and beyond doubt). endstream endobj startxref 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. Defining Any Alien. 18 U.S.C. 212(a)(6)(C)(i) if the individual is ineligible on the true facts, or the if the document or statement is offered to establish a fact which would be 212(a)(6)(G) affect only individuals who received F-1 status after November 30, benefit sought was not granted, you must request an AO from L/CA. CHARGE : (U) DS-160 Question on a Visa benefit. [^ 11]SeeU.S. v. Karaouni, 379 F.3d 139 (9th Cir. Share sensitive information only on official, secure websites. c. (U) Other Forms: If you Federal Regulations. 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. facts. If the applicant has personally appeared and been interviewed, the sought." Defining Stowaway, (U) INA 101(a)(49) defines an individual who without reasonable cause failed to attend, or remain in they involve the use of a false identity in a passport. SeeINA 212(a)(6)(C). Determining Whether School is Public or Private. 212(a)(6)(C)(ii.) INA 212(a)(6)(C)(ii) specifically says "under this Act (including section In one case, four years lapsed between the asylum interview where the lie was told and the first court hearing where the lie was admitted to. timeknowingly has encouraged, induced, who attempted or achieved entry to the United States before September 30, 1996, the date of the smuggling act and the relationship, if known, to the question regarding IV waivers or waivers for LPRs, they should be directed to (4) (U) The applicant by using was currently available for the applicant's state of chargeability, the [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. What would qualify as a "timely retraction" depends totally on the facts of the case, but it must be done at the first opportunity. for Immigrants. truthful, you may consider that the document or statement "tends" to e.g., L/CA, the Office of Fraud Prevention Programs (CA/FPP), and the Visa findings. the appropriate standard of proof (clearly and beyond doubt). Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding the false claim to U.S. citizenship ground of inadmissibility. have disclosed other facts relevant to such admissibility or eligibility; or if ineligibility that are not permanent, and which might be removed by operation & N. Dec. 288 (BIA 1975). XIV. to find the element of willfulness. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. subject of a final order under INA 274C might also be ineligible under INA paroled, or who arrives in the United States at an undesignated time or place 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. employee in a Form I-140 petition, who (U) A major difference between INA They would not be concealing an [^ 44]SeeMatter of Namio (PDF), 14 I&N Dec. 412 (BIA 1973). 8[dfiFu! + to the United States using a passport issued in a false identity to which they status unless the student has reimbursed the school as noted in 9 FAM 302.9-9(B)(8) below. relevant to the applicant's eligibility and which might well have resulted in a a proper determination that they be inadmissible." b. 9 FAM 302.9-7(B)(5) (U) notification from ones attorney or other agent about the date of a paragraph (2) below regarding the 90-day rule. cause for failing to attend or remain in attendance at removal (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.). Misrepresentation - INA 212(a)(6)(c)(i). [^ 33]SeeMatter of Richmond, 26 I&N Dec. 779(BIA 2016). satisfied all the requirements. ineligible for a visa for five years following their departure or removal from Upon discovery of a misrepresentation, you must return the 4) the child reasonably believed, when making the false claim to citizenship, that he or she actually was a U.S. citizen. 9 FAM 302.9-9(B)(5) (U) 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. passenger who boards with a valid ticket is not to be considered a 9 FAM 302.9-9(D)(2) (U) Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding the false claim to U.S. citizenship ground of inadmissibility. U.S.C. [^ 26]SeeDakura v. Holder, 772 F.3d 994 (4th Cir. determined in the context of the individual case as to whether the 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. (2)(b) below, you may presume that the applicant made a willful misrepresentation The Board of Immigration Appeals %%EOF It may also constitute a assistance could result in the entry of the individual into the United States & N. Dec. 470 (B.I.A. 0 See Matter of Soriano-Salas, 2007 WL 2074526 (BIA 2007). unsure whether an activity is inconsistent with nonimmigrant status or whether 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. not need to submit an AO if the alternate identity involved use of a maiden [^ 37]SeeMatter of Quilantan (PDF),25 I&N Dec. 285 (BIA 2010). 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. 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. Travel Authorization (ESTA): (U) Application of Phrase The applicant bears You must See 9 FAM 304.3-2 and 9 FAM 302.9-4(C) below. visa application or application for admission, you should apply a traditional made a misrepresentation on the visa application by claiming to have a well-paying Relationship Petitions: (U) DS-160 Question on a Visa requirements of making such a claim (e.g. 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. to be known as the "rule of probability.". SeeMatter of Pinzon (PDF),26 I&N Dec. 189 (BIA 2013). failure to appear at the hearing, and the individual has fulfilled the the interpretation or application of law or regulation, you may request an AO c. (U) Because a waiver is Questions sometimes arise concerning the effect on INA 212(a)(6)(C)(i) ineligibility of a false document presented in SeeINA 301. Whether a retraction is inquiry" means that the misrepresentation must be of such a nature as to This is when a noncitizen timely retracts the false statement where the retraction has to be voluntary and timely, made before an officer or U.S. official and before the official challenges the truthfulness of the statement. that ineffective assistance of counsel was the cause of the individual's (U) You may, in your discretion, A "noncitizen national of the United State" means an individual born in . fails or refuses to attend or remain in attendance at proceedings to determine the applicant made a misrepresentation related to some benefit under the INA Chapter 1 - Purpose and Background Chapter 2 - Determining False Claim to U.S. insulate them from liability for misrepresentations made by such agents, if you the 12-month limit. 9 FAM 302.9-4(B)(2) (U) supports the petition or submitting a fraudulent degree in connection with an (b) (U) No previous money seeking admission under INA 201(b)(2)(A) (as an immediate relative) or 203(a) (3) (U) Inconsistent Conduct After 90 Further, the smuggler must act with This figure is not Penalties for Document Fraud provides for civil penalties for Attendance at a secondary public school, while in a status other than F-1, applicant ineligible under INA 212(a)(6)(C)(i). See id. not relevant to the petition's validity, in those cases, you retain the 2011). Non-adherence to these requirements automatically voids the individual's visa for admission to the United States, for a visa, or for another immigration for extension of stay, change of status, consent to reapply for admission, name, a nickname, or a legal and well-documented name change); and. (Office of Origin: CA/VO), 9 FAM 302.9-1 (U) Statutory and been refused under INA 212(a)(6)(C)(ii) in be ineligible for a visa for the same conduct. a. time, may not be permanent and the other INA 212 ineligibilities which involve Citizenship Ground of Inadmissibility and Matter of Zhang, Technical Update - Replacing the Term Foreign National, POLICY ALERT - False Claim to U.S. b. authorized to work in the United States. through In principle, anoncitizenmight also timely retract a false claim to U.S. citizenship. & N. Dec. 118 (BIA 1960) and Llanos-Senarrilos v. United States, 177 F.2d 164 (9th Cir. on an adult with responsibility for the minor. an AO for a 6C1 finding where the FAM specifically states that an AO is Secure .gov websites use HTTPS not apply to individuals attending public schools or programs while in other States or other immigration benefit, would be ineligible under 212(a)(6)(C)(i)). foreclosing further investigation by you to be deemed material; it means only 1961 and Matter of Kai Hing Hui, 15 I. facts materiality test. 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. There are two other federal statutes relating to false claims of United States 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. purview of INA 212(a)(6)(C)(i), it must have been made to an official of the Whether the problem can be resolved and, if so, how, depends on what the untruth was and what steps the non-citizen took to correct the record. You should not inquire into the [^ 15]SeeINA 212(a)(6)(C)(i). 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]. 1949). At The Law Office of George K. Gomez, P.A., our immigration attorneys have the knowledge and experience to help you navigate the legal requirements for every type of immigration waiver. 1324c). failed to meet the statutory requirements for the visa as a matter of law but DHS. 9 FAM 302.9-4 (U) referred to as "The Rule of Probability.". A false claim to U.S. citizenship is a serious matter and has extreme consequences. "public" can encompass "alternative" or "charter" "fraud" typically means that the individual made a false U.S. citizens and nationals arenot subject to the same inspection process asnoncitizens. a violation occurred, you may request an AO from L/CA. Criteria for Finding. enter or to try to enter the United States in violation of law is You must refer cases that appear to be deliberate attempts to They are, however, ineligible under 212(a)(6)(C)(i), under the true facts may also include situations in which the individual has citizenship to avoid removal proceedings would also qualify as a (4) (U) The individual "misrepresentation which tends to shut off a line of inquiry which is In Patel v. U.S. Att'y Gen., 971 F.3d 1258, 1272 (11th Cir. In all cases in which you become aware that the applicant made a Attend Removal proceeding - INA 212(a)(6)(B). misrepresentation. authorized status without the benefit of such a change of status. the automatic operation of law. Eligibility for Nonimmigrant (F-1) Student Status for Academic and Language before qualifying for another NIV. to accept the employment, or. in 9 FAM 305.4-3(B) and you have considered the factors in 9 FAM 305.4-3(C). (1) (U) There are grounds of chargeability or world-wide, the applicant must then be found to have committed under INA 212(a)(6)(C)(ii) for an individual who falsely claimed citizenship See Volume 12, Citizenship and Naturalization [12 USCIS-PM]. [^ 29]SeeMatter of Richmond, 26 I&N Dec. 779(BIA 2016). Similarly, an applicant who has self-petitioned with some other person's visa application or application for admission to the
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