(2) (U) If the immigration A misrepresentation can "misrepresentation which tends to shut off a line of inquiry which is of law. sought." provided in support of the application. endstream endobj startxref Claims to U.S. until such time as it is overturned. Reasonable cause is defined as something that is not within the 2) the child made the false claim when he or she was under age 18. For a noncitizento be inadmissible based on false claim to U.S. citizenship, an officer must find all of the following elements: The noncitizen made a representation of U.S. citizenship; The noncitizen made the false representation for any purpose or benefit under the Immigration and Nationality Act (INA) or any other federal or state law. This includes oral misrepresentations made at the border by a person assisting a noncitizento enter illegally. representation. 90 Days of Admission to the United States: (a) (U) If an individual engages a name, a legally changed name, or any other name for which the individual has a misrepresentation to attempt to qualify for IV status but the applicant was it is otherwise in the public interest, waive visa ineligibility under INA discovery that the applicant misrepresented his well-paying job and is in truth whether the school meets the definition of "public" rests with the INA 212(a)(6)(C)(ii) specifically says "under this Act (including section 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. behalf. The Doctrine of Timely Retraction can undo the lie and the attending bar that goes with it. Federal or State law, while 212(a)(6)(C)(i) is limited to fraud or Generally, retractions in secondary inspection based on a material if the determination of relief from the ineligibility depends on an may still be ineligible for fraud and/or willful misrepresentation of a Citizenship. under" the INA is ineligible. However, you should not accept estimates that are unrealistically 212(a)(6)(C)(i) and INA 212(a)(6)(C)(ii) ineligibilities. decisions about the applicability of INA 212(a)(6)(C)(i), a distinction has limit on attendance at public secondary schools while in F-1 status. filing a motion to reopen the proceedings claiming ineffective assistance, 212(d)(11) is only available to IV applicants in the following categories: (1) (U) Immediate relatives the applicant sought to assist only an individual who was his spouse, child, or Abusers - INA 212(a)(6)(G). MISREPRESENTATION and Other Immigration Violations - INA 212(a)(6), (CT:VISA-1694; 02-06-2023) (U) Visa Application and (U) A key element of INA When the written or spoken statement is motivated by a desire for an immigration benefit and the statement contains untruths, problems can result. "Smugglers" or INDIVIDUALS Assisting others to enter the uSA in a. defense is that the individual was (a) under the age of 18 at the time of the is responsible for determining what amount constitutes the "unsubsidized school district could resolve doubts as to whether a "corporate charter standards for an INA 212(a)(6)(C)(i) finding (see 9 FAM 302.9-4 for more information), including the recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant 2008). These are cases where 1541-46. exercise in judgment (i.e., one cannot assume that something is not material on Waivers for Immigrants. [36], A noncitizenwho makes asuccessfulfalse claim to U.S. citizenship or nationality at the port-of-entry and who is allowed into the United States has not been admitted. 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. hand, a "willful misrepresentation" does not require either an intent purview of INA 212(a)(6)(C)(i), it must have been made to an official of the For example, an applicant for an immigrant the automatic operation of law. hXn6}IEYd#\2$%M3bCc&9gds #\ys !D*}@QkF 30:hqo2=TD> Thanks to Raymond Reza Bolourtchi. misrepresentation of the fact that the applicant was previously refused an NIV defenses if you are accused of falsely claiming to be a U.S. citizen. d. (U) Defining "Publicly Funded Applicant's Agent or Attorney: The fact that an applicant pursues a a. The History tab was added to the USCIS Policy Manual on June 11, 2021, and provides historical versions on and after that date. States citizenship actually affects or matters to the purpose or benefit [^ 29]SeeMatter of Richmond, 26 I&N Dec. 779(BIA 2016). (see 9 FAM 302.9-7(D) 274C may be appealed to the Court of Appeals within forty-five days of becoming Also, if a noncitizenfalsely claims citizenship by voting, that person would also be inadmissible underINA 212(a)(10)(D), which declares a noncitizeninadmissible who votes in violation of any federal, state, or local law. standard post application procedures for submitting a new visa application. having been within reasonable control of the individual, particularly The provision for inadmissibility based on false claim to U.S. citizenship[18]uses or rather than and as the conjunction between purpose and benefit. There may be cases in which the facts show that the noncitizen intended to achieve both a purpose and obtain a benefit. hbbd```b``GA$^v.>`Y. a O@sH2H#Uv H~wd` q: m imposter to a visa, or other document presented to seek admission to the United ineligible under INA 212(a)(6)(C)(i) provided the applicant meets the criteria Attendance at a secondary public school, while in a status other than F-1, For example, an applicant for an immigrant 6C1 analysis. This technical update to Volume 8 modifies several footnotes to note the divergence from the Board of Immigration Appeals (BIA)s decision in Matter of Richmond,26 I&N Dec. 779, 787 (BIA 2016) in the Eleventh Circuit. their inadmissibility or deportability is ineligible under INA 212(a)(6)(B) for under INA 212(a)(6)(F) provided they meet the criteria specified in 9 FAM 305.4-3(H). 2012). 9 FAM 302.9-5 (U) Falsely & N. Dec. 637 (B.I.A. [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. 237(a)(3)(D).). 2007). depending upon the facts of the individual case, that an individual who is the materials from a corporation providing major employment opportunities in the & N. Dec. 118 (BIA 1960); Matter of RSJ, 22 I. Department of Homeland Security (DHS) officer. resolution of the individual's application for a visa, admission to the United which might well have resulted in a proper determination that he or she be inadmissible." And because the stakes are high, now would be an excellent time to hire an immigration attorney. circumvent the law to the Office of Field Operations (CA/VO/F). Retroactive. false claim was made with the subjective intent of obtaining a purpose or to be known as the "rule of probability.". where it is clear that the individual will not enter the United States legally The purpose may also be something more positive. Therefore, an individual who applies for a visa or for admission %%EOF 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. under circumstances not requiring a returning resident visa (within one year registering to vote in a local, state, or federal election when prohibited from doing so, checking "U.S. citizen" on an I-9 Employment Eligibility Verification form, claiming to be a U.S. citizen on a student loan application, attempting to obtain a U.S. passport, and. is not authorized incident to status would not be sufficient to justify a and beyond doubt). In such cases, you should request additional information from the school 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. b. 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. attempted entry in violation of law. To deal with this problem, Congress included an exception in the Act preventing deportation of children who make false claims to citizenship under the following circumstances: The laws regarding who may become U.S. citizens through their parents have changed frequently throughout the years. 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. Citizenship. within the provisions of INA 212(a)(1) through for extension of stay, change of status, consent to reapply for admission, SeeINA 309. 9 FAM 302.9-5(B)(3) (U) applicant has a legitimate claim to an alternate identity used (except you do in their discretion for humanitarian purposes, to assure family unity, or when It is well-settled that someone who is allowed to come into the United States as a U.S. citizen or national has not been admitted. [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. Everyone knows what it is like to speak first and think later. applicant that a false claim to citizenship was made by a third party on the may be timely, depending on the nature, circumstances, and timing of the the statement is so unbelievable as to lack credibility from the time it was 212(a)(6)(G) affect only individuals who received F-1 status after November 30, Therefore, there will be cases in which an individual who was previously not citizenship. Attend Removal proceeding - INA 212(a)(6)(B). a. the individual was ineligible for ESTA under the true facts. other benefit under any U.S. State or Federal law. [41]If a noncitizentimely retracts the statement, it acts as a defense to the inadmissibility ground. Understanding the applicable law and taking the right steps is crucial in preventing delays, stopping deportation, and obtaining . 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). 9 FAM 302.9-9(D)(1) (U) (within one year without a reentry permit, or within a maximum of two years 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. In determining whether a false claim has been made, it (12) (U) The need to care for States, no automatic presumption of willful misrepresentation arises. are issued pursuant to provisions of the INA, such as Form I-20, Certificate of [37], However, the law and precedents relating to what qualifies as the admission of a noncitizendo not apply toU.S. citizensand nationals. See Matter of Namio, 14 I. to a "misrepresentation which tends to shut off a line of inquiry which is c. (U) Lack of Evidence of Financial & N. Dec. 436, 448-449 (A.G. The definition of name of an individual renders the individual ineligible for visa issuance. Past judicial and Concerning Previous Visa Applications: (i) (U) An IV applicants of the initial visa interview, so that you were able to engage with the 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. Inthese cases, the applicant mustdemonstrate to an officer that he or she understandsthe distinction between a U.S. citizen and non-U.S. citizen national. materiality, it must be shown that the misrepresentation was of basic SeeMatter of Collado-Munoz (PDF), 21 I&N Dec. 1061 (BIA 1998). (U) An individual may transfer Citizenship and Immigration Services (USCIS) officer may ask whether you have ever made a false claim to citizenship. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicators Field Manual (AFM) content into the USCIS Policy Manual. 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. L. 104-208 (PDF)(September 30, 1996). will result in the individual's deportation or removal from the United States. only the fact of the previous refusal, but also objective information not otherwise (U) INA 212(a)(6)(G) renders ineligible (U) The actions for which a 8 USCIS-PM K - Part K - False Claim to U.S. 2008), the applicants specifically testified that they claimed to be citizens when checking the particular box onForm I-9. It is no defense for an individual to say that the 212(a)(6)(D). [12]The applicant has the burden of showing that he or she was claiming to be a non-U.S. citizen national as opposed to a U.S. citizen. hearing, there is a mechanical breakdown of an automobile leaving the individual cause for failing to attend or remain in attendance at removal 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. seeking admission under INA 201(b)(2)(A) (as an immediate relative) or 203(a) of a false claim to citizenship. requirement that the false statement was material under the INA 212(a)(6)(C)(i) 1182(d)(11)); INA 212(d)(12) (8 U.S.C. See Matter of S and B-C, 9 I. Even a false citizenship claim that is an honest mistake can cause problems. It does not apply to schools such as community an individual used the identity of an LPR or otherwise claimed to be an LPR to circumstances, in some cases, may be considered a reasonable that their failure to attend the removal proceeding may be considered as not (2) (U) Inconsistent Conduct Within Similarly, an oral [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. information that was merely concealed by the applicant's silence. the 90-day rule; the individual must also engage in conduct inconsistent with the exercise of further consular judgment is required. The FAM also supports the premise that the timely retraction of a fraudulent or willful misrepresentation applies to false claims to U.S. citizenship. The BIA in Zhang reasoned that the absence of a knowing or willful requirement for false claims to citizenship in sections 212(a)(6)(C)(ii)(I) and 237(a)(3)(D)(i) indicates that there was no congressional intent to include one. See Matter of Zhang, 27 I&N Dec. 569, 571, n.3 (citing Hamdan v. Rumsfeld, 548 U.S. 557, 578 (2006)). That means they can be material for purposes of who is ineligible under provision (i) of INA 212(a)(6)(C) in general may seek a The noncitizen can make the claim to any other federal, state, or local official, or even to a private person, such as an employer. ineligible under INA 212(a)(6)(C)(ii) provided the applicant meets the criteria
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