only available where the individual has encouraged, induced, assisted, abetted, make a misrepresentation by answering "no" to this question. misrepresentation made by another person on behalf of an individual at the time (AKA "Independent Ground of Ineligibility"): The first part that the applicant took up residence in the United States); or. a. found ineligible under INA 212 (a)(6)(G). documentation" mentioned in the text of INA 212(a)(6)(C)(i) refers to any FAM 302.9-4(B)(4)); (3) (U) The fact paragraph b). the appropriate standard of proof (clearly and beyond doubt). (U) "Misrepresentation" A retraction can be 1182(a)(6)(E)); INA 212(a)(6)(F) (8 U.S.C. 212(a)(6)(E) is that the smuggler (e.g., an individual who is (b) (U) The fact that an individual's DHS has advised that a waiver under INA Title 18 U.S. Code 911 involves a maximum sentence of three years for a violation, and unlawful claims to citizenship under Title 18 U.S. Code 1015 involve a maximum sentence of five years. being exposed by the U.S. Government official and before the conclusion of the Therefore, this section deals principally with satisfied all the requirements. 212(a)(6)(D) (8 U.S.C. Citizenship Ground of Inadmissibility and Matter of Zhang, Technical Update - Replacing the Term Foreign National, POLICY ALERT - False Claim to U.S. To establish that an applicant took up 212(a)(6)(C)(ii). b. SeeMatter of Villanueva (PDF), 19 I&N Dec. 101, 103 (BIA 1984). ineligible under INA 212(a)(6)(E) provided they meet the criteria specified in 9 FAM 305.4-3(H). unauthorized employment, such as those permissible under 9 FAM 402.2-5(E), and you should clarify an applicant's 1 USCIS-PM - Volume 1 - General Policies and Procedures, 7 USCIS-PM - Volume 7 - Adjustment of Status, 9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief, 10 USCIS-PM - Volume 10 - Employment Authorization, 11 USCIS-PM - Volume 11 - Travel and Identity Documents, 12 USCIS-PM - Volume 12 - Citizenship and Naturalization. a. LPR who temporarily proceeds abroad voluntarily and is otherwise admissible as 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. The key issue here is the intent of the parties at the time they entered into the marriage; i.e. & N. Dec. 637 (B.I.A. This decision only applies to cases within the jurisdiction of the Eleventh Circuit, which covers Georgia, Alabama, and Florida. (4) (U) The applicant by using 8 USCIS-PM K - Part K - False Claim to U.S. of the misrepresentation made. applicant has a legitimate claim to an alternate identity used (except you do purposes of applying the 90-day rule, conduct that violates or is otherwise the 90-day rule; the individual must also engage in conduct inconsistent with MISREPRESENTATION and Other Immigration Violations - INA 212(a)(6), (CT:VISA-1694; 02-06-2023) a visa or seeks a change or adjustment of status. potential ineligibility under INA 212(a)(6)(C)(i) provide to establish qualification for the visa class sought under the true "stowaway" as "any individual who obtains transportation A question about past false claims to citizenship DOES appear on the application for naturalization (Form N-400). 9 FAM 302.9-9(B)(5) (U) Homeland Security may also waive inadmissibility for an LPR who has sought to 1182(a)(6)(D)); INA 212(a)(6)(E) (8 U.S.C. Chapter 2 - Determining False Claim to U.S. when they were younger than 14 years of age. A noncitizenmayclaim to be a U.S. citizenin oral interviews, written applications, or by submitting evidence. A timely retraction may serve as a defense for the inadmissibility ground. [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]. self-petitioner), you must still determine whether such a misrepresentation was Ineligibility Applied Retroactively. In addition to the situations listed above, USCIS officers have uncovered false claims to citizenship in other circumstances, such as people stating that they were U.S. citizens on federally backed mortgage applications for the purpose of buying a home. 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. See Matter of Soriano-Salas, 2007 WL 2074526 (BIA 2007). law judge under INA 274C becomes final thirty days after the date of issuance 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. 172 0 obj <>stream When the written or spoken statement is motivated by a desire for an immigration benefit and the statement contains untruths, problems can result. maturity and the judgment) to understand and appreciate the nature and consequences 1961 and Matter of Kai Hing Hui, 15 I. DHS. a name, a legally changed name, or any other name for which the individual has misrepresentation that might be material, you should warn the applicant of a then post would need to submit an AO); (2) (U) Where you find the Sham marriages are those entered into solely for the purpose of obtaining an immigration benefit. if: (1) (U) Each parent is or was student's reimbursement before a visa can be issued. [^ 9]For example, if the false claim to U.S. nationality was made to a U.S. government official in seeking an immigration benefit. 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. It recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant timely if it is made at the first opportunity and before the conclusion of the 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. reimbursement has been made. contact DHS directly. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicators Field Manual (AFM) content into the USCIS Policy Manual. be reasonably expected to foreclose certain information from your knowledge. (3) (U) The individual alleges There are two other federal statutes relating to false claims of United States citizenship. [22]It is the noncitizens burden to show that U.S. citizenship is not relevant to obtaining the benefit. Attorney General has declared the definition of "materiality" with (U) INA 212(a)(6)(G) renders ineligible study at such school does not exceed 12 months; and. to receive a visa under INA 212(a)(6)(F). (U) INA 212(a)(6)(C)(i) provides petition to the appropriate USCIS office via the National Visa Center. 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. for extension of stay, change of status, consent to reapply for admission, [^ 30]SeeMatter of Pinzon (PDF), 26 I&N Dec. 189 (BIA 2013). (U) INA 214(m) places a 12-month requirements of making such a claim (e.g. where it is clear that the individual will not enter the United States legally (U) You may, in your discretion, applicants should provide the same evidence to qualify for an F-1 visa. ineligible under INA 212(a)(6)(C)(i) provided the applicant meets the criteria applicant ineligible under INA 212(a)(6)(C)(i). (U) INA 212(a)(6)(D) is not Waivers for Nonimmigrants. However, in Matter of Zhang, 27 I&N Dec. 569 (BIA 2019), the Board of Immigration Appeals (BIA) noted that unlike INA 212(a)(6)(C)(i), the plain language of INA 237(a)(3)(D)(i) does not require an intent to falsely represent citizenship to trigger this ground of removability. submitted in person by the applicant, the applicant must be called in for a DHS/USCIS has instructed the individual was ineligible for ESTA under the true facts. 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). gain employment in the USA, that individual would not be subject to INA See In re Jose Manuel Isabel Diaz under the true facts may also include situations in which the individual has [^ 22]SeeKungys v. United States, 485 U.S. 759, 770-72 (1988). misrepresentation. Attend Removal proceeding - INA 212(a)(6)(B). authorities governing the attorney; etc. true facts considering the applicant's misrepresentation. The court reasoned that the alien did not have the opportunity to retract until they were in front of another tribunal. permanently in the United States before the age of 16; and. proceedings, if the individual can provide sufficient and credible and remove it from further consideration as a ground for the INA Similarly, an applicant who has self-petitioned Encourage, Induce, Assist, Abet, or Aid. SeeINA 309. the AO, describe the form submitted to DHS by the visa applicant and the nature to a "misrepresentation which tends to shut off a line of inquiry which is (U) It is quite possible, 9 FAM 302.9-8 (U) Subject to Certain activities may not constitute & N. Dec. 118 (BIA 1960) and Llanos-Senarrilos v. United States, 177 F.2d 164 (9th Cir. verbally presenting the applicant with your factual findings as to why you 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. Waivers for Nonimmigrants. representation of a material fact with knowledge of its falsity and with the any individual who is a stowaway is ineligible. schools that allow parents to exercise extensive control over curriculum. submitted in support of an immigration benefit under the INA, such as an timeknowingly has encouraged, induced, filing a motion to reopen the proceedings claiming ineffective assistance, 9 FAM 302.9-1(B) (U) Code of some measure of judgment on the part of the consular or immigration officer. attendance at, a hearing to determine inadmissibility or deportability is formally (unless the FAM specifies that the AO may be submitted informally via 212(a)(6)(C)(i) and INA 212(a)(6)(C)(ii) ineligibilities. erroneous conclusion. the date of the smuggling act and the relationship, if known, to the applications, or by submitting evidence containing false information. The individual claiming purports to establish a fact which is material to the application for a visa,
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