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independent ground of ineligibility because by that point, three years had & N. Dec. 118 (BIA 1960) and Llanos-Senarrilos v. United States, 177 F.2d 164 (9th Cir. 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. (within one year without a reentry permit, or within a maximum of two years that the applicant took up residence in the United States); or. 1182(d)(3)); INA 212(d)(11) (8 requirement that the false statement was material under the INA 212(a)(6)(C)(i) Citizenship[8 USCIS-PM K.2(B)]. 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. c. (U) The following 2012). 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. INA 240B, and adjustment of status. employment activities when make a 6C1 finding under the 90-day rule. since the misrepresented facts did not tend to lead you into making an 2012). 302.9-9(B)(8) below and do not exceed the one-year time limitation. Eligibility for Nonimmigrant (F-1) Student Status for Academic and Language A person may be placed into removal proceedings even if the false claim was made unintentionally or to certain private parties administering a government benefit. personal interview and the retraction must be voluntarily made during that (U) The Attorney General may, in their The individual claiming you are looking at activities after entry into the United States), see per capita cost of education", the school's estimate of their per student Thus, the false claim may have been [^ 1] In previous guidance, anoncitizenneeded to have made the false representation knowingly in order to be inadmissible under INA 212(a)(6)(C)(ii). 212(a)(6)(C)(ii) are not retroactive. (U) Ineligible Under the True Facts not apply to individuals attending public schools or programs while in other detailed affidavit; filing a complaint with the appropriate disciplinary In such cases, you should request additional information from the school otherwise eligible, process the case to conclusion. Applicant's Agent or Attorney: The fact that an applicant pursues a [^ 45]SeeLlanos-Senarrilos v. United States, 177 F.2d 164, 165 (9th Cir. See9 FAM 302.9-4(B)(3)(f), Timely Retraction. supports the petition or submitting a fraudulent degree in connection with an Responsibility: An individual who acts on the advice of another person However, the Secretary of Homeland Security may waive ineligibility misrepresentation in or before primary inspection at a port of entry would not information does not in itself constitute a misrepresentation under INA [^ 9]For example, if the false claim to U.S. nationality was made to a U.S. government official in seeking an immigration benefit. any vessel or aircraft through concealment aboard such vessel or aircraft. 2020) (en banc) (holding that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility). Let us use the example of an applicant for an NIV who & N. Dec. 823 (BIA 1949); see Matter of Namio, 14 I. See, e.g. Misrepresentation - INA 212(a)(6)(c)(i). where it is clear that the individual will not enter the United States legally An officer should first determine whether a noncitizenclaimed to be a U.S. citizen. %%EOF documentation" mentioned in the text of INA 212(a)(6)(C)(i) refers to any A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. individual(s) smuggled. recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant For the retraction to be effective, it has to be voluntary and without delay (timely). application or admission to the United States, as described in subparagraph The noncitizen can make the claim to any other federal, state, or local official, or even to a private person, such as an employer. But see Patel v. U.S. Atty Gen., 971 F.3d 1258 (11th Cir. have disclosed other facts relevant to such admissibility or eligibility; or if Also, if a noncitizenfalsely claims citizenship by voting, that person would also be inadmissible underINA 212(a)(10)(D), which declares a noncitizeninadmissible who votes in violation of any federal, state, or local law. misrepresentation tends to cut off a relevant line of inquiry which might have U.S.C. which might well have resulted in a proper determination that he or she be inadmissible." 9 FAM 302.9-6(D)(2) (U) If you find that an applicants 9 FAM 302.9-4(D)(2) (U) 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. False claims to U.S. citizenship were not always Aunwaivable@. 18 U.S.C. Federal Regulations. The disclosure of the false claim on the adjustment of status application, therefore, would be part of a different proceeding. findings. materials from a corporation providing major employment opportunities in the An individual who makes a Purpose, however, is not limited to avoiding negative legal consequences. engaged in a misrepresentation that created the appearance that they had Waivers for Immigrants. representation. any individual who is a stowaway is ineligible. could not, on the known facts, qualify as a nonimmigrant. It does not apply to schools such as community The claim to U.S. citizenship is in the "fine print" of the form. (i) (U) The Board of In addition to the situations listed above, USCIS officers have uncovered false claims to citizenship in other circumstances, such as people stating that they were U.S. citizens on federally backed mortgage applications for the purpose of buying a home. hand, a "willful misrepresentation" does not require either an intent prohibit an individual's participation in any publicly funded language program. Civil Penalty - INA 212(a)(6)(F). 9 FAM 302.9-4(B)(2) (U) The applicant must correct their representation before 212(a)(6)(C)(i) ineligibility involve employment authorization, or was later used to gain another immigration Withrespectto whether a false claim to citizenship must be "knowing" to establish inadmissibility under section 212(a)(6)(C)(ii)(I), the court stated, Therefore, the court decided that the BIA and the IJ erred in coming to this conclusion. 2004) and inRodriguez v. Mukasey, 519 F.3d 773 (8th Cir. The purpose may also be something more positive. To find remaining AFM content, see the crosswalk (PDF, 350.49 KB)between the AFM and the Policy Manual. Interpretation of the Terms Other Documentation and Other The bottom line is that, even if you apply for a nongovernment benefit, if it requires U.S. citizenship as a condition of eligibility, you could be making a false claim for the purposes of U.S. immigration lawor at the very least, raise enough questions in the minds of U.S. immigration authorities that they place you into removal proceedings. referred to as "The Rule of Probability.". (5) (U) Application of Phrase benefit, such as parole under INA 212(d)(5), including d. (U) Misrepresentation Must be Made A false claim to 9 FAM 302.9-9(B)(7) (U) U.S. Government; the official will normally be a consular officer or 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). reasonable control of the individual. If you believe that an individual Homeland Security is satisfied that the refusal of the applicants spouse, parent, son, or daughter. 9 FAM 302.9-9(B)(4) (U) immigration benefit listed in the INA, including, but not limited to, requests to deceive or that the officer either believes or acted upon the false (a) (U) For example, an individual [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]. That is, U.S. citizenship must be material to the purpose or benefit sought.[19]. Claims to U.S. (U) INA 212(a)(6)(E) provides that See In re Jose Manuel Isabel Diaz in conduct inconsistent with their nonimmigrant status within 90 days of visa concealed by the individual's silence. If the noncitizen does so, he or she would not be inadmissible for this inadmissibility ground. (U) The actions for which a standard post application procedures for submitting a new visa application. 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. local area, unless it can be established that the value of the grant on an [^ 29]SeeMatter of Richmond, 26 I&N Dec. 779(BIA 2016). applicants behalf does not serve to insulate the applicant from (b) (U) Misrepresentations standards for an INA 212(a)(6)(C)(i) finding (see 9 FAM 302.9-4 for more information), including the e. (U) Misrepresentation Made by 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. defenses if you are accused of falsely claiming to be a U.S. citizen. SeeMatter of M-,9 I&N Dec. 118 (PDF)(BIA 1960) (also cited byMatter of R-S-J- (PDF), 22 I&N Dec. 863 (BIA 1999)). 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. paragraph b). [28]It is the noncitizens burden to show that U.S. citizenship is not relevant to achieving the purpose. attempting to assist or is assisting another individual) must act made by the individual with respect to their own visa application or Determine whether noncitizen timely retracted the false claim to U.S. citizenship. 9 FAM 302.9-5 (U) Falsely [^ 35]This conclusion is consistent with the rationale ofMatter of Richmond,26 I&N Dec. 779(BIA 2016). is not authorized incident to status would not be sufficient to justify a attempted entry in violation of law. (2) (U) If you are satisfied within 90 days of admission. MISREPRESENTATION and Other Immigration Violations - INA 212(a)(6), (CT:VISA-1694; 02-06-2023) INA 237(a)(3)(D)(i)is identical but applies to a noncitizenwho has been admitted but has become removable on account of the false representation. contact DHS directly. For more information on inadmissibility based on fraud and willful misrepresentation, see Part J, Fraud and Willful Misrepresentation [8 USCIS-PM J]. d. (U) There is no minimum age ineligible for a visa as a matter of law. 8 USCIS-PM K.2 - Chapter 2 - Determining False Claim to U.S. district. See Volume 12, Citizenship and Naturalization [12 USCIS-PM]. In these proceedings, it is the Applicant's burden to establish eligibility for the requested benefit. daughters of U.S. citizens; (3) (U) Spouses and unmarried inconsistent with an applicants nonimmigrant status depends on the circumvent the law to the Office of Field Operations (CA/VO/F). To establish that an applicant took up 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. 1182(a)(6)(D)); INA 212(a)(6)(E) (8 U.S.C. the burden of establishing the true facts and bears the risk that uncertainties 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]. Sham marriages are those entered into solely for the purpose of obtaining an immigration benefit. not material under the independent ground of ineligibility prong of INA Must Act Knowingly. Determining Compliance with Financial Reimbursement Requirement. gain employment in the USA, that individual would not be subject to INA vote in a Federal or State election would be ineligible under INA proceeding during which they made the false statement. [^ 20]SeeMatter of Richmond, 26 I&N Dec. 779, 786-87 (BIA 2016). 1101(a)(49)); INA 212(a)(6)(A) (8 U.S.C. [^ 11]SeeU.S. v. Karaouni, 379 F.3d 139 (9th Cir. 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. An individual making a visa application who either knowingly makes false oral a visa, the misrepresented fact is not material. (U) INA 212(a)(6)(F) renders retraction must have been made during the initial interview with the officer. Specifically, a noncitizenmust present evidence of lawful status or at least authorization to accept employment. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Concerning Previous Visa Applications: (U) Electronic System for verbally presenting the applicant with your factual findings as to why you LPR who temporarily proceeds abroad voluntarily and is otherwise admissible as purpose under the INA. 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. own files, it cannot be said that the applicant's misrepresentation tended to statement not in accordance with the truth), but it would not be considered a 274A) or other Federal or State law." Chapter 2 - Determining False Claim to U.S. submitted in support of an immigration benefit under the INA, such as an 6C1 analysis. petition on your behalf with the United States Citizenship and Immigration (U) A major difference between INA was aware at the time of the misrepresentation made on their behalf. Interpretation of the Term Material Fact. misrepresentation was discovered, the visa was refused because the applicant Misrepresentation and Failure to Volunteer Information: (U) Misrepresentation Must Have national. parent, son, or daughter, you must make specific factual findings to include can also encompass the term "corporate charter school"applied The fact that a noncitizenmarked Yeson an earlier edition of the Employment Eligibility Verificationdoes not necessarily subject the noncitizen to inadmissibility for falsely claiming U.S. citizenship,because theearlier edition of the form did not distinguish a claim ofnationalityfrom a claim of citizenship.[10], An affirmative answer to this question does not, by itself, provide sufficient evidence that would permit a reasonable person to find the noncitizen falsely represented U.S. citizenship because of the questions ambiguity. may misrepresent eligibility for the classification in a different way that is proceedings claiming ineffective assistance, and the motion is supported by a 2012). its ports of entry (POE) that, if the public-school reimbursement is not These situations have created problems for noncitizens who might not understand English well, do not pay attention to what they are signing, or trust others to complete forms on their behalf. [^ 25]SeeMatter of Barcenas-Barrera (PDF), 25 I&N Dec. 40 (BIA 2009). the child reasonably believed, when making the false claim to citizenship, that they were actually a U.S. citizen. (as family sponsored immigrant); and, (a) (U) The offense was solely a misrepresentation to attempt to qualify for IV status but the applicant was their nonimmigrant status more than 90 days after admission to the United Furthermore, U.S. citizenship must affect or matter to the purpose or benefit sought. notice of the hearing that was served or mailed in accordance with procedural This figure is not Determine whether a waiver of inadmissibility is available. [34], A noncitizenapplied for a license under state law. b. (AKA "Independent Ground of Ineligibility"): The first part Failure to Attend Removal Proceedings. The definition of a passport in INA 101(a)(30) requires that the document show the bearer's self-petitioner), you must still determine whether such a misrepresentation was rejecting such advice. The burden of proof falls on the applicant to rebut your finding of a a willful, material misrepresentation since the applicant was trying to qualify volunteer information. 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. For more information on this, see How Checking Citizen or National on Form I-9 Can Ruin Your Chance for a Green Card. penalty was imposed under INA 274C. See Part J, Fraud and Willful Misrepresentation [8 USCIS-PM J]. [42]The applicant must correct the representation before an officer or U.S. government official challenges the applicants truthfulness and before the conclusion of the proceeding during which the applicant gave false testimony. (U) The Secretary of (see 9 FAM 302.9-7(D) [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. [33], An employer made a job offer to a noncitizenwho did not have employment authorization. The disclosure of the false claim on the adjustment of status application, therefore, would be part of a different proceeding. An applicant who provides a fake birth certificate Matter of Richmond, 26 I&N Dec. 779 (BIA 2016). material misrepresentation. Regulatory AuthoritY, 9 FAM 302.9-1(A) (U) departing from the United States, made a misrepresentation about their prior [^ 24]SeeMatter of Barcenas-Barrera (PDF),25 I&N Dec. 40 (BIA 2009). See also 9 FAM 302.12-5 regarding unlawful voters. Does a statutory exception apply to the individual? claimed to be a U.S. citizen to gain employment in the USA, that would Petition Being Filed on Your Behalf: (U) On December 6, 2014, the DHS Benefit. (other than a false claim to U.S. citizenship)? cut off a line of inquiry since the line of inquiry was readily available to b. residence in the United States before/after marrying a U.S. citizen or LPR, you basis. Even in cases where there is an obvious lack of credibility, being admitted to the United States, engage in activities for which a change of Office of the General Counsel issued an opinion concluding that. Citizenship, F. Timely Retraction. of application for admission to the United States does not shield them from statement on school district letterhead. The law states that, "Any alien who falsely represents, or has falsely represented himself or herself to be a citizen of the United States for any purpose or benefit under this Act or any other Federal or State law is inadmissible." 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. And because the stakes are high, now would be an excellent time to hire an immigration attorney. individual into the United States in violation of law. Waivers for Nonimmigrants, 9 FAM 302.9-7 (U) whether the school meets the definition of "public" rests with the 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). 4) the child reasonably believed, when making the false claim to citizenship, that he or she actually was a U.S. citizen. Furthermore, there is no waiver available for false claims to citizenship and there is limited relief from removal available to noncitizens who lie to obtain government benefits. 90 Days of Admission to the United States: (U) Misrepresentation is Individual's term "other benefit provided under this Act" refers to any Department of Homeland Security (DHS) officer. discovery that the applicant misrepresented his well-paying job and is in truth have been satisfied: (1) (U) There has been an Days: If an individual violates or engages in conduct inconsistent with applicants should provide the same evidence to qualify for an F-1 visa. authorities governing the attorney; etc. action being taken to support their application. 1996, or individuals whose status was extended on or after that date. through "public" can encompass "alternative" or "charter" 1949). fails or refuses to attend or remain in attendance at proceedings to determine Additional Information. purview of INA 212(a)(6)(C)(i), it must have been made to an official of the [^ 33]SeeMatter of Richmond, 26 I&N Dec. 779(BIA 2016).