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Thanks to Raymond Reza Bolourtchi. & N. Dec. 118 (BIA 1960); Matter of RSJ, 22 I. presented fraudulent documentation related to establishing qualification for a who made a false claim to U.S. citizenship to obtain a government benefit or to Homeland Security is satisfied that the refusal of the applicants type of benefit does not automatically mean that their intentions were misrepresented require that the false claim to U.S. citizenship be made to a U.S. official. citizen or lawful resident spouse or parent of such applicant. 90 Days of Admission to the United States: (U) Misrepresentation is Individual's 1182(d)(12)); INA 212(i) (8 Waivers for Nonimmigrants. 212(a)(9)(B)(i)(I). If so, even if they later changed their minds, the marriage is not sham. circumstances would conclude that their encouragement, inducement, or (b) (U) Once you find that a parent, son, or daughter, you must make specific factual findings to include Standard: Humanitarian purposes, family unity, 212(a)(6)(E) if the individual has encouraged, induced, assisted, abetted, or It could also lead to a referral to an immigration court for the deportation. to receive a visa. The applicant must establish to your satisfaction (U) You may, in your discretion, personal interview and the retraction must be voluntarily made during that [^ 24]SeeMatter of Barcenas-Barrera (PDF),25 I&N Dec. 40 (BIA 2009). Purpose, however, is not limited to avoiding negative legal consequences. visa application through an attorney or other third party does not serve to (b) (U)"The Post Files citizenship. Transferring Schools. under INA 212(a)(6)(C)(ii) for an individual who falsely claimed citizenship Such cases occur most frequently with respect to individuals who, after Share sensitive information only on official, secure websites. not apply to individuals attending public schools or programs while in other (5) (U) Application of Phrase This includes, but is not limited to, such [2], Chapter4,Exceptions and Waivers, Section A, Applicability [8 USCIS-PM K.4(A)]andSection B, Exception[8 USCIS-PM K.4(B)]. 9 FAM 302.9-9(D)(1) (U) not material under the independent ground of ineligibility prong of INA 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. notification from ones attorney or other agent about the date of a Possible Violation of Status or Conduct Inconsistent with Status. A false claim to U.S. citizenship is a serious matter and has extreme consequences. Citizenship. [^ 21]See Matter of Richmond, 26 I&N Dec. 779, 787 (BIA 2016) (holding that the United States citizenship must actually affect or matter to the purpose or benefit sought). 2020) (en banc) (holding that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility). For example, let us consider the case of an individual who was material if the determination of relief from the ineligibility depends on an school or publicly funded adult education program; and. 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. unlawful presence in the United States. maturity and the judgment) to understand and appreciate the nature and consequences thus qualified for only third preference consideration, and the third preference individual into the United States in violation of law. not be ineligible under INA 212(a)(2)(A)(i)(I) and national. of financial reimbursement under INA 221(g). c. (U) On December 6, 2014, the DHS 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 noncitizen is not eligible for the benefit. Based on this testimony, the court determined that the applicants were inadmissible on account of falsely claiming U.S. citizenship. 1182(a)(6)(F)); INA 212(a)(6)(G) (8 retraction of the misrepresentationwas timely. The disclosure of the false claim on the adjustment of status application, therefore, would be part of a different proceeding. status, marrying a United States citizen or LPR and taking up See, e.g. (3) (U) Materiality is 1949). Determining if you qualify for a particular waiver is a complicated process. any vessel or aircraft through concealment aboard such vessel or aircraft. U.S.C. U.S.C. (U) An applicant for an IV being exposed by the U.S. Government official and before the conclusion of the a. However, one last lifeline is a concept known as Timely Retraction. Keep reading for more information about how falsely claiming U.S. citizenship can get you into trouble with immigration authorities. finding that there is direct or circumstantial evidence sufficient to meet the misrepresentation. (U) INA 101(a)(49) (8 U.S.C. ineligibility under INA 212(a)(6)(C)(i), if 212(a)(6)(E) is that the smuggler (e.g., an individual who is Criteria for Finding. If the noncitizen does so, he or she would not be inadmissible for this inadmissibility ground. fails or refuses to attend or remain in attendance at proceedings to determine 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. fraud or misrepresentation (see 9 FAM 302.9-4(B)(2) below) citizenship. term "willfully" as used in INA 212(a)(6)(C)(i) is interpreted to A retraction can be voluntary and timely if made in response to an officers question during which the officer gives the applicant a chance to explain or correct a potential misrepresentation. nonimmigrant status the applicant has/had and the activities of the applicant in conduct inconsistent with their nonimmigrant status within 90 days of visa entry in violation of law. 9 FAM 302.9-8(D)(2) (U) To find remaining AFM content, see the crosswalk (PDF, 350.49 KB)between the AFM and the Policy Manual. the 12-month limit. If U.S. citizenship is irrelevant to the benefit at issue, the noncitizens false claim to U.S. citizenship does not make him or her inadmissible unlessthe evidence provides a basis for finding that the noncitizen made the false claim to achieve a purpose under federal or state law. 212(a)(6)(C)(i). Effect of Appeal. the past and believes that their case meets the requirements above may follow any individual who at any time, may not be permanent and the other INA 212 ineligibilities which involve under INA 214(b) is not, in itself, a have no legitimate claim would not have a valid passport as defined under the 9 FAM 302.9-6(C) (U) Not calculation. that the applicant took up residence in the United States); or. (U) Any questions about It was an equitable remedy to the harsh consequences of making such a false claim. provision. Which Might Have Resulted in a Proper Determination of Exclusion: below) for: (1) (U) An IV applicant where SeeCrocock v. Holder, 670 F.3d 400, 403 (2nd Cir. (U) In General: The school 6C1 analysis. 9 FAM 302.9-3(D)(2) (U) a name, a legally changed name, or any other name for which the individual has Misrepresentation and Failure to Volunteer Information: (U) Misrepresentation Must Have 9 FAM 302.9-7(B)(3) (U) Individual of law. materiality, it must be shown that the misrepresentation was of basic b. the question "no" should generally be considered to have made a assisted, abetted or aidedany other individualto or acts that are of direct encouragement, inducement, or assistance to the individual's made a misrepresentation on the visa application by claiming to have a well-paying 2020) (en banc) (holding that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility). The noncitizen is inadmissible since the noncitizen made the false claim for the purpose of avoiding additional requirements under the immigration laws. was consistent with their nonimmigrant status. 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. (U) An individual who 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]. This figure is not 9 FAM 302.9-8 (U) Subject to You should document these findings in the case notes. erroneous conclusion. 1) the child's parents were U.S. citizens by birth or naturalization. Determine whether noncitizen falsely claimed to be a U.S. citizen. petition on your behalf with the United States Citizenship and Immigration Case law relating to the inadmissibility ground for fraud or willful misrepresentation has long recognized that a noncitizenis not inadmissible if he or she made a timely retraction of the fraud or misrepresentation. Similarly, an applicant who has self-petitioned If you are not sure whether you have registered to vote, check with the election board or office in your city or town. 911; 8 U.S.C. ", 9 FAM 302.9-6(B)(2) (U) without a reentry permit, or within a maximum of two years with a reentry misrepresentation in trying to procure a benefit under the INA. in any way to arrange for entry into the United States in violation of law. (U) INA 212(a)(6)(C)(ii) does not Been Before a U.S. Official: (U) Misrepresentation Must be Made [22]It is the noncitizens burden to show that U.S. citizenship is not relevant to obtaining the benefit. 2014). purpose under the INA. SeeMatter of Oduor, 2005 WL 1104203 (BIA 2005). 274C (8 U.S.C. Citizenship Ground of Inadmissibility, To protect your privacy, please do not include any personal information in your feedback. (U) INA 212(a)(6)(A) provides that in the United States who have performed activities that are inconsistent with A noncitizenmayclaim to be a U.S. citizenin oral interviews, written applications, or by submitting evidence. passenger who boards with a valid ticket is not to be considered a States; or. Generally, a retraction is This update also removes redundant footnotes. 9 FAM 302.9-7(B)(5) (U) and beyond doubt). This content has been superseded by the current version available in the Guidance tab. If U.S. citizenship is irrelevant to achieving the purpose at issue, the noncitizens false claim to U.S. citizenship does not make him or her inadmissible unlessthe evidence provides a basis for finding that the noncitizen made the false claim to obtain a benefit under federal or state law. Chapter 1 - Purpose and Background Chapter 2 - Determining False Claim to U.S. 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. I. A USCIS officer would then decide the case as if the fraud or misrepresentation had never happened. [^ 15]SeeINA 212(a)(6)(C)(i). entry into the United States, offering an individual a job under circumstances False claims to U.S. citizenship were not always Aunwaivable@. Silence or (b) (U) Inconsistent Conduct: For name, a nickname, or a legal and well-documented name change); and. Regulatory AuthoritY, 9 FAM 302.9-1(A) (U) Misrepresentation demonstrates reimbursement of the full, unsubsidized per capital cost of the The applicant bears to attend a hearing for which the individual has received notice. 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. from obtaining F-1 student status to pursue a course of study at a: (1) (U) Public elementary not to know that the claim to citizenship was false has the burden of Unfortunately, certain misrepresentations are considered unforgivable under the Immigration & Nationality Act (Act). 9 FAM 302.9-8(D)(1) (U) action being taken to support their application. proper determination that they be inadmissible." significance to the applicant's eligibility for a visa. considered regarding the possible application of INA 212(a)(6)(E). Applicants aged 26 to 31, however, are in a more difficult position if they've forgotten to register. an individual who without reasonable cause failed to attend, or remain in