Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. 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 alien is not eligible for the benefit. 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 alien is not eligible for the benefit. A person who is deported on this basis becomes permanently inadmissible, meaning unable to legally return to the United States. In the case of an alien spouse, he or she must establish that the marriage was bona fide at the time it was entered into in order to be eligible for the removal of conditions. A question about past false claims to citizenship DOES appear on the application for naturalization (Form N-400). We will examine each clause in turn in the following subsections. Citizenship [8 USCIS-PM K.2(B)]. Finally, some people who overstayed their visa or never had any legal status in the U.S. have made false statements at border crossings or in interviews with immigration authorities about their citizenship status in order to stay in the United States. § 1227(a)(1)(H). The alien 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.[21]. Section 212(g) of the INA provides for “[b]onds and conditions for admission of alien inadmissible on health-related grounds” under section 212(a)(1)(A) of the INA. Also, if an alien falsely claims citizenship by voting, that alien would also be inadmissible under INA 212(a)(10)(D), which declares an alien inadmissible who votes in violation of any federal, state, or local law. The applicant’s inadmissibility for a false claim to U.S. citizenship depends on whether the applicant meets the burden of showing that he or she intended to claim to be a U.S. national when completing the Form I-9. One court decision concerning a false claim to U.S. citizenship made on student loan applications also accused the immigrant of fraud, since he had used a false name, date of birth, and Social Security Number. Admitting to the false representation after USCIS has challenged the veracity of the claim is not a timely retraction. [^ 38] See Matter of Quilantan (PDF), 25 I&N Dec. 285 (BIA 2010). Remember that immigration applicants are also “government forms.” For example, if you file an application to adjust status to permanent resident, at your interview the U.S. XIV. ​Case law relating to the inadmissibility ground for fraud or willful misrepresentation has long recognized that an alien is not inadmissible if he or she made a timely retraction of the fraud or misrepresentation. In addition to being removable on a specified ground, the alien must meet the following requirements in order to be eligible for a section 237(a)(1)(H) waiver. Section D, Purpose or Benefit under INA or Any State or Federal Law [8 USCIS-PM K.2(D)]. 2014). Share sensitive information only on official, secure websites. There are, of course, certain, very limited circumstances when a person would still have a chance. 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. [^ 40] 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 in INA 101(a)(13)(C) is present. In some cases, it may be a secondary charge in removal proceedings. If you were to ask me what was one of the worst “reforms” of the immigration laws in 1996, I would say high on the list is a portion of the “reform” statute passed by Congress and signed into law by President Bill Clinton that made a non-citizen making a false claim to U.S. citizenship both inadmissible to, INA § 212 (a) (6) (C) (ii), and deportable from, INA § 237 (a) (3) (D), the United States. U.S. 2012). If the benefit requires U.S. citizenship as part of eligibility, then the alien’s false claim is material. Section 212(i) of the INA contains a similar waiver provision for inadmissibility based in section 212(a)(6)(C)(i). The alien is inadmissible since the alien made the false claim for the purpose of avoiding additional requirements under state law. 212(a)(6)(C)(ii) Inadmissibility due to False Claim to US Citizenship Foreign nationals may be inadmissible if he or she made a falsely represented that he or she is a US Citizen. We discussed this bar in our articles on Matter of M-B-C-, 27 I&N Dec. 31 (BIA 2017) [see article], and Maric v. Sessions, 854 F.3d 520 (8th Cir. 2007). [38], However, the law and precedents relating to what qualifies as the admission of an alien do not apply to U.S. citizens and nationals. See 9 FAM 302.9-4(B)(3)(f), Timely Retraction. Copyright © 2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. The alien must have been in possession of an immigrant visa or equivalent document at the time of his or her admission. Section 237(a)(1)(C)(ii) renders deportable “[a]ny alien whom the Secretary of Health and Human Services certifies has failed to comply with terms, conditions, and controls that were imposed under section 212(g)…”. Id. A person can become deportable for making false claims to U.S. citizenship to employers. In others, it is necessary to check a box to indicate U.S. citizenship, but a government official (or any other person you authorize to complete the form on your behalf) may check off the box for you. Furthermore, U.S. citizenship must affect or matter to the purpose or benefit sought. [^ 21] See Matter of Richmond, 26 I&N Dec. 779, 786-787 (BIA 2016). [22] 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. § 1251(f) (196… (See Matter of Agour, 26 I&N Dec. 566 (BIA 2015) holding that “adjustment of status” constitutes an “admission” for purpose of applying for a section 237(a)(1)(H) waiver.) Comments Off on That’s a strange way to tell me I’m not inadmissible for a false claim to citizenship. See Matter of F- (PDF), 9 I&N Dec. 54 (BIA 1960). The form contains boxes for the employee to check showing eligibility to work. It is very serious to be charged with making a false claim to citizenship. 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. The provisions of this paragraph relating to the removal of aliens within the United States on the ground that they were inadmissible at the time of admission as aliens described in section 1182(a)(6)(C)(i) [misrepresentation to gain admission] of this title, whether willful or innocent, may, in the discretion of the Attorney General, be waived for any alien (other than an alien described in paragraph (4)(D) [Nazi removal charge]) who... (2) (i)(I) is the spouse, parent, son, or daughter of a citizen of the United States or of an alien lawfully admitted to the United States for permanent residence; and.