made a misrepresentation. from public to private secondary school only if they reimburse the school as
Twelve-Month Limit on School Attendance. you. A
Determine whether noncitizen timely retracted the false claim to U.S. citizenship. unemployed would not support a finding of materiality because it had no bearing
b. misrepresentation. any individual who at any
misrepresentation was made by an applicant, the burden is on the applicant to
212(d)(11) is only available to IV applicants in the following categories: (1) (U) Immediate relatives
9 FAM 302.9-9(B)(7) (U)
visa is required to furnish a record of birth under INA 222(b) and 22 CFR 42.65(b). However, the other elements of an ineligibility finding under INA
2020) (en banc) (holding that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility). 212(a)(6)(C)(i). the 90-day rule; the individual must also engage in conduct inconsistent with
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. Defining Any Alien. must have been believed and acted upon by a consular officer or other U.S.
(This provision of the law can be found in the Immigration and Nationality Act at I.N.A.
9 Fam 302.9 (U) Ineligibility Based on Illegal Entry, Misrepresentation ineligible for a visa and inadmissible to the United States. timely if it is made at the first opportunity and before the conclusion of the
provided such claim was made to procure a visa, other documentation, admission
15 See 9 FAM 302.9-4(B)(6). institution in F-1 status and then switches to a public school in violation of
engaged in a misrepresentation that created the appearance that they had
A false claim to U.S. citizenship may also make one subject to criminal prosecution under federal law. of Applicability. respect to entitlement to the classification based on the relationship, e.g., a
A
the failure to volunteer information does not in itself constitute a false
They are, however, ineligible under 212(a)(6)(C)(i),
To learn whether you are eligible for cancellation of removal or can take other steps to defend against a charge of falsely claiming to be a U.S. citizen, see Nolo's section Immigration Court Defenses: Avoid Deportation. a. (2) (U) Tends Defined:
9 FAM 302.9-9(B)(9) (U)
(b) (U) In another example, if
Timely Retraction Timely retraction = misrepresentation eliminated as if it never happened . (U) There is a difference
Everyone knows what it is like to speak first and think later. In order to qualify for this type of relief, however, a showing of good moral character is required for non-permanent residents (non-LPRs).
Matter ofJunYun ZHANG,Respondent - United States Department of Justice establishing this affirmative defense by the appropriate standard of proof (clearly
If the information became known after the
d. (U) There is no minimum age
(U) The provisions of INA 214(m)
refused a visa would not be considered material unless the misrepresentation
It may also constitute a cause for failing to attend or remain in attendance at removal
Participation in Language Programs. passed meaning the individual was no longer ineligible under INA
standard post application procedures for submitting a new visa application. Applicant's Agent or Attorney: (U) Activities that May Indicate a
9 FAM 302.9-8(B)(3) (U)
(2) (U) Physically bringing an
[^ 13]INA 212(a)(6)(C)(ii)(I)makes a noncitizensubject to removal as inadmissible. Relationship Petitions: USCIS retains exclusive authority to deny or
In Patel v. U.S. Att'y Gen., 971 F.3d 1258, 1272 (11th Cir. Upon discovery of a misrepresentation, you must return the
e. (U) Misrepresentation Made by
executed a visa application on an applicant's behalf. U.S. (It is typically better not to apply for immigration benefits than to make a misrepresentation on an immigration application, as described in What Happens If You Lie on an Immigration Application.). 212(a)(6)(C)(ii) and INA 212(a)(6)(C)(i) is that 212(a)(6)(C)(ii) applies to
hand, a "willful misrepresentation" does not require either an intent
employment activities when make a 6C1 finding under the 90-day rule. [^ 16]See Chapter 1, Purpose and Background, Section B, Background [8 USCIS-PM K.1(B)]. 212(a)(6)(C)(i) may not be present unless and until the individual applies for
some legitimate entitlement. who are either present or arriving in the United States. 1182(i)); INA 214(m) (8 U.S.C. requirement that the false statement was material under the INA 212(a)(6)(C)(i)
In one case, four years lapsed between the asylum interview where the lie was told and the first court hearing where the lie was admitted to. Like INA
Questions sometimes arise concerning the effect on INA 212(a)(6)(C)(i) ineligibility of a false document presented in
9 FAM 302.9-9(D)(1) (U)
the individual was ineligible for ESTA under the true facts. 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. Which Might Have Resulted in a Proper Determination of Exclusion: (U) Misrepresentations in Family
to receive a visa under INA 212(a)(6)(F). (BIA Dec. 30, 2013). petition is revoked, the materiality of the misrepresentation is established. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. verbally presenting the applicant with your factual findings as to why you
a. False claims to U.S. citizenship were not always Aunwaivable@. misrepresentation material. Timely retraction means taking a voluntary action, not under threat of discovery or punishment, with the intent to correct the misrepresentation. visa application, admission to the United States, or in a filing for another
Waivers for Nonimmigrants. 9 FAM 302.9-5 (U) Falsely
[^ 19]SeeMatter 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). 9 FAM 302.9-2(B) (U) Application (CT:VISA-1358; 09-10-2021) (U) INA 212(a)(6)(A)(i) does not apply at the time of visa application because it applies only to individuals who are either present or arriving in the United States. A false claim to citizenship, even one that cannot now be cured by . depending upon the facts of the individual case, that an individual who is the
suspicion and is akin to probable cause. entry in violation of law. an IV application are not timely retracted by the applicant at the time of the
See 9 FAM 302.9-4(B)(1) above. In
the AO, describe the form submitted to DHS by the visa applicant and the nature
& N. Dec. 118 (BIA 1960); Matter of RSJ, 22 I. U.S. Government; the official will normally be a consular officer or a
1541-46. misrepresentation was of direct and objective significance to the proper
The fact that a noncitizenmarked Yeson an earlier edition of the Employment Eligibility Verificationdoes not necessarily subject the noncitizen to inadmissibility for falsely claiming U.S. citizenship,because theearlier edition of the form did not distinguish a claim ofnationalityfrom a claim of citizenship.[10], An affirmative answer to this question does not, by itself, provide sufficient evidence that would permit a reasonable person to find the noncitizen falsely represented U.S. citizenship because of the questions ambiguity. 1541-46. may be timely, depending on the nature, circumstances, and timing of the
where it is clear that the individual will not enter the United States legally
status unless the student has reimbursed the school as noted in 9 FAM 302.9-9(B)(8) below. The individual claiming
Federal Regulations. five years following their departure or removal from the United States. of ineligibility. This technical update replaces all instances of the term alien with noncitizen or other appropriate terms throughout the Policy Manual where possible, 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]. [22]It is the noncitizens burden to show that U.S. citizenship is not relevant to obtaining the benefit. The Board of Immigration Appeals determined that
school, unless the: (a) (U) Aggregate period of
Penalties for Document Fraud provides for civil penalties for
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not apply to individuals attending public schools or programs while in other
Admitting to the false claim of U.S. citizenship after USCIS has challenged the veracity of the claim is not a timely retraction. [^ 20]SeeMatter of Richmond, 26 I&N Dec. 779, 786-87 (BIA 2016). 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. Fraud Branch (DS/CR/CFI). under" the INA is ineligible. benefit under the INA (provided such claim was made before a U.S. Government
It does not apply to schools such as community
", 9 FAM 302.9-6(B)(2) (U)
9 FAM 302.9-5(B)(4) (U) False
Must Act Knowingly. Section D, Purpose or Benefit under INA or Any State or Federal Law[8 USCIS-PM K.2(D)]. The History tab was added to the USCIS Policy Manual on June 11, 2021, and provides historical versions on and after that date. visa application or application for admission, you should apply a traditional
material fact under the following conditions: (1) (U) If the form was
being exposed by the U.S. Government official and before the conclusion of the
You must refer cases that appear to be deliberate attempts to
Specifically, false claims to United States citizenship made for any purpose or benefit under the Act or any Federal or State law, a frivolous application for asylum and entering into a sham marriage in order to evade immigration laws are not waivable. facts. 9 FAM 302.9-8 (U) Subject to
whether a misrepresentation has been made, it is necessary to distinguish
(U) INA 212(a)(6)(D) is not
hXn6}IEYd#\2$%M3bCc&9gds #\ys !D*}@QkF 30:hqo2=TD> finding that there is direct or circumstantial evidence sufficient to meet the
(U) The conduct which is
the automatic operation of law. (U) Differentiation Between
1182(d)(12)); INA 212(i) (8
endstream
endobj
startxref
Transferring Schools. principal beneficiary of a petition, even when named in the petition, would not
potential INA 212(a)(6)(F) ineligibility; however, if you have a question about
Possible Violation of Status or Conduct Inconsistent with Status. The doctrine is of long standing and ameliorates what would otherwise be an unduly harsh result for some individuals, who, despite a momentary lapse, are generally honest and are seeking to correct their mistake. assistance of counsel (such as receiving advice from an attorney not to attend
The claim to U.S. citizenship is in the "fine print" of the form. Remember that immigration applicants are also "government forms." 9 FAM 302.9-4(B)(7) (U)
[^ 30]SeeMatter of Pinzon (PDF), 26 I&N Dec. 189 (BIA 2013). demonstrates that they were in Federal or State custody and the failure to
attendance at, a hearing to determine inadmissibility or deportability is
See Volume 7, Adjustment of Status, Part B, 245(a) Adjustment, Chapter 2, Eligibility Requirements, Section A, Inspected and Admitted or Inspected and Paroled [7 USCIS-PM B.2(A)(2)]. may be ineligible under INA 212(a)(6)(B), then you must inquire into whether
For example, disclosing in an adjustment application that one falsely claimed to be a citizen in completing aForm I-9, registering to vote, or seeking any other benefit would not be a timely retraction. of a false claim to citizenship. prohibit an individual's participation in any publicly funded language program. 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]. volunteer information. Misrepresentations made in order to obtain an immigration benefit make a non-citizen subject to inadmissibility or removal. misrepresentation is now directly relevant to the current visa case. 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. if: (1) (U) Each parent is or was
To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. INA 212(a)(6)(C)(ii) specifically says "under this Act (including section
of the Attorney General's definition of materiality comprises those cases where
citizenship. reimbursement has been made. (U) INA 212(a)(6)(E) provides that
Review our. That means they can be material for purposes of
Looking for U.S. government information and services? c. (U) Because a waiver is
(ii) (U) Misrepresentations
This update also removes redundant footnotes. b. SeeRodriguez v. Mukasey, 519 F.3d 773 (8th Cir. 274C (8 U.S.C. 2012). Relationship Petitions: (U) DS-160 Question on a Visa
The court held that was a timely retraction. 9 FAM 302.9-7(B)(3) (U) Individual
2004),Matter of Oduor, 2005 WL 1104203 (BIA 2005), and Matter of Soriano-Salas, 2007 WL 2074526 (BIA, June 5, 2007), for example, the evidence showed that the applicant had no idea what it meant to be a non-citizen national and that the applicant intended to claim that the applicant was a citizen. In these proceedings, it is the Applicant's burden to establish eligibility for the requested benefit. 9 FAM 302.9-3(D)(2) (U)
to perpetrate fraud on the U.S. Government and will result in ineligibility
requirement for classification and, thus, may be ineligible under the true
(NIV to IV) would be required, without the benefit of such a change or
In all cases in which you become aware that the applicant made a
citizenship to avoid removal proceedings would also qualify as a
9 FAM 302.9-9(B)(6) (U)
under INA 212(a)(6)(C)(ii) for an individual who falsely claimed citizenship
ineligible under INA 212(a)(6)(C)(i) provided the applicant meets the criteria
between making a false claim to U.S. citizenship and simply failing to
This standard would apply,
have been a stowaway in the past does not in itself make the person ineligible
(4) (U) Married sons and
in the United States who have performed activities that are inconsistent with
grants. For example, if you file an application to adjust status to permanent resident, at your interview the U.S. If you will not be able to honestly say that you have never made such a false claim, consult an immigration attorney. For example, let us consider the case of an individual who was
Secure .gov websites use HTTPS a visa, the misrepresented fact is not material. a. when they were younger than 14 years of age. (i.e., filed an immigrant petition on their own behalf), such as an individual
determining that an individual had the intent to deceive an officer and that
personal interview and the retraction must be voluntarily made during that
interview. specific retraction. In Patel v. U.S. Att'y Gen., 971 F.3d 1258, 1272 (11th Cir. Interpretation of the Terms Other Documentation and Other
is responsible for determining what amount constitutes the "unsubsidized
(3) (U) If an individual has a
c. (U) Attempts to Obtain Visa by
Adult Education": (U) Evidence of Financial
the child reasonably believed, when making the false claim to citizenship, that they were actually a U.S. citizen. but which, in the case of the document, is so poorly crafted, or in the case of
of financial reimbursement under INA 221(g). [^ 11]SeeU.S. v. Karaouni, 379 F.3d 139 (9th Cir. facts materiality test. 9 FAM 302.9-4(B)(2) (U)
representation of a material fact with knowledge of its falsity and with the
per 9 FAM 302.9-5(B)(4) below. any vessel or aircraft through concealment aboard such vessel or aircraft. You should not inquire into the
application or admission to the United States, as described in subparagraph
A retraction can be voluntary and timely if made in response to an officers question during which the officer gives the applicant a chance to explain or correct a potential misrepresentation. waiver of INA 212(a)(6)(B) for IV applicants. This decision only applies to cases within the jurisdiction of the Eleventh Circuit, which covers Georgia, Alabama, and Florida. (U) The responsibility for documenting
some measure of judgment on the part of the consular or immigration officer. the applicant made a misrepresentation related to some benefit under the INA
ineligible under INA 212(a)(6)(E)(including before June 1, 1991) may currently
Federal loans, as well as some state and private loans, require U.S. citizenship as a condition of eligibility. enter or to try to enter the United States in violation of law is
e.g., L/CA, the Office of Fraud Prevention Programs (CA/FPP), and the Visa
9 FAM 302.9-2 (U) Present Without
available to you through consular systems, or through reference to the post's
(3) (U) Where you believe that
(For example, an applicant who is an
& N. Dec. 470 (B.I.A. to accept the employment, or. If the misrepresentation has been noted in a visa application that was not
c. (U) Defining "Public":
9 FAM 302.9-5(B)(5) (U)
Regulatory AuthoritY, 9 FAM 302.9-1(A) (U)
be granted provided: (1) (U) The individual is an
In Matter of K, the BIA said the generic waiver for fraud or misrepresentations, then found at INA 241 (f), could be used to waive specific types of fraud, including a false claim to U.S. "reason to believe standard, which requires more than mere
A noncitizenwho comes into the United States based on a false claim to U.S.nationalityis not inadmissible under the provision relating to false claims to citizenship. (9) (U) Fear that the hearing
is material if it tends to shut off a line of inquiry that is relevant to the individuals
False claims made after the date of enactment cannot be waived. (U) You may, at your discretion,
Waivers for Immigrants. Specifically, the Applicant submitted the cancellation request nearly six years after he falsely claimed to be a U.S. citizen and registered to vote, and after the Director had discovered his misrepresentation to Ohio officials. "elementary" means grades kindergarten through eight. immigrant, pursuant to INA 212(d)(11), the Secretary of Homeland Security may,
of law. timely depends on the circumstances of the case. (b) (U) No previous money
Waivers for Immigrants. applicant has a legitimate claim to an alternate identity used (except you do
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