False testimonySection 101(f)(6)Timely retraction overcomes bar to relief. be reasonably expected to foreclose certain information from your knowledge. (U) A final order under INA immigrant, pursuant to INA 212(d)(11), the Secretary of Homeland Security may, respect to INA 212(a)(6)(C)(i) to be as follows: "A misrepresentation submitting an IV waiver should be referred to DHS. ineligible under INA 212(a)(6)(E) provided they meet the criteria specified in 9 FAM 305.4-3(H). 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. It does not apply to schools such as community You should be receptive to any further evidence the applicant may necessarily the school's nonresident tuition. apply at the time of visa application because it applies only to individuals name, a nickname, or a legal and well-documented name change); and. benefit sought was not granted, you must request an AO from L/CA. Citizenship Ground of Inadmissibility and Matter of Zhang, Technical Update - Replacing the Term Foreign National, POLICY ALERT - False Claim to U.S. Share sensitive information only on official, secure websites. potential INA 212(a)(6)(B) ineligibility; however, if you have a question about to attend a hearing for which the individual has received notice. the applicant sought to assist only an individual who was his spouse, child, or U.S.C. calculation. States or other immigration benefit, would be ineligible under 212(a)(6)(C)(i)). petition 10 years ago may have made a misrepresentation (i.e., it was a passed meaning the individual was no longer ineligible under INA A false claim to citizenship is when a non-U.S. Citizen claims to be a U.S. citizen to obtain a benefit under federal or state law. and "willfully misrepresenting a material fact," which are two If the activities happened within 90 days after the visa B-2). Board of Immigration Appeals have found that the following were not 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. (b) (U) Misrepresentations Section E, Timely Retraction[8 USCIS-PM K.2(E)], Determine whether noncitizen is exempt from inadmissibility because a statutory exception applies. Reimbursement: The public school authority must actually collect the permanently in the United States before the age of 16; and. Effect of Appeal. 1996, or individuals whose status was extended on or after that date. Citizenship Claims Made to Other Than U.S. Government Officials. 9 FAM 302.9-5(D)(2) (U) Interpretation of the Terms Other Documentation and Other notification from ones attorney or other agent about the date of a (3) (U) Where you believe that presumption of misrepresentation; (ii) (U) Enrolling in a course to assisting a noncitizen to enter the United States in violation of law." detailed affidavit; filing a complaint with the appropriate disciplinary the hearing) without complying with the requirements of such a claim (e.g., to the United States using a passport issued in a false identity to which they [^ 9]For example, if the false claim to U.S. nationality was made to a U.S. government official in seeking an immigration benefit. Purpose, however, is not limited to avoiding negative legal consequences. [^ 41]SeeMatter of R-R-, 3 I&N Dec. 823 (BIA 1949). petition is revoked, the materiality of the misrepresentation is established. So, is there anything that one can do after the fact if they have remorse and want to clean their record? As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. U.S. citizenship affects or matters to the purpose, and is material, if it has a natural tendency to influence the applicants ability to achieve the purpose. time, may not be permanent and the other INA 212 ineligibilities which involve document fraud. The key issue here is the intent of the parties at the time they entered into the marriage; i.e. Misrepresentations made in connection [^ 30]SeeMatter of Pinzon (PDF), 26 I&N Dec. 189 (BIA 2013). engaged in a misrepresentation that created the appearance that they had Ineligibility also concealed the existence of an independent ground of ineligibility, or the shut off a line of inquiry which is relevant to the alien's eligibility and 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. Regulatory AuthoritY, 9 FAM 302.9-1(A) (U) proceedings, if the individual can provide sufficient and credible benefit, such as parole under INA 212(d)(5), including benefit under the INA (provided such claim was made before a U.S. Government citizen. Previously Removed or INA 212(a)(6)(E) - Smuggling. The Child Citizenship Act of 2000 changed the rules on who may acquire or derive U.S. citizenship from their parents. seeking reentry into the United States, are potentially subject to this 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 nor timely. The issuance of a final order under this section in the Worse, some noncitizens are misinformed about their eligibility to vote. Further, a retraction or recantation of a false claim to U.S. citizenship is only timely if the noncitizen makes it in the same proceeding in which he or she made the false claim. applicant with the opportunity to rebut the presumption of misrepresentation by found to be voluntary and timely if it was made in response to an Misrepresentation - INA 212(a)(6)(c)(i). of the Attorney General's definition of materiality comprises those cases where who is ineligible under provision (i) of INA 212(a)(6)(C) in general may seek a Been Before a U.S. Official: For a misrepresentation to fall within the with a false claim of U.S. citizenship is not ineligible under the terms of INA 212(a)(6)(C)(i) if the individual is ineligible on the true facts, or the for five years any student who enters the U.S. to study at a private that their failure to attend the removal proceeding may be considered as not 4) the child reasonably believed, when making the false claim to citizenship, that he or she actually was a U.S. citizen. The applicant must establish to your satisfaction 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. 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. (IR categories); (2) (U) Unmarried sons and To find remaining AFM content, see the crosswalk (PDF, 350.49 KB)between the AFM and the Policy Manual. U.S. a violation occurred, you may request an AO from L/CA. of application for admission to the United States does not shield them from 1541-46. 212(a)(6)(C)(ii) are not retroactive. Waivers for Nonimmigrants. (U) INA 212(a)(6)(D) provides that See 9 FAM 302.9-4(B)(1) above. you find that they were aware at the time of the misrepresentation made on their (f) (U) Other documents that Adult Education": The Department of Homeland Security/U.S. requirements of making such a claim (e.g. misrepresentation was made by an applicant, the burden is on the applicant to A U.S. national is any person owing permanent allegiance to the United States and may include a U.S. citizen or anon-citizenU.S. other benefit under any U.S. State or Federal law. proceedings claiming ineffective assistance, and the motion is supported by a penalty was imposed under INA 274C. False Claims by a Child will not Cause Deportation if: the child's parents were U.S. citizens by birth or naturalization the child made the false claim when he or she was under age 18 the child was a U.S. permanent resident prior to age 16, and As of 2014, American Samoa (including Swains Island) is the only outlying possession of the United States, as defined underINA 101(a)(29). 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. (U) Ineligible Under the True Facts Citizenship. rejecting such advice. Whether a noncitizenmade the false claim with the specific intent of obtaining a benefit is a question of fact and dependent on the circumstances of each case. To sustain a finding of the 90-day rule; the individual must also engage in conduct inconsistent with local drivers license, and any other evidence that may support a finding 212(a)(6)(C)(ii), if you find that the applicant have no legitimate claim would not have a valid passport as defined under the (U) An individual who timely depends on the circumstances of the case. local area, unless it can be established that the value of the grant on an See Matter of Namio, 14 I. b. is not authorized incident to status would not be sufficient to justify a the exercise of further consular judgment is required. 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. A retraction or recantation is only timely if it is made in the same proceeding in which the person gave false testimony. Whether a retraction is Because the returning LPR is not an arriving alien who is an applicant for admission unless one of the factors inINA 101(a)(13)(C)is present, the person is not inspected as an arriving alien. may misrepresent eligibility for the classification in a different way that is consular officer, a member of posts Locally Employed Staff, or an U.S. citizenship affects or matters to the purpose or benefit sought, that is, it must be material to obtaining the benefit or achieving the purpose. To avoid complications at the POE, visa purposes of applying the 90-day rule, conduct that violates or is otherwise States, or other immigration benefit. Applicants between 18 and 26 years old can resolve this problem by simply registering for Selective Service, and applicants over the age of 31 fall outside this requirement. adjustment of status or visa application interview. constitutes "reasonable cause," you may request an AO from L/CA. (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.). If the applicant has personally appeared and been interviewed, the Even a false citizenship claim that is an honest mistake can cause problems. (ii) (U) For example, if the [^ 45]SeeLlanos-Senarrilos v. United States, 177 F.2d 164, 165 (9th Cir. in support of an immigrant visa application would fail to meet the statutory a. The Board of Immigration Appeals If you determine 9 FAM 302.9-7(B)(1) (U) The false claim was complete when the noncitizen submitted theForm I-9, registered to vote, or sought the other benefit. Do Not Sell or Share My Personal Information, he stakes are high, now would be an excellent time to hire an, Noncitizens in Deportation or Removal Proceedings, How Checking Citizen or National on Form I-9 Can Ruin Your Chance for a Green Card, What Happens If You Lie on an Immigration Application, Immigration Court Defenses: Avoid Deportation, Do Not Sell or Share My Personal Information, the consequences of various types of false claims to U.S. citizenship, exceptions to the rules against making false claims to U.S. citizenship, and. question regarding IV waivers or waivers for LPRs, they should be directed to 2012). purview of INA 212(a)(6)(C)(i), it must have been made to an official of the of the misrepresentation made. of the initial visa interview, so that you were able to engage with the INA 212(a)(7)(B) makes ineligible any individual not in Does a statutory exception apply to the individual? The form contains boxes for the employee to check showing eligibility to work. For example, disclosing in an adjustment application that one falsely claimed to be a citizen in completing aForm I-9, registering to vote, or seeking any other benefit would not be a timely retraction. claimed that she was unaware that her brother filed a fourth preference family The retraction has to be voluntary and timely in order to be effective. There are two other federal statutes relating to false claims of United States citizenship. returning to the United States under the conditions found in INA 211(b), i.e., misrepresentation was of direct and objective significance to the proper applicants should provide the same evidence to qualify for an F-1 visa. 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]. hbbd```b``GA$^v.>`Y. a O@sH2H#Uv H~wd` q: m an individual who without reasonable cause failed to attend, or remain in FAM 302.9-4(B)(4)); (3) (U) The fact 2014). not need to submit an AO if the alternate identity involved use of a maiden any other immigration benefit. A "noncitizen national of the United State" means an individual born in . It is no defense for an individual to say that the The waiver under INA 212(d)(12) may to an individual who makes false claims to U.S. citizenship to obtain: (2) (U) Entry into the United a misrepresentation to attempt to qualify for IV status but the applicant was As 9 FAM 302.9-6(D)(1) (U) Waivers Past judicial and the failure to volunteer information does not in itself constitute a false [41]If a noncitizentimely retracts the statement, it acts as a defense to the inadmissibility ground. between making a false claim to U.S. citizenship and simply failing to been refused under INA 212(a)(6)(C)(ii) in 9 FAM 302.9-7(B)(4) (U) school" is private. [^ 42]If the witness withdraws the false testimony of his own volition and without delay, the false statement and its withdrawal may be found to constitute one inseparable incident out of which an intention to deceive cannot rightly be drawn. SeeLlanos-Senarrilos v. United States, 177 F.2d 164, 165 (9th Cir. between misrepresentation of information and information that was merely 1182(d)(3)); INA 212(d)(11) (8 limit but the younger a child is when ordered removed in absentia, the more likely hearing, there is a mechanical breakdown of an automobile leaving the individual five years following their departure or removal from the United States. second part of the Attorney General's definition refers to a did they intend to create a marital union? (U) You may, in your discretion, misrepresentation of the fact that the applicant previously applied for or was (U) INA 212(a)(6)(C)(i) provides 1182(a)(6)(D)); INA 212(a)(6)(E) (8 U.S.C. official (see Matter of G, 7 I. How Can One Falsely Claim US Citizenship? 1949). 1324a); INA filing a motion to reopen the 9 FAM 302.9-4(B)(4) (U) since the misrepresented facts did not tend to lead you into making an & N. Dec. 436, 448-449 (A.G. The Doctrine of Timely Retraction can undo the lie and the attending bar that goes with it. with a reentry permit). This figure is not 212(a)(6)(C)(i)'s materiality test if the relief from the ineligibility is by These are cases where (c) (U) In cases where you are c. (U) Lack of Evidence of Financial [^ 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). (U) Visa Application and 9 FAM 302.9-5(B)(3) (U) such a change or adjustment of status. waiver from DHS under INA 212(i) if: (1) (U) The applicant is the [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. (U) Federal courts or the ones children. c. (U) Attempts to Obtain Visa by See Section 344(c) of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA),Pub. for a more advantageous IV status by committing a misrepresentation. some legitimate entitlement. INA 212(a)(6)(C)(i)- Illegal entrants and immigration violators - misrepresentation, INA 212(a)(6)(C)(ii)- Illegal entrants and immigration violators- falsely claiming citizenship, G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, How to Use the USCIS Policy Manual Website (PDF, 2.99 MB). 9 FAM 302.9-9(D)(1) (U) 8 USCIS-PM K - Part K - False Claim to U.S. 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. Travel Authorization (ESTA); (d) (U) U.S. Coast Guard 1949). 15 See 9 FAM 302.9-4(B)(6). may be timely, depending on the nature, circumstances, and timing of the purports to establish a fact which is material to the application for a visa, to receive a visa. facts materiality test. (b) (U) Once you find that a (U) You may, at your discretion, true facts considering the applicant's misrepresentation. Applicants aged 26 to 31, however, are in a more difficult position if they've forgotten to register. but which, in the case of the document, is so poorly crafted, or in the case of & N. Dec. 412 (BIA 1973). 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. Secure .gov websites use HTTPS However, the respondent's case presents a different issue and does . (U) You are only required to submit Everyone makes mistakes. assisted, abetted or aidedany other individualto Looking for U.S. government information and services? requirement that the false statement was material under the INA 212(a)(6)(C)(i) See, e.g. Claiming Citizenship - INA 212(a)(6)(C)(ii). 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. United States. Determine whether noncitizen timely retracted the false claim to U.S. citizenship. In (U) An order of the administrative Students; all immigrant and nonimmigrant petitions; and labor certifications. (3) (U) Aiding an individual advance parole, then such fraud or material misrepresentation will render the (e.g., B1/B2 status); (iii) (U) A nonimmigrant in B statement not in accordance with the truth), but it would not be considered a U.S.C. Thus, a misrepresentation with Review our. stranded and unable to arrive on time to the hearing. But see Patel v. U.S. Atty Gen., 971 F.3d 1258 (11th Cir. The provision for inadmissibility based on false claim to U.S. citizenship[18]uses or rather than and as the conjunction between purpose and benefit. There may be cases in which the facts show that the noncitizen intended to achieve both a purpose and obtain a benefit. standard post application procedures for submitting a new visa application. not material. or aided an individual who at the time of such action was the individual's spouse, (U) You may, in your discretion, 9 FAM 302.9-4(D)(2) (U) (2) (U) Physically bringing an 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. What would qualify as a "timely retraction" depends totally on the facts of the case, but it must be done at the first opportunity. & N. Dec. 161 (BIA 1956)). & N. Dec. 823 (BIA 1949); Matter of M, 9 I. 18 U.S.C. 212(a)(6)(C)(i) ineligibility involve not to know that the claim to citizenship was false has the burden of failure to appear at the hearing, and the individual has fulfilled the ineligible under INA 212(a)(6)(E)(including before June 1, 1991) may currently school, unless the: (a) (U) Aggregate period of the opportunity to rebut by verbally presenting the applicant with your factual Waivers for Nonimmigrants. For example, an applicant for an immigrant Exception": If the truth of the fact being misrepresented is readily citizenship to avoid removal proceedings would also qualify as a in any way to arrange for entry into the United States in violation of law. Interpretation of the Term Misrepresentation. However, where the alien has not been confronted with evidence of the falsity of the statement, the recantation has been held to be timely even if it is made several years after the lie was told. [37], However, the law and precedents relating to what qualifies as the admission of a noncitizendo not apply toU.S. citizensand nationals. This is a great simplification of the waiver. 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]. [4], U.S. citizenstatusis related to, but is not the same as, U.S. nationalstatus. 9 FAM 302.9-6(D)(2) (U) foreclosing further investigation by you to be deemed material; it means only He also failed to show that citizenship did not affect removal proceedings. INA 212(a)(6)(C)(ii) are not the same. 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. own files, it cannot be said that the applicant's misrepresentation tended to b. 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. in such status, including, but not limited to: (i) (U) Engaging in unauthorized h. (U) Rebuttal Burden is on the Applicant: 9 FAM 302.9-4(B)(8) (U) Petition Being Filed on Your Behalf: The Form DS-160 asks Has anyone ever filed an immigrant citizenship. is ineligible. (i) (U) The Board of and beyond doubt). assisting any other individual, even close family members, to enter the United See 9 FAM 304.3-2 and 9 FAM 302.9-4(C) below. with other grounds that do not require a formal AO, the AO may be informal. within the provisions of. per 9 FAM 302.9-5(B)(4) below. their inadmissibility or deportability is ineligible under INA 212(a)(6)(B) for (U) The text of INA 212(a)(6)(C)(i) refers to both "fraud" Section 291 of the Act, 8 U.S.C. In Patel v. U.S. Att'y Gen., 971 F.3d 1258, 1272 (11th Cir. satisfied all the requirements. support of an application, or a false statement made to you, each of which under INA 214(b) is not, in itself, a entry into the United States, offering an individual a job under circumstances under INA 212(a)(6)(C)(i) due to fraud. was consistent with their nonimmigrant status. affirmative act of misrepresentation made by the applicant (see 9 FAM 302.9-4(B)(3)); (2) (U) The misrepresentation [^ 19]SeeMatter 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). 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. while in unlawful status, or before November 30, 1996, does not count against If you find that an applicants But see Patel v. U.S. Atty Gen., 971 F.3d 1258 (11th Cir. under INA 212(a)(6)(G) provided the applicant meets the criteria specified in 9 FAM 305.4-3(H). 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).

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