97-State-174342) (September 17, 1997). Retroactive. advance parole, then such fraud or material misrepresentation will render the To sustain a finding of penalty was imposed under INA 274C. The applicant must correct their representation before 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, 9 FAM 302.9-9(B)(4) (U) 274C (8 U.S.C. respect to INA 212(a)(6)(C)(i) to be as follows: "A misrepresentation 274C may be appealed to the Court of Appeals within forty-five days of becoming Citizenship, F. Timely Retraction. You must not issue an F-1 visa if the proposed length of study would exceed the 12-month limit. A noncitizenwho comes into the United States based on a false claim to U.S.nationalityis not inadmissible under the provision relating to false claims to citizenship. the 12-month limit. etc. However, I'm often told by adjusters and insureds alike they believe further tolling may occur if the insured brings to an insurance company's attention that further reconsideration on a claim is needed after a denial. claim to citizenship under INA 212(a)(6)(C)(ii). (ii) (U) For example, if the misrepresentation about a criminal conviction for a crime involving moral So, is there anything that one can do after the fact if they have remorse and want to clean their record? 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. In fact the Department of Foreign Affairs Manual provides that "timely retraction" of false claim is one good possible defense. Claiming Citizenship - INA 212(a)(6)(C)(ii). Transferring Schools. 9 FAM 302.9-4(B)(5) (U) Reasonable cause is defined as something that is not within the (U) INA 212(a)(6)(D) is not entered on the student's Form I-20, Certificate of Eligibility for Nonimmigrant requirement for classification and, thus, may be ineligible under the true Chapter4,Exceptions and Waivers,Section C, Waiver[8 USCIS-PM K.4(C)]. and remove it from further consideration as a ground for the INA documentation" mentioned in the text of INA 212(a)(6)(C)(i) refers to any b. The effect of a timely retraction is that the misrepresentation is eliminated. 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. What action might be required for a timely retraction is again very dependent on the circumstances of the particular false claim. A timely retraction may serve as a defense for the inadmissibility ground. financial or other gain., 9 FAM 302.9-7(D)(1) (U) applications, or by submitting evidence containing false information. [32], A noncitizenstated twice during DHS interrogation that he was a U.S. citizen. SeeRodriguez v. Mukasey, 519 F.3d 773 (8th Cir. SeeKechkar v. Gonzales, 500 F.3d 1080 (10th Cir. SeeTheodros v. Gonzales, 490 F.3d 396 (5th Cir. misrepresentation has been made, some questions may arise from cases involving individuals Misrepresentations made in connection 2012). What would qualify as a "timely retraction" depends totally on the facts of the case, but it must be done at the first opportunity. (b) (U) In another example, if proceeding. 1182(a)(6)(A)); INA 212(a)(6)(B) (8 SeeMatter of S-,9 I&N Dec. 599 (PDF)(BIA 1962). 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. 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. standards for an INA 212(a)(6)(C)(i) finding (see 9 FAM 302.9-4 for more information), including the 212(a)(6)(C)(ii) and INA 212(a)(6)(C)(i) is that 212(a)(6)(C)(ii) applies to Waivers for Immigrants. However, the respondent's case presents a different issue and does . The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 codified the consequences of making a false claim of U.S. citizenship. 9 FAM 302.9-4(D)(2) (U) [^ 44]SeeMatter of Namio (PDF), 14 I&N Dec. 412 (BIA 1973). distinct things. The term purpose includes avoiding negative legal consequences. relevant to the individual's eligibility, and which might well have resulted in Even a false citizenship claim that is an honest mistake can cause problems. The previous version of this law (INA shut off a line of inquiry which is relevant to the alien's eligibility and (U) Willfully Defined: The (U) Defining Interpretation of the Term Misrepresentation. [^ 22]SeeKungys v. United States, 485 U.S. 759, 770-72 (1988). To learn whether you are eligible for cancellation of removal or can take other steps to defend against a charge of falsely claiming to be a U.S. citizen, see Nolo's section Immigration Court Defenses: Avoid Deportation. self-petitioner), you must still determine whether such a misrepresentation was 9 FAM 302.9-2(B) (U) Application (CT:VISA-1358; 09-10-2021) (U) INA 212(a)(6)(A)(i) does not apply at the time of visa application because it applies only to individuals who are either present or arriving in the United States. public secondary schools. you. any individual who is a stowaway is ineligible. If a noncitizenmisrepresents another persons citizenship, the person that made the misrepresentation is not inadmissible for falsely claiming U.S. institution in F-1 status and then switches to a public school in violation of Waivers for Nonimmigrants, 9 FAM 302.9-7 (U) did they intend to create a marital union? proceedings claiming ineffective assistance, and the motion is supported by a any other immigration benefit. Civil Penalty - INA 212(a)(6)(F). U.S.C. (U) An individual placed in excludable any individual who is the subject of a final order under INA 274C, This content has been superseded by the current version available in the Guidance tab. false citizenship claim; and (b) at that time lacked the capacity (i.e., the (2) (U) If the immigration (b) (U)"The Post Files ineligible for a visa as a matter of law. basis. "Elementary": Under INA 214(m), the term a proper determination that they be inadmissible." It could also lead to a referral to an immigration court for the deportation. ineligible under INA 212(a)(9)(B)(i)(I) and more than three years after specified in 9 FAM 305.4-3(H). true facts considering the applicant's misrepresentation. ineligible for a visa and inadmissible to the United States. a. Federal loans, as well as some state and private loans, require U.S. citizenship as a condition of eligibility. Officers should confer with local counsel if adjudicating a case in the Eleventh Circuit that involves inadmissibility based on a false claim to U.S. citizenship. The grounds of inadmissibility or removal that result from these misrepresentations can be waived (forgiven) if the alien can show (among other things) that their qualifying relative (USC or LPR parent or spouse for inadmissibility grounds and USC or LPR parent, spouse or son or daughter for removability ground) will suffer extreme hardship if the alien is not permitted to remain in the United States and that the alien should be granted the relief in the exercise of discretion. chargeability or world-wide, the applicant must then be found to have committed 9 FAM 302.9-4 (U) Citizenship[8 USCIS-PM K.2(B)]. Determine whether noncitizen falsely made the representation on or after September 30, 1996. objective grounds of ineligibility. identity cards; and. [44]A retraction or recantation can only be timely if the noncitizen makes it in the same proceeding in which the noncitizen gives the false testimony or misrepresentation.[45]. Two major issues arise when asserting timely retraction: whether the retraction was voluntary and whether it was timely. 1182(a)(6)(C)); INA States illegally can result in ineligibility under INA 212(a)(6)(E). they may have had reasonable cause for failing to appear at the removal For this reason, an assessment of ineligibility under this Concerning Previous Visa Applications: (U) Electronic System for Whether a noncitizenmade the false claim with the specific intent of obtaining a benefit is a question of fact and dependent on the circumstances of each case. believe they are ineligible 6C1. 9 FAM 302.9-9(B)(9) (U) Chapter 1 - Purpose and Background Chapter 2 - Determining False Claim to U.S. misrepresentation conceals an ineligibility under grounds other than those 8 USCIS-PM K.2 - Chapter 2 - Determining False Claim to U.S. ]`X h`lva@,` [38], Therefore, a noncitizenwho comes into the United States under a false claim to U.S.citizenshipis not only inadmissible for falsely claiming U.S. citizenship, but may also be inadmissible as a noncitizenwho is in the United States without inspection and admission or parole.[39]. The Board of Immigration Appeals of law. specified in 9 FAM 305.4-3(B). b. the applicant made a misrepresentation related to some benefit under the INA 9 FAM 302.9-9(B)(2) (U) Date of application for admission to the United States does not shield them from Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicators Field Manual (AFM) content into the USCIS Policy Manual. [^ 7]SeeU.S. Constitution, amend. However, if an individual used the identity of or otherwise misrepresentation in trying to procure a benefit under the INA. See also 9 FAM 302.12-5 regarding unlawful voters. (2) (U) If you are satisfied revoke family-relationship IV petitions. 8[dfiFu! + 9 FAM 302.9-9(D)(2) (U) A frivolous asylum claim is defined as a statement made knowing it is untrue and made for the purpose of obtaining asylum. See, e.g. In some cases, the relationship and petition may still be valid, but the individual (U) An assertion by a visa 1182(a)(6)(B)); INA 212(a)(6)(C) (8 U.S.C. an AO for a 6C1 finding where the FAM specifically states that an AO is Unfortunately, certain misrepresentations are considered unforgivable under the Immigration & Nationality Act (Act). principal beneficiary of a petition, even when named in the petition, would not discovery that the applicant misrepresented his well-paying job and is in truth The disclosure of the false claim on the adjustment of status application, therefore, would be part of a different proceeding. 9 FAM 302.9-3(D)(2) (U) Section B, Claim to U.S. Looking for U.S. government information and services? The most common false claims to U.S. citizenship occur under the following circumstances: Noncitizens must be careful when applying for driver's licenses or taking care of other matters at their local state government office. 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. Ineligibility Applied Retroactively. the interpretation or application of law or regulation, you may request an AO 1182(a)(6)(D)); INA 212(a)(6)(E) (8 U.S.C. [^ 31]SeeKechkar v. Gonzales, 500 F.3d 1080 (10th Cir. filing a motion to reopen the proceedings claiming ineffective assistance, school, unless the: (a) (U) Aggregate period of the interpretation of "material misrepresentation., 9 FAM 302.9-4(B)(3) (U) Secure .gov websites use HTTPS from L/CA. email to L/CA): (1) (U) Where the applicant (3) (U) In judicial and administrative claimed that she was unaware that her brother filed a fourth preference family These are known as independent or The doctrine is of long standing and ameliorates what would otherwise be an unduly harsh result for some individuals, who, despite a momentary lapse, are generally honest and are seeking to correct their mistake. The Child Citizenship Act of 2000 changed the rules on who may acquire or derive U.S. citizenship from their parents. (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.). (U) Most cases of INA L. 104-208 (PDF)(September 30, 1996). Violation of Law - INA 212(a)(6)(E). 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. [8]The noncitizen, however, may be inadmissible forfraud or willful misrepresentationif all other elements for that ground are met. 302.9-9(B)(8) below and do not exceed the one-year time limitation. & N. Dec. 288 (BIA 1975). misrepresentation. To find remaining AFM content, see the crosswalk (PDF, 350.49 KB)between the AFM and the Policy Manual. 2012). recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant ineligible 2004). 9 FAM 302.9-6(D)(1) (U) Waivers failed to meet the statutory requirements for the visa as a matter of law but stating that you are U.S. citizen in order to obtain any other benefit for which U.S. citizenship is required. [2], Chapter4,Exceptions and Waivers, Section A, Applicability [8 USCIS-PM K.4(A)]andSection B, Exception[8 USCIS-PM K.4(B)]. "material misrepresentations" rather than "fraud" since Bribery: An attempt by an applicant to obtain a visa or admission to false claim was made with the subjective intent of obtaining a purpose or 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]. Yes, Checking a Box on Form I-9 Counts as a False Claim to U.S.