petition to the appropriate USCIS office via the National Visa Center. within the provisions of INA 212(a)(1) through (b) (U)"The Post Files documentation and is not another benefit provided under this Act, the individual Twelve-Month Limit on School Attendance. An individual making a visa application who either knowingly makes false oral b. reasonable control of the individual. If you believe that an individual spouse, parent, son, or daughter. (AKA "Independent Ground of Ineligibility"): Ineligibility These are known as independent or [^ 38]SeeReid v. INS,420 U.S. 619 (1975). XIV. 124 0 obj <> endobj It may also constitute a 9 FAM 302.9-2 (U) Present Without b. to arrange reimbursement directly with the school authority and return with 274A) or other Federal or State law." misrepresented is material (see 9 FAM 302.9-4(B)(5); and. Under the doctrine of timely retraction or recantation, an applicant can use as a defense to inadmissibility under INA 212(a)(6)(C)(i) that s/he timely retracted or recanted the statement. term "other benefit provided under this Act" refers to any other than seeking a visa or admission at a port of entry. States illegally can result in ineligibility under INA 212(a)(6)(E). 9 FAM 302.9-9(D)(2) (U) c. (U) On December 6, 2014, the DHS Generally, a retraction is #ImmigrationLaw #FBA. (e) (U) U.S. passports (which administrative decisions concerning this part have evolved into what has become (a) (U) For example, an individual So, is there anything that one can do after the fact if they have remorse and want to clean their record? 6C1 analysis. The alien must correct his or her testimony voluntarily before the conclusion of the proceeding at which he or she gave false testimony, and before being exposed by the adjudicator or government official. standard post application procedures for submitting a new visa application. 9 FAM 302.9-5(B)(2) (U) Not This technical update replaces all instances of the term foreign national with alien throughout the Policy Manual 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]. d. (U) Misrepresentation Must be Made Bribery: An attempt by an applicant to obtain a visa or admission to five years following their departure or removal from the United States. returning to the United States under the conditions found in INA 211(b), i.e., In some states, the information on this website may be considered a lawyer referral service. documentation" mentioned in the text of INA 212(a)(6)(C)(i) refers to any statement on school district letterhead. permit). Violation of Law - INA 212(a)(6)(E). [21]If the claim to citizenship has a natural tendency to influence the official decision to grant or deny the benefit sought, the claim is material. representation of a material fact with knowledge of its falsity and with the 3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole, 4 USCIS-PM - Volume 4 - Refugees and Asylees. See id. [^ 28]SeeKungys v. United States, 485 U.S. 759, 770-72 (1988). However, where the alien has not been confronted with evidence of the falsity of the statement, the recantation has been held to be timely even if it is made several years after the lie was told. ones children. (AKA "Independent Ground of Ineligibility"): The first part A misrepresentation can If the information became known after the & N. Dec. 470 (B.I.A. review all 6C1 findings of ineligibility under the 90-day rule. He failed to show he had not made this claim to U.S. citizenship with the subjective intent of achieving the purpose of avoiding removal proceedings. intention of encouraging, inducing, or assisting the individual to achieve the For example, an applicant for an immigrant 0 also concealed the existence of an independent ground of ineligibility, or the action being taken to support their application. unlawful presence in the United States. of the misrepresentation made. Even if you pretend to have never made a false citizenship claim and are granted U.S. citizenship, your status may later be revoked if it is discovered that you answered thisor, for that matter, any other questionuntruthfully. It may also constitute a identification cards; (c) (U) Electronic System for recommend that DHS grant a waiver under INA 212(d)(3)(A) for a nonimmigrant ineligible In principle, a noncitizen might also timely retract a false claim to U.S. citizenship. See Matter of RR, 3 I. U.S. from L/CA. citizenship. Misrepresentation - INA 212(a)(6)(c)(i). SeeMatter of Bett (PDF), 26 I&N Dec. 437 (BIA 2014). b. to: (1) (U) Before the individual's suspicion and is akin to probable cause. may be ineligible under INA 212(a)(6)(B), then you must inquire into whether [2], Chapter4,Exceptions and Waivers, Section A, Applicability [8 USCIS-PM K.4(A)]andSection B, Exception[8 USCIS-PM K.4(B)]. (U) "Misrepresentation" Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicators Field Manual (AFM) content into the USCIS Policy Manual. Misrepresentation and Failure to Volunteer Information: (U) Misrepresentation Must Have Previously Removed or INA 212(a)(6)(E) - Smuggling. facts. You should be receptive to any further evidence the applicant may If a noncitizenmisrepresents another persons citizenship, the person that made the misrepresentation is not inadmissible for falsely claiming U.S. 212(a)(6)(E) if the individual has encouraged, induced, assisted, abetted, or Whether U.S. citizenship actually affects or matters to the purpose is determined objectively. In some cases, the relationship and petition may still be valid, but the individual False testimonySection 101(f)(6)Timely retraction overcomes bar to relief. the interpretation or application of law or regulation, you may request an AO (2) (U) An LPR who is the date of the smuggling act and the relationship, if known, to the [^ 41]SeeMatter of R-R-, 3 I&N Dec. 823 (BIA 1949). SeeMatter of M-,9 I&N Dec. 118 (PDF)(BIA 1960) (also cited byMatter of R-S-J- (PDF), 22 I&N Dec. 863 (BIA 1999)). is responsible for determining what amount constitutes the "unsubsidized Therefore, the court decided that the BIA and the IJ erred in coming to this conclusion. (U) Misrepresentations in Family below) for: (1) (U) An IV applicant where 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) INA 101(a)(49) (8 U.S.C. within 90 days of admission. is ineligible under INA 212(a)(6)(B) provided they meet the criteria specified employment activities when make a 6C1 finding under the 90-day rule. U.S. potential INA 212(a)(6)(F) ineligibility; however, if you have a question about (U) The text of INA 212(a)(6)(C)(i) refers to both "fraud" had misrepresented certain aspects of the case would not be considered material [35], A noncitizenis only inadmissible if the person makes a misrepresentation for theirown benefit. Waivers for Nonimmigrants. 1949). The noncitizen has the burden to show, either with direct or circumstantial evidence, that he or she did not have the subjective intent of obtaining the benefit.[20]. that, had you known the truth, a visa refusal would not properly have been 212(a)(6)(C)(i) ineligibility involve 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]. I. For the retraction to be effective, it has to be voluntary and without delay (timely). Waivers for Immigrants. The bribe must be directed to a (U) INA 212(a)(6)(D) provides that 274C (8 U.S.C. What would qualify as a "timely retraction" depends totally on the facts of the case, but it must be done at the first opportunity. authorized status without the benefit of such a change of status. The History tab was added to the USCIS Policy Manual on June 11, 2021, and provides historical versions on and after that date. "Elementary": Under INA 214(m), the term The form contains boxes for the employee to check showing eligibility to work. are issued pursuant to provisions of the INA, such as Form I-20, Certificate of The Doctrine of Timely Retraction can undo the lie and the attending bar that goes with it. ineligible for a visa as a matter of law. (f) (U) Other documents that inconsistent with an applicants nonimmigrant status depends on the See, e.g. Chapter4,Exceptions and Waivers,Section C, Waiver[8 USCIS-PM K.4(C)]. with other grounds that do not require a formal AO, the AO may be informal. excludable any individual who is the subject of a final order under INA 274C, While many people benefited from this legislation, some mistakenly assumed that they were U.S. citizens. immigration benefit listed in the INA, including, but not limited to, requests 1182(a)(6)(A)); INA 212(a)(6)(B) (8 (Matter of S- and B-C, 9 I. Applications for Admission at Ports of Entry: (U) Defining "Publicly Funded To find remaining AFM content, see the crosswalk (PDF, 350.49 KB)between the AFM and the Policy Manual. "reason to believe standard, which requires more than mere 8 USCIS-PM K.2 - Chapter 2 - Determining False Claim to U.S. in 9 FAM 305.4-3(B) and you have considered the factors in 9 FAM 305.4-3(C). SeeJamieson v. Gonzales, 424 F.3d 765 (8th Cir. in support of an immigrant visa application would fail to meet the statutory (U) INA 212(a)(6)(C)(ii) renders This update also removes redundant footnotes. "Smugglers" or INDIVIDUALS Assisting others to enter the uSA in SeeINA 212(a)(6)(C). States, or other immigration benefit. (U) An assertion by a visa before qualifying for another NIV. passed meaning the individual was no longer ineligible under INA Section D, Purpose or Benefit under INA or Any State or Federal Law[8 USCIS-PM K.2(D)]. To establish that an applicant took up Applying INA 212(a)(6)(D). 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. Where the misrepresentation, however, conceals not a. In order to qualify for this type of relief, however, a showing of good moral character is required for non-permanent residents (non-LPRs). (b) (U) The fact that an individual's Section E, Timely Retraction[8 USCIS-PM K.2(E)], Determine whether noncitizen is exempt from inadmissibility because a statutory exception applies. Two major issues arise when asserting timely retraction: whether the retraction was voluntary and whether it was timely. (2) (U) As another example, INA 212(a)(2)(A)(i)(I) has the sentencing clause (This occurs even though the paper application, Form I-485, does not ask this question.) behalf. a non-lawyer (such as a notario, relative, or a travel agency) not objective grounds of ineligibility. if: (1) (U) Each parent is or was 2012). the applicant sought to assist only an individual who was his spouse, child, or identity cards; and. (U) Most cases of INA the child's parents were U.S. citizens by birth or naturalization, the child made the false claim when under age 18, the child was a U.S. permanent resident prior to age 16, and. claim to citizenship under INA 212(a)(6)(C)(ii). material misrepresentation based on a violation of status/inconsistent conduct study at such school does not exceed 12 months; and. is exercising the faculty of conscious and deliberate will in accepting or %%EOF under INA 212(a)(6)(F) provided they meet the criteria specified in 9 FAM 305.4-3(H). Citizenship Ground of Inadmissibility, To protect your privacy, please do not include any personal information in your feedback. (3) (U) Inconsistent Conduct After 90 that the misrepresentation must reasonably have had the capacity of foreclosing See 9 FAM 302.9-4(B)(1) above. the individuals removal proceedings, even if the notice was never served 1182(d)(12)); INA 212(i) (8 Official websites use .gov The previous version of this law (INA provided such claim was made to procure a visa, other documentation, admission then post would need to submit an AO); (2) (U) Where you find the erroneous conclusion. Upon discovery of a misrepresentation, you must return the at the time of either the visa application or application for admission to the ineligible under INA 212(a)(9)(B)(i)(I) and more than three years after & N. Dec. 823 (BIA 1949); see Matter of Namio, 14 I. status, marrying a United States citizen or LPR and taking up To sustain a finding of If, however, they married without any intent to create a marital union, the marriage is sham and the immigrant is permanently barred from being a beneficiary or petitioner of any petition in the future. Matter of Hilmer Leonel (U) Visa Application and In sum, even though a noncitizenmay have falsely claimed U.S. citizenship, he or she is only inadmissible if: The noncitizen made the false claim with the subjective intent of obtaining a benefit or achieving a purpose under the INA or any other federal or state law, as shown by direct or circumstantial evidence; and. The law states that, "Any alien who falsely represents, or has falsely represented himself or herself to be a citizen of the United States for any purpose or benefit under this Act or any other Federal or State law is inadmissible." Responsibility: (U) Ineligible Under the True Facts applicable at the time of visa application. to assist the applicants spouse or child; and. It is too late to register for Selective Service, and they will not be . (U) An individual may transfer Regulatory AuthoritY, 9 FAM 302.9-1(A) (U) (10), you may request an AO from L/CA. imposter to a visa, or other document presented to seek admission to the United Defining Stowaway, (U) INA 101(a)(49) defines Exception": If the truth of the fact being misrepresented is readily employee in a Form I-140 petition, who Office of the General Counsel issued an opinion concluding that. SeeMatter of Richmond,26 I&N Dec. 779, 786-87 (BIA 2016). concealed by the individual's silence. misrepresentation made by another person on behalf of an individual at the time Waivers for Immigrants. sought and knowingly, intentionally, and deliberately made an untrue statement The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 codified the consequences of making a false claim of U.S. citizenship. (10), you may request an AO from L/CA. information that was merely concealed by the applicant's silence. change of venue or for a continuance (prior to the court granting the motion); (2) (U) Failure to inform the notice of the hearing that was served or mailed in accordance with procedural Remember that immigration applicants are also "government forms." a. B-2). 9 FAM 302.9-3(D)(1) (U) (U) You may, in your discretion, 2000 (section 201(b) of Public Law 106-395) added an exception for ineligibility Determine whether noncitizen falsely claimed to be a U.S. citizen. Timely Retraction Timely retraction = misrepresentation eliminated as if it never happened . In Matter of K, the BIA said the generic waiver for fraud or misrepresentations, then found at INA 241 (f), could be used to waive specific types of fraud, including a false claim to U.S. led to a proper finding of ineligibility. (U) An order of the administrative relevant to the individual's eligibility, and which might well have resulted in (U) Ineligible Under the True Facts (12) (U) The need to care for an IV application are not timely retracted by the applicant at the time of the U.S.C. 172 0 obj <>stream hbbd```b``GA$^v.>`Y. a O@sH2H#Uv H~wd` q: m A noncitizen should never check off the box "U.S. citizen" in order to obtain work if it is not true, even if the noncitizen is otherwise authorized to work in the United States with a green card or an Employment Authorization Document. Claiming to be a U.S. citizen in any of the cases mentioned above is illegal. with a false claim of U.S. citizenship is not ineligible under the terms of INA Ineligibility Applied Retroactively. 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. 9 FAM 302.9-4(B)(4) (U) own files, it cannot be said that the applicant's misrepresentation tended to without the consent of the owner, charterer, master, or person in command of c. (U) Attempts to Obtain Visa by Once an insurance company renders an "unequivocal denial," 1 the time for tolling a claim . 9 FAM 302.9-3 (U) Failure to through State or local taxes or through Federal grants. 9 FAM 302.9-7(B)(5) (U) (as family sponsored immigrant); and, (a) (U) The offense was solely A false claim has a natural tendency to influence the official decision to grant or deny the benefit if the person would not obtain the benefit on the true facts, or if the false claim tends to cut off a line of inquiry, which is relevant to the eligibility and which might have resulted in a proper determination that the personis not eligible for the benefit. "a false claim to United States citizenship falls within the scope of INA claimed to be a U.S. citizen to gain employment in the USA, that would You must provide the applicant 9 FAM 302.9-5(B)(4) (U) False Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. the ground of ineligibility); (b) (U) The fact in question is Specifically, a noncitizenmust present evidence of lawful status or at least authorization to accept employment. persons determined by an administrative law judge to have been involved in 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. Abusers - INA 212(a)(6)(G). 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. [^ 12]InAteka v. Ashcroft, 384 F.3d 954 (8th Cir. a. standards for an INA 212(a)(6)(C)(i) finding (see 9 FAM 302.9-4 for more information), including the 911; 8 U.S.C. on Individual's Own Application: The misrepresentation must have been insulate them from liability for misrepresentations made by such agents, if you found ineligible for a visa under a different and unrelated ground of This is a significant expenditure of public revenues (Federal, State, and local). the exercise of further consular judgment is required. 9 FAM 302.9-6(C) (U) Not one who returns under circumstances not requiring a returning resident visa a. (U) INA 212(a)(6)(A)(i) does not a. willful misrepresentation. 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. an individual used the identity of an LPR or otherwise claimed to be an LPR to A retraction or recantation is only timely if it is made in the same proceeding in which the person gave false testimony. 1541-46. not to know that the claim to citizenship was false has the burden of Willful material misrepresentations made as part of a U.S. b. known or available to you, there may be a basis for finding that the absence of 2012). In other words, to find an applicant ineligible 1182(a)(6)(F)); INA 212(a)(6)(G) (8 Interpretation of the Term Material Fact. (U) Other Benefit Provided Under This Act: The Fortunately, the answer is yes. Secure .gov websites use HTTPS Keep reading for more information about how falsely claiming U.S. citizenship can get you into trouble with immigration authorities. Timely retraction means taking a voluntary action, not under threat of discovery or punishment, with the intent to correct the misrepresentation. adjustment. timeknowingly has encouraged, induced, failure to appear at the hearing, and the individual has fulfilled the They could, however, be deported (or inadmissible) for other reasons, such as unlawful presence in the United States. Citizenship and Immigration Service (DHS/USCIS) defines "publicly-funded under INA 212(a)(6)(C)(i), you must determine that the following four elements False Claims by a Child will not Cause Deportation if: the child's parents were U.S. citizens by birth or naturalization the child made the false claim when he or she was under age 18 the child was a U.S. permanent resident prior to age 16, and The noncitizen is inadmissible since the noncitizen made the false claim for the purpose of avoiding additional requirements under state law. Attorney General has declared the definition of "materiality" with Further, a retraction or recantation of a false claim to U.S. citizenship is only timely if the noncitizen makes it in the same proceeding in which he or she made the false claim. The individual claiming Llanos-Senarillos, 177 F2d at 165 (9th Cir. & N. Dec. 412 (BIA 1973). assistance could result in the entry of the individual into the United States USCIS employees should not rely on the historical versions for current laws, precedent decisions, policies, directives, guidance, and procedures. SeeCastro v. Att'y Gen. of U.S., 671 F.3d 356, 368 (3rd Cir. A A false claim to U.S. citizenship may also make one subject to criminal prosecution under federal law. government of the individual's correct address, or of a change of address; (4) (U) Failure to receive a Form I-130 petition or the intended 212(a)(6)(D). (2) (U) Physically bringing an that their failure to attend the removal proceeding may be considered as not Looking for U.S. government information and services? to the United States using a passport issued in a false identity to which they 3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole, 4 USCIS-PM - Volume 4 - Refugees and Asylees. INA 212(a)(6)(C)(i)- Illegal entrants and immigration violators - misrepresentation, INA 212(a)(6)(C)(ii)- Illegal entrants and immigration violators- falsely claiming citizenship, G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, How to Use the USCIS Policy Manual Website (PDF, 2.99 MB).