official). SeeMatter of M-R, 6 I&N Dec. 259, 260 (BIA 1954). requirements. applicants behalf does not serve to insulate the applicant from
In this case, if the noncitizen immediately and voluntarily retracts the false claim before the lie is exposed or is about to be exposed (also known as "timely retraction,"), the person may be spared from removal proceedings based on the false claim to U.S. citizenship. ]`X h`lva@,` Been Before a U.S. Official: For a misrepresentation to fall within the
distinct things. (within one year without a reentry permit, or within a maximum of two years
retraction must have been made during the initial interview with the officer. 2020) (en banc) (holding that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility). individual for whom the petition was filed), such as the family member in a
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the interpretation or application of law or regulation, you may request an AO
an AO for a 6C1 finding where the FAM specifically states that an AO is
It is important to check for this requirement before you file any type of financial aid application. I. applicant. nonimmigrant status the applicant has/had and the activities of the applicant
Applicants aged 26 to 31, however, are in a more difficult position if they've forgotten to register. Claims to U.S. 1949) (if the witness withdraws the false testimony of his own volition and without delay, and during the same hearing or examination under oath, 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). Waivers for Nonimmigrants. Attorney General has declared the definition of "materiality" with
2011). (U) The provisions of INA
the date of the smuggling act and the relationship, if known, to the
United States under the conditions found in INA 211(b), i.e., one who returns
circumstances would conclude that their encouragement, inducement, or
"stowaway" as "any individual who obtains transportation
a final order. per capita cost of education", the school's estimate of their per student
reimbursement has been made. 1949). submitted in support of an immigration benefit under the INA, such as an
It could also lead to a referral to an immigration court for the deportation. MISREPRESENTATION and Other Immigration Violations - INA 212(a)(6), (CT:VISA-1694; 02-06-2023)
is material if it tends to shut off a line of inquiry that is relevant to the individuals
This figure is not
Independent grounds of ineligibility include those encompassed within the provisions
9 FAM 302.9-5(B)(4) (U) False
Any time a person is hired for employment within the U.S., an employer is supposed to ask the employee to complete an I-9 Employment Eligibility Verification Form and present evidence showing a legal right to work within the United States. The term purpose includes avoiding negative legal consequences. Which Might Have Resulted in a Proper Determination of Exclusion: (U) Misrepresentations in Family
(d) (U) A consular manager must
answers "no" to this question should generally be considered to have
[^ 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. activity for which a change of status (NIV to NIV) or an adjustment of status
(i) (U) If an individual made
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. Similarly, an oral
8 USCIS-PM K.2 - Chapter 2 - Determining False Claim to U.S. the interpretation or application of law or regulation, you may request an AO
False claims made after the date of enactment cannot be waived. requirement that the false statement was material under the INA 212(a)(6)(C)(i)
For the retraction to be effective, it has to be voluntary and without delay (timely). Adult Education": The Department of Homeland Security/U.S. 212(a)(6)(C)(i)'s materiality test if the relief from the ineligibility is by
Many people have also experienced writing first and thinking later. 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]. its ports of entry (POE) that, if the public-school reimbursement is not
This offense carries severe consequences and takes away almost all possibilities to gain legal status, as there is no waiver to forgive this offense. timely depends on the circumstances of the case. to an individual who makes false claims to U.S. citizenship to obtain: (2) (U) Entry into the United
with a false claim of U.S. citizenship is not ineligible under the terms of INA
of study, if such study is not authorized for that nonimmigrant classification
turpitude but who benefits from the sentencing clause exception would therefore
U.S. [^ 35]This conclusion is consistent with the rationale ofMatter of Richmond,26 I&N Dec. 779(BIA 2016). materiality, it must be shown that the misrepresentation was of basic
Misrepresentation - INA 212(a)(6)(c)(i). States citizenship actually affects or matters to the purpose or benefit
found ineligible for a visa under a different and unrelated ground of
one who returns under circumstances not requiring a returning resident visa
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. In principle, anoncitizenmight also timely retract a false claim to U.S. citizenship. (U) INA 212(a)(6)(A)(i) does not
212(a)(6)(C)(i) may not be present unless and until the individual applies for
States or other immigration benefit, would be ineligible under 212(a)(6)(C)(i)). under this provision, you must find that the smuggler is or was
education. in violation of law. attempted entry in violation of law if the misrepresentation meets the
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. The essence of these decisions, according to the Attorney General, is that: (a) (U) The fact in question is
CHARGE : recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant
It is no defense for an individual to say that the
L. 104-208 (PDF)(September 30, 1996). If you find that an applicants
[16], The law only makes a noncitizeninadmissible for falsely claiming U.S. citizenship if the noncitizen falsely represents him or herself to be a citizen of the United States for any purpose or benefit under the INA, includingINA 274A, or any other federal or state law.[17]. stranded and unable to arrive on time to the hearing. Looking for U.S. government information and services? This update also removes redundant footnotes. 3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole, 4 USCIS-PM - Volume 4 - Refugees and Asylees. 90 Days of Admission to the United States: (a) (U) If an individual engages
For this reason, an assessment of ineligibility under this
274A) or other Federal or State law." See9 FAM 302.9-4(B)(3)(f), Timely Retraction. An applicant who provides a fake birth certificate
However, one last lifeline is a concept known as Timely Retraction. Interpretation of the Term Material Fact. An individual making a visa application who either knowingly makes false oral
b. 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. A person may be placed into removal proceedings even if the false claim was made unintentionally or to certain private parties administering a government benefit. ineligible under INA 212(a)(6)(E) provided they meet the criteria specified in 9 FAM 305.4-3(H). [40]However, the person may be inadmissible as a noncitizen who is in the United States without inspection and admission or parole. discretion, grant a waiver for humanitarian purposes to an applicant ineligible
An applicant who is the spouse or child of the
son or daughter of a U.S. citizen were to misrepresent marital status as being
Therefore, an individual who applies for a visa or for admission
the superintendent or someone designated by them) must sign the statement that
You should not inquire into the
a. calculation. [^ 45]SeeLlanos-Senarrilos v. United States, 177 F.2d 164, 165 (9th Cir. However, while a minority of states ask for proof of U.S. citizenship at the time of voter registration, employees in most states may not inquire about citizenship status before asking noncitizens if they desire to register to vote. Ineligibility
intent to deceive a consular or immigration officer. depending upon the facts of the individual case, that an individual who is the
For example, a false claim would be for an improper purpose if a benefit under federal or state law is not restricted to U.S. citizens, but a noncitizenfalsely claims to be a U.S. citizen when seeking the benefit to avoid an eligibility or evidentiary requirement that does not apply to citizens seeking the benefit. (1) (U) The "other
not apply to individuals attending public schools or programs while in other
(BIA Dec. 30, 2013). Furthermore, a noncitizencannot deny responsibility for any misrepresentation made by the noncitizen based on the advice of another person. Yes, Checking a Box on Form I-9 Counts as a False Claim to U.S. verbally presenting the applicant with your factual findings as to why you
%`DxEHLxX(V4|B=zfg/G}:bN_'t\Os}xHOEbg.$ND]*Jbg6Te}zjpJxj't3;Cg'S}w?.t{8Y2). misrepresentation that might be material, you should warn the applicant of a
applicant regarding the information. assertion or manifestation not in accordance with the facts. [^ 1] In previous guidance, anoncitizenneeded to have made the false representation knowingly in order to be inadmissible under INA 212(a)(6)(C)(ii). [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. You should document these findings in the case notes. However, a noncitizencan also be inadmissible based on a false claim made with the specific intent to achieve an improper purpose, even if it did not involve an application for any specific benefit. The court reasoned that the alien did not have the opportunity to retract until they were in front of another tribunal. status unless the student has reimbursed the school as noted in 9 FAM 302.9-9(B)(8) below. (U) An individual who
A false claim to U.S. citizenship may also make one subject to criminal prosecution under federal law. claimed that she was unaware that her brother filed a fourth preference family
[^ 24]SeeMatter of Barcenas-Barrera (PDF),25 I&N Dec. 40 (BIA 2009). assisted, abetted or aidedany other individualto
The History tab was added to the USCIS Policy Manual on June 11, 2021, and provides historical versions on and after that date. 9 FAM 302.9-9(D)(1) (U)
(U) INA 214(m) prohibits an individual
9 FAM 302.9-5(B)(3) (U)
A timely retraction may serve as a defense for the inadmissibility ground. petition 10 years ago may have made a misrepresentation (i.e., it was a
district. Which Might Have Resulted in a Proper Determination of Exclusion:
Abusers - INA 212(a)(6)(G). Furthermore, U.S. citizenship must affect or matter to the purpose or benefit sought. 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]. rendered by an administrative law judge or by a court, for immigration related
determine a visa applicant made a material misrepresentation in an application
Share sensitive information only on official, secure websites. the applicant made a misrepresentation related to some benefit under the INA
the interpretation or application of law or regulation, such as what
The noncitizen is inadmissible since the noncitizen made the false claim for the purpose of avoiding additional requirements under state law. 212(a)(6)(C)(ii). 212(a)(6)(C)(i). rejecting such advice. Citizenship 9 FAM 302.9-5(D)(2) (U)
not need to submit an AO if the alternate identity involved use of a maiden
Citizenship Ground of Inadmissibility, To protect your privacy, please do not include any personal information in your feedback. study would exceed the 12-month limit. Specifically, a noncitizenmust present evidence of lawful status or at least authorization to accept employment. In
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). [^ 20]SeeMatter of Richmond, 26 I&N Dec. 779, 786-87 (BIA 2016). b. Homeland Security is satisfied that the refusal of the applicants
SeeMatter of Collado-Munoz (PDF), 21 I&N Dec. 1061 (BIA 1998). to perpetrate fraud on the U.S. Government and will result in ineligibility
Citizenship Ground of Inadmissibility and Matter of Zhang, Technical Update - Replacing the Term Foreign National, POLICY ALERT - False Claim to U.S. Questions sometimes arise concerning the effect on INA 212(a)(6)(C)(i) ineligibility of a false document presented in
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. satisfied all the requirements. (U) The responsibility for documenting
1949). [8]The noncitizen, however, may be inadmissible forfraud or willful misrepresentationif all other elements for that ground are met. Eligibility for Nonimmigrant (F-1) Student Status for Academic and Language
Determining if you qualify for a particular waiver is a complicated process. For example, a letter from a responsible official from the public
entitled to another equally advantageous IV status, the misrepresentation is
constitute an INA 212(a)(6)(C)(ii) ineligibility,
(2)(b) below, you may presume that the applicant made a willful misrepresentation
a name, a legally changed name, or any other name for which the individual has
Federal or State law, while 212(a)(6)(C)(i) is limited to fraud or
2012). See, e.g. See Matter of S and B-C, 9 I. apply at the time of visa application because it applies only to individuals
is ineligible. affirmative act of misrepresentation made by the applicant (see 9 FAM 302.9-4(B)(3)); (2) (U) The misrepresentation
(4) (U) The applicant by using
(U) Willfully Defined: The
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. (3) (U) If an individual has a
Llanos-Senarillos, 177 F2d at 165 (9th Cir. 212(a)(31)) which was interpreted to exclude actions on behalf of close family
entry into the United States, offering an individual a job under circumstances
Reasonable cause is defined as something that is not within the
citizen. relevant to the individual's eligibility, and which might well have resulted in
It applies only to individuals who made
Anyone who needs this type of second chance should consult a knowledgeable and experienced immigration attorney to help them get it. it is otherwise in the public interest, waive visa ineligibility under INA
That is, U.S. citizenship must be material to the purpose or benefit sought.[19]. may still be ineligible for fraud and/or willful misrepresentation of a
(U) INA 274C, entitled
applicants should provide the same evidence to qualify for an F-1 visa. applicable at the time of visa application because it applies only to individuals
supports the petition or submitting a fraudulent degree in connection with an
U.S. Government; the official will normally be a consular officer or a
[^ 27]SeeMatter of Richmond, 26 I&N Dec. 779, 786-87 (BIA 2016). Citizenship, Volume 1 - General Policies and Procedures, Volume 9 - Waivers and Other Forms of Relief, Volume 11 - Travel and Identity Documents, Volume 12 - Citizenship and Naturalization, Volume 3 - Humanitarian Protection and Parole. from L/CA. 1182(d)(3)); INA 212(d)(11) (8
Another exception to deportation for false claims exists if the claim was made before September 30, 1996, which is the effective date of the false claims ground of inadmissibility. but which, in the case of the document, is so poorly crafted, or in the case of
question regarding IV waivers or waivers for LPRs, they should be directed to
States, no automatic presumption of willful misrepresentation arises. citizenship. (b) (U) No previous money
entry in violation of law. 2020) (en banc) (holding that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility). however, where the individual uses a nickname, some other reasonable variant of
and "willfully misrepresenting a material fact," which are two
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. 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. In this case, if the noncitizen immediately and voluntarily retracts the false claim before the lie is exposed or is about to be exposed (also known as "timely retraction,"), the person may be spared from removal proceedings based on the false claim to U.S. citizenship. the question "no" should generally be considered to have made a
(see 9 FAM 302.9-4(B)(5)). This includes, but is not limited to, such
public secondary schools. SeeINA 309. status or an adjustment of status would be required, without the benefit of
States; the applicant would not be shielded from ineligibility under INA
Reimbursement: You must refuse an applicant who cannot present evidence
See Sandoval v. Holder, 641 F.3d 982, 986-89 (8th Cir. under INA 212(a)(6)(C)(ii) for an individual who falsely claimed citizenship
212(a)(6)(E) is that the smuggler (e.g., an individual who is
ineligible for a visa for five years following their departure or removal from
applies to INA 274A, which makes it unlawful to hire an individual who is not
[33], An employer made a job offer to a noncitizenwho did not have employment authorization. The applicant bears
[2], Chapter4,Exceptions and Waivers, Section A, Applicability [8 USCIS-PM K.4(A)]andSection B, Exception[8 USCIS-PM K.4(B)]. respect to INA 212(a)(6)(C)(i) to be as follows: "A misrepresentation
212(a)(6)(C)(ii.) The court held that was a timely retraction. SeeMatter of Pinzon (PDF),26 I&N Dec. 189 (BIA 2013). constitutes "reasonable cause," you may request an AO from L/CA. (U) An individual who
There are two other federal statutes relating to false claims of United States citizenship. standard post application procedures for submitting a new visa application. of Applicability. The applicant must correct their representation before
(ii) (U) Misrepresentations
also concealed the existence of an independent ground of ineligibility, or the
between misrepresentation of information and information that was merely
notice of the hearing that was served or mailed in accordance with procedural
Timely Retraction Timely retraction = misrepresentation eliminated as if it never happened . Determining Whether School is Public or Private. the mere possibility that the exercise of judgment may or may not have erased
212(a)(6)(E) if the individual has encouraged, induced, assisted, abetted, or
(10), you may request an AO from L/CA. False testimonySection 101(f)(6)Timely retraction overcomes bar to relief. The form contains boxes for the employee to check showing eligibility to work. made by the individual with respect to their own visa application or
c. (U) Defining "Public":
Waivers for Nonimmigrants. USCIS employees should not rely on the historical versions for current laws, precedent decisions, policies, directives, guidance, and procedures. 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
in 9 FAM 305.4-3(B) and you have considered the factors in 9 FAM 305.4-3(C). (U) Visa Application and
misrepresentation is now directly relevant to the current visa case. The word "tends" as used in "tended to cut off a line of
local area, unless it can be established that the value of the grant on an
purview of INA 212(a)(6)(C)(i), it must have been made to an official of the
9 FAM 302.9-9 (U) Student Visa
1541-46. facts materiality test. to receive a visa under INA 212(a)(6)(F). Citizenship. "public" can encompass "alternative" or "charter"
other than seeking a visa or admission at a port of entry. while in unlawful status, or before November 30, 1996, does not count against
be considered timely. 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. aided only an individual who at the time of such action was the individuals
Travel Authorization (ESTA); (d) (U) U.S. Coast Guard
Misrepresentations made in order to obtain an immigration benefit make a non-citizen subject to inadmissibility or removal. other than B1/B2 and is engaging in activities consistent with that status
Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. (3) (U) Inconsistent Conduct After 90
(Matter of S- and B-C, 9 I. find that the individual was aware of the action being taken in furtherance of
b. visa applicant, including a family member, it would only be considered an
filing a motion to reopen the