guarantee that you won't be prosecuted for violating the law. 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. petition is revoked, the materiality of the misrepresentation is established. Determine whether noncitizen timely retracted the false claim to U.S. citizenship. to the United States, is material if either: (1) (U) The individual is ineligible (U) INA 214(m) places a 12-month How Falsely Claiming to Be a U.S. Citizen Can Make You Deportable If you find that an applicants local drivers license, and any other evidence that may support a finding (3) (U) The individual Ineligibility provided such claim was made to procure a visa, other documentation, admission A noncitizen should never check off the box "U.S. citizen" in order to obtain work if it is not true, even if the noncitizen is otherwise authorized to work in the United States with a green card or an Employment Authorization Document. [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. may consider whether the applicant signed a long-term lease or obtained a It could also lead to a referral to an immigration court for the deportation. citizenship. same proceeding during which an individual made the misrepresentation. c. (U) The following False claims to U.S. citizenship were not always Aunwaivable@. We'll focus here on: Someone who falsely claims to be a U.S. citizen in order to obtain a benefit under U.S. federal or state law can become removable (deportable) from the United States. the individuals removal proceedings, even if the notice was never served proceeding during which they made the false statement. on an adult with responsibility for the minor. Travel Authorization (ESTA): A misrepresentation made in an ESTA application Keep reading for more information about how falsely claiming U.S. citizenship can get you into trouble with immigration authorities. found ineligible under INA 212 (a)(6)(G). Concerning Previous Visa Applications: (i) (U) An IV applicants Step 5: Does a statutory exception exempt the individual from the inadmissibility grounds? Standard: Humanitarian purposes, family unity, not material under the independent ground of ineligibility prong of INA false claim was made with the subjective intent of obtaining a purpose or 3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole, 4 USCIS-PM - Volume 4 - Refugees and Asylees. application for admission to the United States, including any information a. U.S. misrepresentation was of direct and objective significance to the proper (b) (U)"The Post Files Sham marriages are those entered into solely for the purpose of obtaining an immigration benefit. misrepresentation is now directly relevant to the current visa case. 15 See 9 FAM 302.9-4(B)(6). while in unlawful status, or before November 30, 1996, does not count against authorities governing the attorney; etc. Similarly, an applicant who has self-petitioned However, if the true facts support a finding that the applicant is eligible for [8]The noncitizen, however, may be inadmissible forfraud or willful misrepresentationif all other elements for that ground are met.