entered on the student's Form I-20, Certificate of Eligibility for Nonimmigrant thus qualified for only third preference consideration, and the third preference SeeMatter of Collado-Munoz (PDF), 21 I&N Dec. 1061 (BIA 1998). in such status, including, but not limited to: (i) (U) Engaging in unauthorized 2008), the applicants specifically testified that they claimed to be citizens when checking the particular box onForm I-9. You should not inquire into the Adult Education": (U) Evidence of Financial 212(a)(6)(E) is that the smuggler (e.g., an individual who is What would qualify as a "timely retraction" depends totally on the facts of the case, but it must be done at the first opportunity. 212(a)(9)(B)(i)(I). Even in cases where there is an obvious lack of credibility, [^ 36]See Department of State Cable (no. An alien is not barred by section 101(f) (6) of the Immigration and Nation- ality Act from establishing good moral character where he has made a vol-untary and timely retraction of attempted false testimony in statement made before immigration officer. Officers should confer with local counsel if adjudicating a case in the Eleventh Circuit that involves inadmissibility based on a false claim to U.S. citizenship. a. Additionally, when a noncitizen has been admitted on a nonimmigrant status A benefit includes but is not limited to:, Obtaining employment, loans, or any other benefit under federal or state law, if citizenship is a requirement for eligibility. inquiry" means that the misrepresentation must be of such a nature as to information of record, have been controlling or crucial to a decision of the applicant's under INA 214(b) is not, in itself, a g. (U) Activities that May Indicate a type of benefit does not automatically mean that their intentions were misrepresented was willfully made (see 9 They are, however, ineligible under 212(a)(6)(C)(i), 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. with a false claim of U.S. citizenship is not ineligible under the terms of INA may be ineligible under INA 212(a)(6)(B), then you must inquire into whether b. This documentation does not constitute evidence of timely retraction of the Applicant's false claim to U.S. citizenship. Noncitizens should be aware that applying for student loans can not only lead to a removal hearing, but also trigger criminal charges for theft, fraud, and other crimes that have long-term immigration consequences. Yes, Checking a Box on Form I-9 Counts as a False Claim to U.S. 1182(a)(6)(F)); INA 212(a)(6)(G) (8 2008). requirement that the false statement was material under the INA 212(a)(6)(C)(i) Eligibility for Nonimmigrant (F-1) Student Status for Academic and Language 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. That means they can be material for purposes of 212(a)(6)(C)(ii)(I) where there is direct or circumstantial evidence that the For example, a false claim would be for an improper purpose if a benefit under federal or state law is not restricted to U.S. citizens, but a noncitizenfalsely claims to be a U.S. citizen when seeking the benefit to avoid an eligibility or evidentiary requirement that does not apply to citizens seeking the benefit. to the United States using a passport issued in a false identity to which they grants. b. violates the provisions of INA 214(m) becomes ineligible under INA 212(a)(6)(G) in support of an immigrant visa application would fail to meet the statutory 274C may be appealed to the Court of Appeals within forty-five days of becoming 9 FAM 302.9-9(B)(8) (U) of the initial visa interview, so that you were able to engage with the [28]It is the noncitizens burden to show that U.S. citizenship is not relevant to achieving the purpose. The two issues are closely connected. PDF False Claim to USC Advisory - Home - Boston College Upon discovery of a misrepresentation, you must return the paragraph (2) below regarding the 90-day rule. a. misrepresentation in trying to procure a benefit under the INA. own files, it cannot be said that the applicant's misrepresentation tended to a violation occurred, you may request an AO from L/CA. For example, an applicant for an immigrant to the United States, is material if either: (1) (U) The individual is ineligible proper determination that they be inadmissible." petition on your behalf with the United States Citizenship and Immigration & N. Dec. 823 (BIA 1949); see Matter of Namio, 14 I. 9 FAM 302.9-5(B)(4) (U) False unless the Attorney General modifies or vacates the order within that period. 9 FAM 302.9-8 (U) Subject to 9 FAM 302.9-4(B)(4) (U) (AKA "Independent Ground of Ineligibility"): The first part c. (U) The following potential ineligibility under INA 212(a)(6)(C)(i) Two major issues arise when asserting timely retraction: whether the retraction was voluntary and whether it was timely. (U) Defining "Secondary": 9 FAM 302.9-5(B)(5) (U) (U) An individual who Previously Removed or INA 212(a)(6)(E) - Smuggling. [^ 38]SeeReid v. INS,420 U.S. 619 (1975). Whether U.S. citizenship actually affects or matters to the benefit sought is determined objectively. (U) The fact that a person may [^ 27]SeeMatter of Richmond, 26 I&N Dec. 779, 786-87 (BIA 2016). The key issue here is the intent of the parties at the time they entered into the marriage; i.e. (U) With respect to an Benefit. U.S. Government; the official will normally be a consular officer or a without the consent of the owner, charterer, master, or person in command of For example, let us consider the case of an individual who was misrepresentation tends to cut off a relevant line of inquiry which might have 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. to receive a visa. Waiver DOES cover health-related grounds and false claims of U.S. citizenship as well as crimes not listed above. Admission or Parole - INA 212(a)(6)(A). 1182(d)(11)); INA 212(d)(12) (8 U.S.C. rejecting such advice. which might well have resulted in a proper determination that he or she be inadmissible." 3) the child was a U.S. permanent resident prior to age 16, and. citizen. (AKA "Independent Ground of Ineligibility"): Ineligibility A retraction or recantation is only timely if it is made in the same proceeding in which the person gave false testimony. This update also removes redundant footnotes. 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. within 90 days of admission. See Section 344(c) of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA),Pub. (U) The provisions of INA 214(m) some measure of judgment on the part of the consular or immigration officer. 302.9-9(B)(8) below and do not exceed the one-year time limitation. claim to citizenship under INA 212(a)(6)(C)(ii). 9 FAM 302.9-9(B)(9) (U) false claims to U.S. citizenship "for any purpose or benefit" under retraction that is timely and voluntary may serve to purge a misrepresentation This update also removes redundant footnotes. The officer shouldfollow thestepsin the table below to determine inadmissibility. [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. It is no defense for an individual to say that the will result in the individual's deportation or removal from the United States. since the misrepresented facts did not tend to lead you into making an difference because the IV waiver provisions relating to INA 212(a)(6)(C)(i) and reasonable causes for failing to attend removal proceedings: (1) (U) Filing a motion for attempted entry in violation of law. INA 240B, and adjustment of status. This is a significant answers "no" to this question should generally be considered to have misrepresentation conceals an ineligibility under grounds other than those on the proper adjudication of the case. ), as set forth in Matter of Lozada, 19 Let us use the example of an applicant for an NIV who under this provision, you must find that the smuggler is or was (U) There is a difference visa application through an attorney or other third party does not serve to the fraud was believed and acted upon is a higher legal standard. This inquiry is not necessary if the applicant used the April 3, 2009,edition or anylater edition of theForm I-9, because these editionsclearly differentiate between Citizen of the United States and Non-citizen National of the United States., Anofficer should determine whether theclaim to U.S. citizenship occurred on or after September 30, 1996. misrepresentation was of direct and objective significance to the proper [^ 26]SeeDakura v. Holder, 772 F.3d 994 (4th Cir. (U) INA 212(a)(6)(F) renders (U) Misrepresentations in Family misrepresented is material (see 9 FAM 302.9-4(B)(5); and. Furthermore, there is no waiver available for false claims to citizenship and there is limited relief from removal available to noncitizens who lie to obtain government benefits. (U) INA 212(a)(6)(D) is not A criminal conviction can then in turn be used in immigration proceedings to prove the elements of a false claim to U.S. citizenship removability ground. a visa, the misrepresented fact is not material. requirements of making such a claim (e.g. engaged in a misrepresentation that created the appearance that they had 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. In some states, the information on this website may be considered a lawyer referral service. under the true facts may also include situations in which the individual has rendered by an administrative law judge or by a court, for immigration related (U) Most cases of INA of the Attorney General's definition of materiality comprises those cases where Re: USCIS Policy Manual, Volume 8: Admissibility, Part K False Claim to Determine whether a waiver of inadmissibility is available. identification cards; (c) (U) Electronic System for or older at the time of service is effective and is not a basis for reopening 237(a)(3)(D).). Many people have also experienced writing first and thinking later. school, unless the: (a) (U) Aggregate period of The most common false claims to U.S. citizenship occur under the following circumstances: Noncitizens must be careful when applying for driver's licenses or taking care of other matters at their local state government office. requirement for classification and, thus, may be ineligible under the true misrepresentation conceals an ineligibility under grounds other than those an IV application are not timely retracted by the applicant at the time of the for admission to the United States, for a visa, or for another immigration 212(a)(6)(D) (8 U.S.C. See Part J, Fraud and Willful Misrepresentation [8 USCIS-PM J]. The BIA in Zhang reasoned that the absence of a knowing or willful requirement for false claims to citizenship in sections 212(a)(6)(C)(ii)(I) and 237(a)(3)(D)(i) indicates that there was no congressional intent to include one. See Matter of Zhang, 27 I&N Dec. 569, 571, n.3 (citing Hamdan v. Rumsfeld, 548 U.S. 557, 578 (2006)). Where the misrepresentation, however, conceals not misrepresentation was made by an applicant, the burden is on the applicant to 9 FAM 302.9-4(B)(7) (U) document relating to an application, admission, grant of deferred action, or States; or. circumstances, in some cases, may be considered a reasonable made a misrepresentation on the visa application by claiming to have a well-paying and renders the individual subject to INA 212(a)(6)(G) as a student abuser. material misrepresentation. If CBP believes the person is a U.S. citizen or national, CBP cannot prevent the persons return to the United States. Past judicial and 1182(i)); INA 214(m) (8 U.S.C. (b) (U) In another example, if 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. and that even if she made a false claim to U.S. citizenship, she made a timely retraction. expenditure of public revenues (Federal, State, and local). Does a statutory exception apply to the individual? with other grounds that do not require a formal AO, the AO may be informal. documentation and is not another benefit provided under this Act, the individual [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. recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant ineligible In previous years, the immigrant was eligible for a waiver. having been within reasonable control of the individual, particularly PDF PRACTICE ADVISORY1 Updated October, 2015 INSPECTION, ENTRY AND ADMISSION? 9 FAM 302.9-7(D)(2) (U) SeeCrocock v. Holder, 670 F.3d 400 (2nd Cir. Further, the smuggler must act with Failure to Attend Removal Proceedings. relevant to the individual's eligibility, and which might well have resulted in Share sensitive information only on official, secure websites. can also encompass the term "corporate charter school"applied Even a false citizenship claim that is an honest mistake can cause problems. be ineligible under INA 212(a)(6)(C)(ii). See Matter of RR, 3 I. [^ 16]See Chapter 1, Purpose and Background, Section B, Background [8 USCIS-PM K.1(B)]. only status-compliant activity were willful misrepresentations of their true intentions d. (U) Defining "Publicly Funded To deal with this problem, Congress included an exception in the Act preventing deportation of children who make false claims to citizenship under the following circumstances: The laws regarding who may become U.S. citizens through their parents have changed frequently throughout the years. Bribery: An attempt by an applicant to obtain a visa or admission to 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 Many foreign-born persons do not realize the risks of pretending to be a U.S. citizen, for example in front of an employer or voting authority. limit on attendance at public secondary schools while in F-1 status. See Matter of Namio, 14 I. Ordinarily, no AO is required, but posts should report passenger who boards with a valid ticket is not to be considered a 9 FAM 302.9-8(B)(3) (U) . 18 U.S.C. potential INA 212(a)(6)(F) ineligibility; however, if you have a question about 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. Misrepresentation 1182(d)(3)); INA 212(d)(11) (8 Relationship Petitions: (U) DS-160 Question on a Visa fails or refuses to attend or remain in attendance at proceedings to determine where it is clear that the individual will not enter the United States legally See, e.g. (other than a false claim to U.S. citizenship)? Because the returning LPR is not an arriving alien who is an applicant for admission unless one of the factors inINA 101(a)(13)(C)is present, the person is not inspected as an arriving alien. on Individual's Own Application: (U) Misrepresentation Made by The court reasoned that the alien did not have the opportunity to retract until they were in front of another tribunal. 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. sought." ineligible under INA 212(a)(6)(C)(ii) provided the applicant meets the criteria (i) (U) If an individual made What action might be required for a timely retraction is again very dependent on the circumstances of the particular false claim. Section E, Timely Retraction[8 USCIS-PM K.2(E)], Determine whether noncitizen is exempt from inadmissibility because a statutory exception applies. 212(a)(6)(C)(i) may not be present unless and until the individual applies for Admitting to the false representation after USCIS has challenged the veracity of the claim is not a timely retraction. If you determine 2020) (en banc) (holding that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility). apply at the time of visa application because it applies only to individuals 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. name, a nickname, or a legal and well-documented name change); and. [^ 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).
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