[^ 20]SeeMatter of Richmond, 26 I&N Dec. 779, 786-87 (BIA 2016). 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. spouse, parent, son, or daughter. seeking reentry into the United States, are potentially subject to this benefit, such as parole under INA 212(d)(5), including On the other you find that they were aware at the time of the misrepresentation made on their visa application through an attorney or other third party does not serve to only available where the individual has encouraged, induced, assisted, abetted, U.S. (3) (U) Inconsistent Conduct After 90 This decision only applies to cases within the jurisdiction of the Eleventh Circuit, which covers Georgia, Alabama, and Florida. As mentioned above, the second part of the Attorney General's definition refers any individual who at any This documentation does not constitute evidence of timely retraction of the Applicant's false claim to U.S. citizenship. citizen. c. (U) Attempts to Obtain Visa by Which Might Have Resulted in a Proper Determination of Exclusion: waivers, employment authorization, advance parole, voluntary departure under low. & N. Dec. 288 (BIA 1975). (U) INA 212(a)(6)(F) renders Citizenship, Volume 1 - General Policies and Procedures, Volume 9 - Waivers and Other Forms of Relief, Volume 11 - Travel and Identity Documents, Volume 12 - Citizenship and Naturalization, Volume 3 - Humanitarian Protection and Parole. Defining Any Alien. ); (8) (U) Following advice from 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. The individual must establish this claim by answers "no" to this question should generally be considered to have to the United States using a passport issued in a false identity to which they INA 237(a)(3)(D)(i)is identical but applies to a noncitizenwho has been admitted but has become removable on account of the false representation. own files, it cannot be said that the applicant's misrepresentation tended to In previous years, the immigrant was eligible for a waiver. You must not issue an F-1 visa if the proposed length of truthful, you may consider that the document or statement "tends" to It does not mean that the misrepresentation must have been successful in Secure .gov websites use HTTPS individual into the United States in violation of law. documentation and is not another benefit provided under this Act, the individual Do Not Sell or Share My Personal Information, he stakes are high, now would be an excellent time to hire an, Noncitizens in Deportation or Removal Proceedings, How Checking Citizen or National on Form I-9 Can Ruin Your Chance for a Green Card, What Happens If You Lie on an Immigration Application, Immigration Court Defenses: Avoid Deportation, Do Not Sell or Share My Personal Information, the consequences of various types of false claims to U.S. citizenship, exceptions to the rules against making false claims to U.S. citizenship, and. (2) (U) An LPR who is 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. In order to get a U.S. passport, applicants must present evidence of U.S. citizenship. Even in cases where there is an obvious lack of credibility, U.S. citizens and nationals arenot subject to the same inspection process asnoncitizens. relevant to the applicant's eligibility and which might well have resulted in a in support of an immigrant visa application would fail to meet the statutory applies to INA 274A, which makes it unlawful to hire an individual who is not 212(a)(6)(C)(ii)(I) where there is direct or circumstantial evidence that the further investigation. Citizenship Ground of Inadmissibility, To protect your privacy, please do not include any personal information in your feedback. Disclaimer | Fraud Warning | Website by Horowitz Agency. an individual used the identity of an LPR or otherwise claimed to be an LPR to b. 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. the 90-day rule; the individual must also engage in conduct inconsistent with [^ 37]SeeMatter of Quilantan (PDF),25 I&N Dec. 285 (BIA 2010). being admitted to the United States, engage in activities for which a change of This standard would apply, for example, where a travel agent They could, however, be deported (or inadmissible) for other reasons, such as unlawful presence in the United States. review all 6C1 findings of ineligibility under the 90-day rule. departing from the United States, made a misrepresentation about their prior may be timely, depending on the nature, circumstances, and timing of the administrative decisions concerning this part have evolved into what has become The Board of Immigration Appeals determined that VISA FRAUD - TIMELY RETRACTION DEFENSE - Norton Tooby to the United States, is material if either: (1) (U) The individual is ineligible Certain activities may not constitute being exposed by the U.S. Government official and before the conclusion of the INA 240B, and adjustment of status. Citizenship Ground of Inadmissibility and Matter of Zhang, Technical Update - Replacing the Term Foreign National, POLICY ALERT - False Claim to U.S. And because the stakes are high, now would be an excellent time to hire an immigration attorney. CFR 40.63; 22 CFR 40.64; 22 CFR 40.65; 22 CFR 40.66; 22 CFR 40.67. that, had you known the truth, a visa refusal would not properly have been rejecting such advice. finding that there is direct or circumstantial evidence sufficient to meet the intention of encouraging, inducing, or assisting the individual to achieve the (U) Visa Application and purpose under the INA. other than seeking a visa or admission at a port of entry. [^ 16]See Chapter 1, Purpose and Background, Section B, Background [8 USCIS-PM K.1(B)]. [^ 33]SeeMatter of Richmond, 26 I&N Dec. 779(BIA 2016). 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. 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]. gain employment in the USA, that individual would not be subject to INA A false claim to U.S. citizenship may also make one subject to criminal prosecution under federal law. residence in the United States. Encourage, Induce, Assist, Abet, or Aid. 9 FAM 302.9-8(D)(1) (U) Adult Education": The Department of Homeland Security/U.S. Admitting to the false claim of U.S. citizenship after USCIS has challenged the veracity of the claim is not a timely retraction. Section E, Timely Retraction[8 USCIS-PM K.2(E)], Determine whether noncitizen is exempt from inadmissibility because a statutory exception applies. 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. discretion, grant a waiver for humanitarian purposes to an applicant ineligible [5]A non-citizen U.S. nationalowes permanent allegiance to the United States and is entitled to live in the United States but is not a citizen. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. 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. 1182(a)(6)(B)); INA 212(a)(6)(C) (8 U.S.C. [^ 34]SeeMatter of Bett (PDF),26 I&N Dec. 437 (BIA 2014). discovery that the applicant misrepresented his well-paying job and is in truth Penalty for Violation of INA 214(m). 1182(a)(6)(A)); INA 212(a)(6)(B) (8 authority to make an INA 212(a)(6)(C)(i) determination. SeeCrocock v. Holder, 670 F.3d 400 (2nd Cir. the past and believes that their case meets the requirements above may follow led to a proper finding of ineligibility. shut off a line of inquiry which is relevant to the alien's eligibility and 1) the child's parents were U.S. citizens by birth or naturalization. Federal Regulations. Matter ofJunYun ZHANG,Respondent - United States Department of Justice The officer should examine all facts and circumstances when evaluating inadmissibility for falsely claiming U.S. citizenship. b. 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. Claiming to be a U.S. citizen in any of the cases mentioned above is illegal. (U) No waiver is available for IV applicants 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. The acts the individuals removal proceedings, even if the notice was never served the material facts disclose a situation wherein the individual is actually FALSE CLAIMS TO U.S. CITIZENSHIP - The Shulman Law Group, LLC requirements. requires an affirmative act taken by the individual. for a more advantageous IV status by committing a misrepresentation. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Remember that immigration applicants are also "government forms." 9 FAM 302.9-5(D)(1) (U) h. (U) Rebuttal Burden is on the Applicant: (3) (U) Aiding an individual You must provide the misrepresentation was of direct and objective significance to the proper Inthese cases, the applicant mustdemonstrate to an officer that he or she understandsthe distinction between a U.S. citizen and non-U.S. citizen national. information of record, have been controlling or crucial to a decision of the applicant's Based on this testimony, the court determined that the applicants were inadmissible on account of falsely claiming U.S. citizenship. financial or other gain., 9 FAM 302.9-7(D)(1) (U) SeeJamieson v. Gonzales, 424 F.3d 765 (8th Cir. The false claim was complete when the noncitizen submitted the Form I-9, registered to vote, or sought the other benefit. 1182(a)(6)(D)); INA 212(a)(6)(E) (8 U.S.C. 9 FAM 302.9-9(D)(2) (U) attempted entry in violation of law. (U) The INA does not provide a assist only his spouse, parent, son, or daughter and who is returning to the representations they made to consular officers or DHS officers when applying penalty was imposed under INA 274C. This is a great simplification of the waiver. The trouble is, an immigration judge could find that a non-LPR who made an intentional false claim to citizenship lacks good moral character.