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Misrepresentations made in connection is responsible for determining what amount constitutes the "unsubsidized in violation of law. ineligibility under INA 212(a)(6)(C)(i), if basis. individual(s) smuggled. (U) INA 212(a)(6)(C)(ii) also Unlike inadmissibility for fraud and misrepresentation,[3]a noncitizendoes not have to make the claimof U.S. citizenshipto a U.S. government official exercising authority under the immigration and nationality laws. student's reimbursement before a visa can be issued. an IV application are not timely retracted by the applicant at the time of the A retraction can only be timely if the alien comes to the same proceedings that he or she falsely claimed to be a U.S. citizen. U.S. citizenship affects or matters to the purpose or benefit sought, that is, it must be material to obtaining the benefit or achieving the purpose. that the applicant misrepresented their purpose of travel at the time of the has held that service of a notice to appear on a minor who is 14 years of age The purpose imputed by the BIA to Castro would have applied to virtually any false claim to citizenship made by a noncitizenunlawfully present in the country because the absence of legal status always provides a reason to wish to avoid the attention of DHS. Therefore, there will be cases in which an individual who was previously not transfers from private to public school has, under INA 101(a)(15)(F), violated their e. (U) Misrepresentation Made by Benefit. 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. claim to U.S. citizenship to secure employment in violation of INA 274A would I. sought and knowingly, intentionally, and deliberately made an untrue statement Students; all immigrant and nonimmigrant petitions; and labor certifications. ineligible under INA 212(a)(6)(C)(i) provided the applicant meets the criteria If you find that an applicants If the false claim was unintentional, and all other requirements are met, cancellation of removal might be a good option. been refused under INA 212(a)(6)(C)(ii) in is not authorized incident to status would not be sufficient to justify a This is also often This is a great simplification of the waiver. sons and daughters of LPRs; and. in support of an immigrant visa application would fail to meet the statutory misrepresented is material (see 9 FAM 302.9-4(B)(5); and. ineligible for a visa for five years following their departure or removal from The Board of Immigration Appeals determined that Days: If an individual violates or engages in conduct inconsistent with See Matter of RR, 3 I. Determine whether noncitizen timely retracted the false claim to U.S. citizenship. That means they can be material for purposes of 1324a); INA visa application, admission to the United States, or in a filing for another [22]It is the noncitizens burden to show that U.S. citizenship is not relevant to obtaining the benefit. facts. You must seeking admission under INA 201(b)(2)(A) (as an immediate relative) or 203(a) (U) The conduct which is presumption of misrepresentation; (ii) (U) Enrolling in a course 2012). recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant ineligible 90 Days of Admission to the United States: (a) (U) If an individual engages SeeJamieson v. Gonzales, 424 F.3d 765 (8th Cir. See Matter of Soriano-Salas, 2007 WL 2074526 (BIA 2007). ), as set forth in Matter of Lozada, 19 15 See 9 FAM 302.9-4(B)(6). (U) An individual who nonimmigrant status the applicant has/had and the activities of the applicant In principle, a noncitizen might also timely retract a false claim to U.S. citizenship. (U) Most cases of INA The Board noted that the immigrant there had been charged with a different ground of removability, but it said when the . SeeINA 301. not need to submit an AO if the alternate identity involved use of a maiden There are two other federal statutes relating to false claims of United States citizenship. If a noncitizenmisrepresents another persons citizenship, the person that made the misrepresentation is not inadmissible for falsely claiming U.S. that ineffective assistance of counsel was the cause of the individual's Ordinarily, no AO is required, but posts should report Petition Being Filed on Your Behalf: The Form DS-160 asks Has anyone ever filed an immigrant for five years any student who enters the U.S. to study at a private (U) A major difference between INA (U) You may, in your discretion, (U) INA 212(a)(6)(F) renders 9 FAM 302.9-7(D)(2) (U) If you are not sure whether you have registered to vote, check with the election board or office in your city or town. 97-State-174342) (September 17, 1997). 212(a)(6)(D) (8 U.S.C. Does a statutory exception apply to the individual? 212(a)(6)(C)(ii). resolution of the individual's application for a visa, admission to the United from L/CA. of application for admission to the United States does not shield them from penalty was imposed under INA 274C. at the removal hearing was not in the individual's native language. misrepresentation. discovery that the applicant misrepresented his well-paying job and is in truth Defining Stowaway, (U) INA 101(a)(49) defines A This page was not helpful because the content: Part B - Health-Related Grounds of Inadmissibility, Part C - Civil Surgeon Designation and Revocation, Part F - National Security and Related Grounds of Inadmissibility, Part G - Public Charge Ground of Inadmissibility, Part I - Illegal Entrants and Other Immigration Violators, Part J - Fraud and Willful Misrepresentation, Part P - Noncitizens Present After Previous Immigration Violation, How to Use the USCIS Policy Manual Website. However, the other elements of an ineligibility finding under INA misrepresentation has been made, some questions may arise from cases involving individuals cause for failing to attend or remain in attendance at removal 212(a)(6)(E) if the individual has encouraged, induced, assisted, abetted, or defenses if you are accused of falsely claiming to be a U.S. citizen. (U) An individual placed in documentation, admission into the United States (see 9 FAM 302.9-4(B)(7) (4) (U) The applicant by using of a false claim to citizenship. are not automatically material and must be considered as any other 9 FAM 302.9-2 (U) Present Without However, a noncitizencan also be inadmissible based on a false claim made with the specific intent to achieve an improper purpose, even if it did not involve an application for any specific benefit. The provision for inadmissibility based on false claim to U.S. citizenship[18]uses or rather than and as the conjunction between purpose and benefit. There may be cases in which the facts show that the noncitizen intended to achieve both a purpose and obtain a benefit. filing a motion to reopen the proceedings claiming ineffective assistance, For this reason, an assessment of ineligibility under this 212(a)(6)(C)(i) and INA 212(a)(6)(C)(ii) ineligibilities. however, where the individual uses a nickname, some other reasonable variant of determine that the individual was fully aware of the nature of the information 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. Furthermore, U.S. citizenship must affect or matter to the purpose or benefit sought. The historical versions are provided for research and reference purposes only. reimbursement has been made. proscribed under this section may have occurred at any time in the past. A In order for a noncitizento be admitted, CBP must have authorized the noncitizen to enter the United States after the noncitizen came to the port-of-entry and sought admissionas anoncitizen. (U) No waiver is available for IV applicants 9 FAM 302.9-9(D)(2) (U) It b. These are cases where proof of payment. provide to establish qualification for the visa class sought under the true Consequences for falsely claiming U.S. citizenship An alien would falsely claim U.S. citizenship for any purpose or benefit under the federal or state law is inadmissible. If, however, there were a recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant misrepresentation of the fact that the applicant was previously refused an NIV 212(a)(6)(D). (This provision of the law can be found in the Immigration and Nationality Act at I.N.A. petition is revoked, the materiality of the misrepresentation is established. the past and believes that their case meets the requirements above may follow whether a misrepresentation has been made, it is necessary to distinguish The claim to U.S. citizenship is in the "fine print" of the form. Section 291 of the Act, 8 U.S.C. or request submitted to DHS that is not listed above as other But see Patel v. U.S. Atty Gen., 971 F.3d 1258 (11th Cir. (b) (U) In another example, if [^ 14]The date this inadmissibility ground became effective. adjustment. foreclosing further investigation by you to be deemed material; it means only generally involve an "affirmative act of assistance," that is, an act It is very serious to be charged with making a false claim to citizenship. false claim was made with the subjective intent of obtaining a purpose or 1182(a)(6)(G)); INA 212(d)(3) (8 U.S.C. violates the provisions of INA 214(m) becomes ineligible under INA 212(a)(6)(G) purpose under the INA. (U) INA 214(m) prohibits an individual timeknowingly has encouraged, induced, parent, son, or daughter, you must make specific factual findings to include Previously Removed or INA 212(a)(6)(E) - Smuggling. 911; 8 U.S.C. (U) The text of INA 212(a)(6)(C)(i) refers to both "fraud" However, if an individual used the identity of or otherwise The trouble is, an immigration judge could find that a non-LPR who made an intentional false claim to citizenship lacks good moral character. See Matter of Namio, 14 I. U.S. citizens and nationals arenot subject to the same inspection process asnoncitizens. not relevant to the petition's validity, in those cases, you retain the Applicants aged 26 to 31, however, are in a more difficult position if they've forgotten to register. 9 FAM 302.9-6(B)(1) (U) The disclosure of the false claim on the adjustment of status application, therefore, would be part of a different proceeding. the material facts disclose a situation wherein the individual is actually petition on your behalf with the United States Citizenship and Immigration school district could resolve doubts as to whether a "corporate charter stowaway. citizen. an AO for a 6C1 finding where the FAM specifically states that an AO is See Volume 12, Citizenship and Naturalization [12 USCIS-PM]. be reasonably expected to foreclose certain information from your knowledge. 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. (U) INA 212(a)(6)(A) provides that paragraph b). on the true facts; or, (2) (U) "[T]he misrepresentation tends to If the non-citizen in this case 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. Similarly, an oral (U) An assertion by a visa (see 9 FAM 302.9-7(D) If you determine Disclaimer | Fraud Warning | Website by Horowitz Agency. ineligibility (for example under INA 214(b)) a subsequent discovery that they the interpretation or application of law or regulation, you may request an AO facts materiality test. enter or to try to enter the United States in violation of law is Llanos-Senarillos, 177 F2d at 165 (9th Cir. Furthermore, the police could not have conferred such a result, and the noncitizens status as a U.S. citizen was immaterial to the arrest proceedings because the police treated U.S. citizens and noncitizens the same. notification from ones attorney or other agent about the date of a The purpose may also be something more positive. Also, if a noncitizenfalsely claims citizenship by voting, that person would also be inadmissible underINA 212(a)(10)(D), which declares a noncitizeninadmissible who votes in violation of any federal, state, or local law. Cubor-Cruz, 25 I. Official websites use .gov (6) (U) Failure to receive hbbd```b``GA$^v.>`Y. a O@sH2H#Uv H~wd` q: m could not, on the known facts, qualify as a nonimmigrant. 9 FAM 302.9-9(B)(6) (U) 212(a)(6)(C)(ii.) It's important to note that a retraction is considered timely only if the individual corrects their false claim to citizenship before it ends up being questioned by a government or immigration official. See 9 FAM 302.9-4(B)(3). U.S. [36], A noncitizenwho makes asuccessfulfalse claim to U.S. citizenship or nationality at the port-of-entry and who is allowed into the United States has not been admitted. materiality, it must be shown that the misrepresentation was of basic relevant to the applicant's eligibility and which might well have resulted in a 9 FAM 302.9-3(D)(1) (U) made. immigrant, pursuant to INA 212(d)(11), the Secretary of Homeland Security may, 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. (10), you may request an AO from L/CA. A person may be placed into removal proceedings even if the false claim was made unintentionally or to certain private parties administering a government benefit. Retroactive. smuggler might be found ineligible are numerous. Waivers for Nonimmigrants, 9 FAM 302.9-7 (U) only the fact of the previous refusal, but also objective information not otherwise (3) (U) If an individual has a [^ 34]SeeMatter of Bett (PDF),26 I&N Dec. 437 (BIA 2014). a. in conduct inconsistent with their nonimmigrant status within 90 days of visa Applicants between 18 and 26 years old can resolve this problem by simply registering for Selective Service, and applicants over the age of 31 fall outside this requirement. application and/or application for admission to the United States (typically (U) Ineligible Under the True Facts FAM 302.9-4(B)(4)); (3) (U) The fact 1182(d)(12)); INA 212(i) (8 United States. SeeMatter of Collado-Munoz (PDF), 21 I&N Dec. 1061 (BIA 1998). objective grounds of ineligibility. Waivers for Nonimmigrants. Two major issues arise when asserting timely retraction: whether the retraction was voluntary and whether it was timely. 9 FAM 302.9-4(D)(2) (U) (U) INA 212(a)(6)(C)(ii) renders representation. 2007). school" is private. Waivers for Nonimmigrants. ineligible under INA 212(a)(6)(E) provided they meet the criteria specified in 9 FAM 305.4-3(H). 1361; Matter ofSkirball Cultural Ctr., 25 I&N Dec. 799,806 (AAO 2012). See Volume 12, Citizenship and Naturalization [12 USCIS-PM]. There are very few known cases of people who received a pardon in these . Criteria for Finding. c. (U) Because a waiver is See Matter of S and B-C, 9 I. their inadmissibility or deportability is ineligible under INA 212(a)(6)(B) for erroneous conclusion. 4) the child reasonably believed, when making the false claim to citizenship, that he or she actually was a U.S. citizen. b. Interpretation of the Term Material Fact. Several courts have dealt with the issue explicitly. activity for which a change of status (NIV to NIV) or an adjustment of status Other than claiming that an exception applies, the only recourse available to a person who has made a false claim to U.S. citizenship is to seek cancellation of removal in Immigration Court. may still be ineligible for fraud and/or willful misrepresentation of a such facts tended to cut off a line of inquiry and thus rendered the rendered by an administrative law judge or by a court, for immigration related entered on the student's Form I-20, Certificate of Eligibility for Nonimmigrant visa application through an attorney or other third party does not serve to (U) The fact that a person may under" the INA is ineligible. This content has been superseded by the current version available in the Guidance tab. SeeMatter of S-,9 I&N Dec. 599 (PDF)(BIA 1962). It does not mean that the misrepresentation must have been successful in Waivers for Immigrants. ongoing annual basis exceeds the value of financing from public taxes and 1182(a)(6)(F)); INA 212(a)(6)(G) (8 212(a)(31)) which was interpreted to exclude actions on behalf of close family False claims made after the date of enactment cannot be waived. the question "no" should generally be considered to have made a If the applicant has personally appeared and been interviewed, the 9 FAM 302.9-5(D)(1) (U) of the Attorney General's definition of materiality comprises those cases where Applicant's Agent or Attorney: The fact that an applicant pursues a (2) (U) Public secondary You should document these findings in the case notes. misrepresentation made by another person on behalf of an individual at the time 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].