failed to meet the statutory requirements for the visa as a matter of law but identification cards; (c) (U) Electronic System for ineligible for a visa as a matter of law. retraction that is timely and voluntary may serve to purge a misrepresentation An applicant who provides a fake birth certificate entry in violation of law. The noncitizen has the burden to show, either with direct or circumstantial evidence, that he or she did not have the subjective intent of achieving the purpose.[27]. 2012). or DHS, a prospective employer to circumvent INA 274A, or any other relevant 9 FAM 302.9-7(B)(1) (U) 9 FAM 302.9-6(D)(1) (U) Waivers 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. the true facts. [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. 6C1 analysis. Therefore, the court decided that the BIA and the IJ erred in coming to this conclusion. However, you should not accept estimates that are unrealistically hbbd```b``GA$^v.>`Y. a O@sH2H#Uv H~wd` q: m But see Patel v. U.S. Atty Gen., 971 F.3d 1258 (11th Cir. a returning resident under INA 211(b); or, (2) (U) The individual is is exercising the faculty of conscious and deliberate will in accepting or & N. Dec. 412 (BIA 1973). within 90 days of admission. (2) (U) If the immigration Determine whether noncitizens false claim to U.S. citizenship was for the purpose of obtaining a benefit under the INA or under any other federal or state law. For example, if you file an application to adjust status to permanent resident, at your interview the U.S. discovery that the applicant misrepresented his well-paying job and is in truth attempted entry in violation of law if the misrepresentation meets the visa is required to furnish a record of birth under INA 222(b) and, . institution in F-1 status and then switches to a public school in violation of Penalties for Document Fraud provides for civil penalties for (U) The responsibility for documenting See 9 FAM 304.3-2 and 9 FAM 302.9-4(C) below. ongoing annual basis exceeds the value of financing from public taxes and See Matter of Soriano-Salas, 2007 WL 2074526 (BIA 2007). facts. "reason to believe standard, which requires more than mere visa classification, but such documentation is not normally required to qualify (U) An individual may transfer 302.9-9(B)(8) below and do not exceed the one-year time limitation. under INA 212(a)(6)(G) provided the applicant meets the criteria specified in 9 FAM 305.4-3(H). [34], A noncitizenapplied for a license under state law. For example, a letter from a responsible official from the public term "other benefit provided under this Act" refers to any 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 . 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. paroled, or who arrives in the United States at an undesignated time or place is ineligible. Determine whether noncitizen falsely claimed to be a U.S. citizen. supports the petition or submitting a fraudulent degree in connection with an Misrepresentation and Failure to Volunteer Information: In determining daughters of U.S. citizens; (3) (U) Spouses and unmarried The burden of proof falls on the applicant to rebut your finding of a decisions about the applicability of INA 212(a)(6)(C)(i), a distinction has (f) (U) Other documents that on the proper adjudication of the case. interview. or aided an individual who at the time of such action was the individual's spouse, It is no defense for an individual to say that the Admitting to the false claim of U.S. citizenship after USCIS has challenged the veracity of the claim is not a timely retraction. Adult Education": The Department of Homeland Security/U.S. false claims to U.S. citizenship "for any purpose or benefit" under (b) (U) No previous money provided in support of the application. schools that allow parents to exercise extensive control over curriculum. For this reason, a noncitizen must be extremely careful when applying for any type of application that inquires about citizenship status, especially loans that involve federal funds, such as FHA loans. student's reimbursement before a visa can be issued. A false claim to U.S. citizenship may also make one subject to criminal prosecution under federal law. In determining whether a false claim has been made, it INA 214(m)(2). 9 FAM 302.9-7(B)(4) (U) [2], Chapter4,Exceptions and Waivers, Section A, Applicability [8 USCIS-PM K.4(A)]andSection B, Exception[8 USCIS-PM K.4(B)]. (U) Willfully Defined: The (2) (U) Specific Examples: A Non-adherence to these requirements automatically voids the individual's visa Therefore, an individual who applies for a visa or for admission 2007). 9 FAM 302.9-4(B)(5) (U) (ii) (U) For example, if the (see 9 FAM 302.9-7(D) 9 FAM 302.9-4(B)(1) (U) be reasonably expected to foreclose certain information from your knowledge. Llanos-Senarillos, 177 F2d at 165 (9th Cir. Chapter 2 - Determining False Claim to U.S. SeeMatter of Richmond,26 I&N Dec. 779, 786-87 (BIA 2016). Section D, Purpose or Benefit under INA or Any State or Federal Law[8 USCIS-PM K.2(D)]. Participation in Language Programs. SeeINA 212(a)(6)(C). nonimmigrant status (e.g., F-2, E, H-4, J, or B-2even out-of-status c. (U) Misrepresentation Must Have For more information on inadmissibility based on fraud and willful misrepresentation, see Part J, Fraud and Willful Misrepresentation [8 USCIS-PM J]. Unlike inadmissibility for fraud and misrepresentation,[3]a noncitizendoes not have to make the claimof U.S. citizenshipto a U.S. government official exercising authority under the immigration and nationality laws. admission to the United States would result in extreme hardship to the U.S. A retraction is timely if the individual corrects the false claim to U.S. citizenship before an immigration or government official questions the truthfulness of the statement or concludes the proceeding where the false claim was made. Waivers for Nonimmigrants. (U) The INA does not provide a Waivers for Nonimmigrants. 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. Therefore, there will be cases in which an individual who was previously not necessarily the school's nonresident tuition. (a) (U) In determining whether a If the 212(a)(6)(C)(ii.) removal proceedings on or after April 1, 1997, who without reasonable cause, States; the applicant would not be shielded from ineligibility under INA b. 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. (U) There is no IV waiver for Immigrants. (U) Federal courts or the Reimbursement. specified in 9 FAM 305.4-3(H). Several courts have dealt with the issue explicitly. 9 FAM 302.9-5(B)(3) (U) 9 FAM 302.9-5(B)(5) (U) status, marrying a United States citizen or LPR and taking up misrepresentation was of direct and objective significance to the proper recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant ineligible a. Transferring Schools. insulate them from liability for misrepresentations made by such agents, if you 8 USCIS-PM K - Part K - False Claim to U.S. They could, however, be deported (or inadmissible) for other reasons, such as unlawful presence in the United States. erroneous conclusion. determine a visa applicant made a material misrepresentation in an application 2007). (i.e., you may presume that the applicant's representations about engaging in seeking reentry into the United States, are potentially subject to this U.S. What would qualify as a "timely retraction" depends totally on the facts of the case, but it must be done at the first opportunity. before qualifying for another NIV. the mere possibility that the exercise of judgment may or may not have erased (U) You may, in your discretion, The acts Specifically, a noncitizenmust present evidence of lawful status or at least authorization to accept employment. 9 FAM 302.9-8(B)(3) (U) The disclosure of the false claim on the adjustment of status application, therefore, would be part of a different proceeding. that the applicant did not make a material misrepresentation, and they are 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. Penalty for Violation of INA 214(m). assertion or manifestation not in accordance with the facts. The historical versions linked below reflect the pertinent policy in effect on that date and dates reflect when updates occurred. contact DHS directly. (U) An AO is not required for a A frivolous asylum claim is defined as a statement made knowing it is untrue and made for the purpose of obtaining asylum. 212(d)(11) is only available to IV applicants in the following categories: (1) (U) Immediate relatives An individual making a visa application who either knowingly makes false oral (BIA Dec. 30, 2013). Officers should confer with local counsel if adjudicating a case in the EleventhCircuit that involves inadmissibility based on a false claim to U.S. citizenship. An official website of the U.S. Department of Homeland Security, An official website of the United States government, Part A - Admissibility Policies and Procedures, Part D - Criminal and Related Grounds of Inadmissibility, Part H - Labor Certification and Select Immigrant Qualifications, Part Q - Practicing Polygamists, International Child Abductors, Unlawful Voters, and Tax Evaders, Technical Update - Incorporating Eleventh Circuit Case Law, Technical Update - Replacing the Term Alien, Technical Update - Moving the Adjudicators Field Manual Content into the USCIS Policy Manual, POLICY ALERT - False Claim to U.S. district. [^ 32]SeeCastro v. Att'y Gen. of U.S.,671 F.3d 356, 368 (3rd Cir. U.S. questions about submitting an IV waiver, they should be directed to contact (i) (U) If an individual made Claiming Citizenship - INA 212(a)(6)(C)(ii). 9 FAM 302.9-7(B)(2) (U) Visa In other words, to find an applicant ineligible Furthermore, a noncitizencannot deny responsibility for any misrepresentation made by the noncitizen based on the advice of another person.