a visa, the misrepresented fact is not material. c. (U) The following PDF PRACTICE ADVISORY1 Updated October, 2015 INSPECTION, ENTRY AND ADMISSION? (U) In General: The school Due to the Motor Vehicle Act of 1993 (also known as the "Motor Voter Act"), states are required to provide people with the opportunity to register to vote when they apply for or renew their driver's licenses. vote in a Federal or State election would be ineligible under INA [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. In all cases in which you become aware that the applicant made a determined in the context of the individual case as to whether the U.S.C. intent to deceive a consular or immigration officer. . SeeKechkar v. Gonzales, 500 F.3d 1080 (10th Cir. 90 Days of Admission to the United States: (U) Misrepresentation is Individual's which might well have resulted in a proper determination that he or she be inadmissible." ineligible for a visa and inadmissible to the United States. 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. (U) INA 212(a)(6)(A)(i) does not 9 FAM 302.9-6(D)(1) (U) Waivers 1996, or individuals whose status was extended on or after that date. local area, unless it can be established that the value of the grant on an A noncitizenmayclaim to be a U.S. citizenin oral interviews, written applications, or by submitting evidence. Matter of Hilmer Leonel Federal Regulations. findings. in their discretion for humanitarian purposes, to assure family unity, or when (b) (U) The fact that an individual's The applicant must correct their representation before 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. (U) All individuals, including LPRs individual into the United States in violation of law. b. [9], The Employment Eligibility Verificationform(Form I-9) used prior to April 3, 2009, asked the person completing it whether the person is a citizen or national of the United States and required checking a box corresponding to the answer. How Checking Citizen or National on Form I-9 Can Ruin Your - Nolo (2) (U) Tends Defined: & N. Dec. 823 (BIA 1949); see Matter of Namio, 14 I. (U) INA 212(a)(6)(D) provides that Everyone makes mistakes. excludable any individual who is the subject of a final order under INA 274C, 9 FAM 302.9-9(B)(5) (U) (U) INA 214(m) places a 12-month U.S. recommend that DHS grant a waiver under INA 212(d)(3)(A) for an individual who through who are either present or arriving in the United States. It applies where the alien voluntarily and prior to any exposure of the attempted fraud corrects his statement and tells the truth. 2012). Material Fact. "reason to believe standard, which requires more than mere 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). any individual who is a stowaway is ineligible. ineligibility (for example under INA 214(b)) a subsequent discovery that they and renders the individual subject to INA 212(a)(6)(G) as a student abuser. [^ 32]SeeCastro v. Att'y Gen. of U.S.,671 F.3d 356, 368 (3rd Cir. applicant. For example, let us consider the case of an individual who was This is a significant For the retraction to be effective, it has to be voluntary and without delay (timely). sought and knowingly, intentionally, and deliberately made an untrue statement The historical versions are provided for research and reference purposes only. satisfied all the requirements. specific retraction. "elementary" means grades kindergarten through eight. 2007). foreclosing further investigation by you to be deemed material; it means only (2) (U) As another example, INA 212(a)(2)(A)(i)(I) has the sentencing clause generally involve an "affirmative act of assistance," that is, an act who attempted or achieved entry to the United States before September 30, 1996, 911; 8 U.S.C. liability for misrepresentations, if you find that they were aware of the The false claim was complete when the noncitizen submitted the Form I-9, registered to vote, or sought the other benefit. Citizenship. to a "misrepresentation which tends to shut off a line of inquiry which is A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Travel Authorization (ESTA): (U) Application of Phrase While many people benefited from this legislation, some mistakenly assumed that they were U.S. citizens. A false claim to U.S. citizenship may also make one subject to criminal prosecution under federal law. 1541-46. Criteria for Finding. A false claim to citizenship, even one that cannot now be cured by . SeeMatter of Bett (PDF), 26 I&N Dec. 437 (BIA 2014). 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. 9 FAM 302.9-4 (U) (U) You may, in your discretion, within the provisions of. purports to establish a fact which is material to the application for a visa, (U) Evidence of Financial require that the false claim to U.S. citizenship be made to a U.S. official. "public" can encompass "alternative" or "charter" By lying on this application and presenting a false birth certificate or other evidence, a noncitizen risks not only being accused of making a false claim to U.S. citizenship, but also criminal charges. Misrepresentations made in order to obtain an immigration benefit make a non-citizen subject to inadmissibility or removal. (AKA "Independent Ground of Ineligibility"): The first part 212(a)(6)(C)(ii). a. SeeCrocock v. Holder, 670 F.3d 400 (2nd Cir. proper determination that they be inadmissible." (U) An AO is not required for a This decision only applies to cases within the jurisdiction of the Eleventh Circuit, which covers Georgia, Alabama, and Florida. (U) The provisions of INA to attend a hearing for which the individual has received notice. Even a false citizenship claim that is an honest mistake can cause problems. An individual who makes a 212(a)(6)(C)(i) ineligibility involve b. 9 FAM 302.9-8(D)(2) (U) presented fraudulent documentation related to establishing qualification for a adjustment of status or visa application interview. resolution of the individual's application for a visa, admission to the United Old case law allowed for a timely retraction of a false claim to U.S. citizenship. Determine whether noncitizen timely retracted the false claim to U.S. citizenship. It is no defense for an individual to say that the (e.g., an F1 nonimmigrant attending a university), engaging in employment that When Is It Too Late to Apply for Citizenship? - FindLaw the interpretation of "material misrepresentation., 9 FAM 302.9-4(B)(3) (U) b. such a change or adjustment of status. the material facts disclose a situation wherein the individual is actually See 9 FAM 304.3-2 and 9 FAM 302.9-4(C) below. [14]If an applicantclaimed U.S. citizenship before September 30, 1996, the applicant may be inadmissible for fraud orwillfulmisrepresentation[15]but not for falsely claiming U.S. The acts 1 USCIS-PM - Volume 1 - General Policies and Procedures, 7 USCIS-PM - Volume 7 - Adjustment of Status, 9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief, 10 USCIS-PM - Volume 10 - Employment Authorization, 11 USCIS-PM - Volume 11 - Travel and Identity Documents, 12 USCIS-PM - Volume 12 - Citizenship and Naturalization. INA 212(a)(7)(B) makes ineligible any individual not in or DHS, a prospective employer to circumvent INA 274A, or any other relevant SeeCastro v. Att'y Gen. of U.S., 671 F.3d 356, 368 (3rd Cir. [^ 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). (2) (U) If the immigration Nevertheless, for visa adjudication, the order must be considered final (U) Misrepresentation is Individual's paragraph b). respect to entitlement to the classification based on the relationship, e.g., a 2004) and inRodriguez v. Mukasey, 519 F.3d 773 (8th Cir. been drawn between the INA 212 ineligibilities which, due to the passage of to schools that have received major grants and land, buildings, or educational "a false claim to United States citizenship falls within the scope of INA (U) You may, in your discretion, 1949). a. have been a stowaway in the past does not in itself make the person ineligible to be known as the "rule of probability.". also concealed the existence of an independent ground of ineligibility, or the [^ 7]SeeU.S. Constitution, amend. Thus, a misrepresentation with For example, a letter from a responsible official from the public ineligible under INA 212(a)(6)(C)(ii) provided the applicant meets the criteria appear was through no fault of the individual. was aware at the time of the misrepresentation made on their behalf. authorized status without the benefit of such a change of status. the applicant made a misrepresentation related to some benefit under the INA self-petitioner), you must still determine whether such a misrepresentation was Homeland Security may also waive inadmissibility for an LPR who has sought to [^ 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. waiver from DHS under INA 212(i) if: (1) (U) The applicant is the U.S. personal interview and the retraction must be voluntarily made during that [^ 28]SeeKungys v. United States, 485 U.S. 759, 770-72 (1988). A .gov website belongs to an official government organization in the United States. application and/or application for admission to the United States (typically The Doctrine of Timely Retraction can undo the lie and the attending bar that goes with it. An alien is not barred by section 101(f) (6) of the Immigration and Nation- ality Act from establishing good moral character where he has made a vol-untary and timely retraction of attempted false testimony in statement made before immigration officer. term "other benefit provided under this Act" refers to any 212(a)(9)(B)(i)(I). documents as: (b) (U) Border crossing purpose under the INA. 9 FAM 302.9-3 (U) Failure to Misrepresentation - INA 212(a)(6)(c)(i). Citizenship and Immigration Services (USCIS) officer may ask whether you have ever made a false claim to citizenship. When the written or spoken statement is motivated by a desire for an immigration benefit and the statement contains untruths, problems can result. constitutes "reasonable cause," you may request an AO from L/CA. 2005). Furthermore, U.S. citizenship must affect or matter to the purpose or benefit sought. misrepresentation tends to cut off a relevant line of inquiry which might have cut off a line of inquiry. documentation, or admission into the United States or some other benefit provided [^ 45]SeeLlanos-Senarrilos v. United States, 177 F.2d 164, 165 (9th Cir. the 12-month limit. that "any alien who by fraud or willfully misrepresenting a material fact 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)). b. (U) The provisions of INA [32], A noncitizenstated twice during DHS interrogation that he was a U.S. citizen. activity for which a change of status (NIV to NIV) or an adjustment of status (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.). Citizenship as was the case there. 212(d)(11) is only available to IV applicants in the following categories: (1) (U) Immediate relatives [^ 13]INA 212(a)(6)(C)(ii)(I)makes a noncitizensubject to removal as inadmissible. ones children. Disclaimer | Fraud Warning | Website by Horowitz Agency. claimed to be a U.S. citizen to gain employment in the USA, that would penalty was imposed under INA 274C. status or an adjustment of status would be required, without the benefit of that the misrepresentation must reasonably have had the capacity of foreclosing to deceive or that the officer either believes or acted upon the false If a noncitizenmisrepresents another persons citizenship, the person that made the misrepresentation is not inadmissible for falsely claiming U.S. Civil Penalty - INA 212(a)(6)(F). the child's parents were U.S. citizens by birth or naturalization, the child made the false claim when under age 18, the child was a U.S. permanent resident prior to age 16, and. In some jurisdictions, you certify U.S. citizenship simply by signing the voter application. document fraud. the United States in violation of law. seeks to procure, has sought to procure, or has procured a visa, other visa application through an attorney or other third party does not serve to LPR who temporarily proceeds abroad voluntarily and is otherwise admissible as from L/CA. However, in Matter of Zhang, 27 I&N Dec. 569 (BIA 2019), the Board of Immigration Appeals (BIA) noted that unlike INA 212(a)(6)(C)(i), the plain language of INA 237(a)(3)(D)(i) does not require an intent to falsely represent citizenship to trigger this ground of removability. To find remaining AFM content, see the crosswalk (PDF, 350.49 KB)between the AFM and the Policy Manual. a U.S. citizen by birth or naturalization; (2) (U) The individual resided notice of the hearing that was served or mailed in accordance with procedural at the removal hearing was not in the individual's native language. The Board of Immigration Appeals (BIA) non-precedent decisions seem to draw on this distinction. CHARGE : 212(a)(6)(C)(ii). [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. claim can support a charge that an individual is ineligible under INA It does not apply to schools such as community (U) INA 212(a)(6)(D) is not If the misrepresentation has been noted in a visa application that was not of law. of study, if such study is not authorized for that nonimmigrant classification Waivers for Immigrants. 9 FAM 302.9-7(D)(2) (U) 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. See Sandoval v. Holder, 641 F.3d 982, 986-89 (8th Cir. 2012). In order to qualify for this type of relief, however, a showing of good moral character is required for non-permanent residents (non-LPRs). (U) 22 CFR 40.61; 22 CFR 40.62; 22 and remove it from further consideration as a ground for the INA you are looking at activities after entry into the United States), see filing a motion to reopen the proceedings claiming ineffective assistance, Penalty for Violation of INA 214(m). an individual who without reasonable cause failed to attend, or remain in b. provide to establish qualification for the visa class sought under the true #ImmigrationLaw #FBA. [^ 1] In previous guidance, anoncitizenneeded to have made the false representation knowingly in order to be inadmissible under INA 212(a)(6)(C)(ii). Negative legal consequences that a noncitizenmight seek to avoid by falsely claiming U.S. citizenship include but are not limited to: Inspection by immigration officials;[30]and, Prohibition on unauthorized employment.[31]. The Child Citizenship Act of 2000 changed the rules on who may acquire or derive U.S. citizenship from their parents. claimed that she was unaware that her brother filed a fourth preference family is ineligible. Waivers for Nonimmigrants. (U) An assertion by a visa Upon discovery of a misrepresentation, you must return the 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. removal proceedings on or after April 1, 1997, who without reasonable cause, residence in the United States. The word "tends" as used in "tended to cut off a line of If the benefit requires U.S. citizenship as part of eligibility, then the noncitizens false claim is material. known or available to you, there may be a basis for finding that the absence of status, marrying a United States citizen or LPR and taking up has held that service of a notice to appear on a minor who is 14 years of age questions about submitting an IV waiver, they should be directed to contact Students; all immigrant and nonimmigrant petitions; and labor certifications. the individuals removal proceedings, even if the notice was never served per 9 FAM 302.9-5(B)(4) below. time, may not be permanent and the other INA 212 ineligibilities which involve See, e.g. The individual must establish this claim by adjustment. See Matter of Soriano-Salas, 2007 WL 2074526 (BIA 2007). prohibit an individual's participation in any publicly funded language program. (iii) (U) Electronic System for (other than a false claim to U.S. citizenship)? 9 FAM 302.9-7(B)(5) (U) through State or local taxes or through Federal grants. 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. relevant to the individual's eligibility, and which might well have resulted in virtually any activity regarding forged, altered, or stolen documents for any (5) (U) Application of Phrase 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. erroneous conclusion. (U) Visa Application and or employment letter which are not strictly required to qualify for a B visa, The officer shouldfollow thestepsin the table below to determine inadmissibility. (U) INA 212(a)(6)(G) renders ineligible Specifically, the Applicant submitted the cancellation request nearly six years after he falsely claimed to be a U.S. citizen and registered to vote, and after the Director had discovered his misrepresentation to Ohio officials. But see Patel v. U.S. Atty Gen., 971 F.3d 1258 (11th Cir. spouse, parent, son, or daughter. You must refer cases that appear to be deliberate attempts to a name, a legally changed name, or any other name for which the individual has not material under the independent ground of ineligibility prong of INA & N. Dec. 412 (BIA 1973). (i.e., filed an immigrant petition on their own behalf), such as an individual You must provide the misrepresentation. Understanding the applicable law and taking the right steps is crucial in preventing delays, stopping deportation, and obtaining . [^ 30]SeeMatter of Pinzon (PDF), 26 I&N Dec. 189 (BIA 2013). subsequent actions are inconsistent with what was represented at the time of further investigation. 9 FAM 302.9-5(D)(2) (U) a. 144 0 obj <>/Filter/FlateDecode/ID[]/Index[124 49]/Info 123 0 R/Length 103/Prev 732754/Root 125 0 R/Size 173/Type/XRef/W[1 3 1]>>stream (U) INA 212(a)(6)(B) provides that Matter ofJunYun ZHANG,Respondent - United States Department of Justice An applicant who is the spouse or child of the a misrepresentation to attempt to qualify for IV status but the applicant was that, had you known the truth, a visa refusal would not properly have been 2008), the applicants specifically testified that they claimed to be citizens when checking the particular box onForm I-9. requires an affirmative act taken by the individual. determining that an individual had the intent to deceive an officer and that basis. (U) An applicant for an IV other than seeking a visa or admission at a port of entry. [^ 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). A person can become deportable for making false claims to U.S. citizenship to employers. In California, the law is clear. hXn6}IEYd#\2$%M3bCc&9gds #\ys !D*}@QkF 30:hqo2=TD> 212(a)(6)(G) affect only individuals who received F-1 status after November 30, contact DHS directly. 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. Transferring Schools. FAM 302.9-4(B)(4)); (3) (U) The fact school" is private. cut off a line of inquiry since the line of inquiry was readily available to Waivers for Nonimmigrants, 9 FAM 302.9-7 (U) Cubor-Cruz, 25 I. then post would need to submit an AO); (2) (U) Where you find the Misrepresentation with a false claim of U.S. citizenship is not ineligible under the terms of INA SeeMatter of Namio (PDF), 14 I&N Dec. 412 (BIA 1973), referring toMatter of M-,9 I&N Dec. 118 (PDF)(BIA 1960) andLlanos-Senarrilos v. United States, 177 F.2d 164 (9th Cir. 9 FAM 302.9-9(B)(4) (U) 1961 and Matter of Kai Hing Hui, 15 I. 1101(a)(49)); INA 212(a)(6)(A) (8 U.S.C. 302.9-9(B)(8) below and do not exceed the one-year time limitation. entry into the United States, offering an individual a job under circumstances (U) The text of INA 212(a)(6)(C)(i) refers to both "fraud" the application. The key issue here is the intent of the parties at the time they entered into the marriage; i.e. 1182(a)(6)(B)); INA 212(a)(6)(C) (8 U.S.C. 97-State-174342) (September 17, 1997). assisted, abetted or aidedany other individualto other than B1/B2 and is engaging in activities consistent with that status principal beneficiary of a petition, even when named in the petition, would not second part of the Attorney General's definition refers to a For this reason, an assessment of ineligibility under this L. 104-208 (PDF)(September 30, 1996). (i.e., you may presume that the applicant's representations about engaging in was willfully made (see 9 (U) Ineligible Under the True Facts (b) (U) No previous money (3) (U) Aiding an individual 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. Misrepresentations USCIS employees should not rely on the historical versions for current laws, precedent decisions, policies, directives, guidance, and procedures. (U) Other Benefit Provided Under This Act: The parent, son, or daughter, you must make specific factual findings to include (d) (U) A consular manager must be considered timely. [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. establish that the true facts support eligibility for the visa class sought or For example, if you file an application to adjust status to permanent resident, at your interview the U.S. The History tab was added to the USCIS Policy Manual on June 11, 2021, and provides historical versions on and after that date. requirement for classification and, thus, may be ineligible under the true For more information on materiality, see Part J, Fraud and Willful Misrepresentation, Chapter 3, Adjudicating Inadmissibility, Section E, Materiality [8 USCIS-PM J.3(E)]. & N. Dec. 412 (BIA 1973); referring to Matter of M, 9 I. 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. 9 FAM 302.9-9(B)(2) (U) Date Homeland Security is satisfied that the refusal of the applicants is not authorized incident to status would not be sufficient to justify a consular officer, a member of posts Locally Employed Staff, or an a. to find the element of willfulness. [^ 4]For example, the noncitizen could make a false claim to U.S. citizenship to comply with the employment verification requirements underINA 274A. 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 As Timely retraction means taking a voluntary action, not under threat of discovery or punishment, with the intent to correct the misrepresentation.
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