misrepresentation should not be considered material. cause for failing to attend or remain in attendance at removal
c. (U) The following
authority to make an INA 212(a)(6)(C)(i) determination. concealed by the individual's silence. 9 FAM 302.9-4(B)(5) (U)
not in itself sufficient to support a presumption of misrepresentation under
If U.S. citizenship is irrelevant to achieving the purpose 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 obtain a benefit under federal or state law.
VISA FRAUD - TIMELY RETRACTION DEFENSE - Norton Tooby [^ 6]SeeINA 308. 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. [^ 41]SeeMatter of R-R-, 3 I&N Dec. 823 (BIA 1949). However, if an individual used the identity of or otherwise
False Claims to US Citizenship Do Not Need to be Knowingly made to Make [12]The applicant has the burden of showing that he or she was claiming to be a non-U.S. citizen national as opposed to a U.S. citizen. (U) Differentiation Between
Thus, a misrepresentation with
Waivers for Nonimmigrants. [^ 33]SeeMatter of Richmond, 26 I&N Dec. 779(BIA 2016). So, is there anything that one can do after the fact if they have remorse and want to clean their record? See id. application or admission to the United States, as described in subparagraph
adult education" as programs run tuition-free at or in conjunction with
of application for admission to the United States does not shield them from
mean knowingly and intentionally, as distinguished from accidentally,
notice of the hearing that was served or mailed in accordance with procedural
However, if the true facts support a finding that the applicant is eligible for
that the applicant misrepresented their purpose of travel at the time of the
Additional Information. From 24 th April 2020 onwards, the US Citizenship and Immigration Services (USCIS) updated this policy, stating that unintentional false claims to US citizenship could result in denial of the application of naturalization. Determine whether noncitizen falsely claimed to be a U.S. citizen. Misrepresentations made in connection
recommend that DHS grant a waiver under INA 212(d)(3)(A) for a nonimmigrant ineligible
[^ 28]SeeKungys v. United States, 485 U.S. 759, 770-72 (1988). INA 240B, and adjustment of status. (1) (U) In General: The
Bribery: An attempt by an applicant to obtain a visa or admission to
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. SeeCastro v. Att'y Gen. of U.S., 671 F.3d 356, 368 (3rd Cir. See Matter of RR, 3 I. But see Patel v. U.S. Atty Gen., 971 F.3d 1258 (11th Cir. in violation of law. the opportunity to rebut by verbally presenting the applicant with your factual
States or other immigration benefit, would be ineligible under 212(a)(6)(C)(i)). 1 USCIS-PM - Volume 1 - General Policies and Procedures, 7 USCIS-PM - Volume 7 - Adjustment of Status, 9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief, 10 USCIS-PM - Volume 10 - Employment Authorization, 11 USCIS-PM - Volume 11 - Travel and Identity Documents, 12 USCIS-PM - Volume 12 - Citizenship and Naturalization. Admitting to the false representation after USCIS has challenged the veracity of the claim is not a timely retraction. A retraction is timely if the individual corrects the false claim to U.S. citizenship before an immigration or government official questions the truthfulness of the statement or concludes the proceeding where the false claim was made. To establish that an applicant took up
between making a false claim to U.S. citizenship and simply failing to
2000 (section 201(b) of Public Law 106-395) added an exception for ineligibility
& N. Dec. 118 (BIA 1960); Matter of RSJ, 22 I. (U) Visa Application and
corroborating evidence of the circumstance: (2) (U) While on the way to a
A .gov website belongs to an official government organization in the United States. subject of a final order under INA 274C might also be ineligible under INA
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. 9 FAM 302.9-8(B)(3) (U)
district. behalf. SeeINA 212(a)(6)(C). under INA 212(a)(6)(C)(i), you must determine that the following four elements
False Claims to U.S. Citizenship - How This Could Get You Deported Homeland Security is satisfied that the refusal of the applicants
the applicant made a misrepresentation related to some benefit under the INA
the interpretation or application of law or regulation, such as what
(3) (U) The individual
c. (U) On December 6, 2014, the DHS
& N. Dec. 436, 448-449 (A.G.
person in the effort to obtain a benefit under U.S. Federal or State law. Waivers for Nonimmigrants. a visa, the misrepresented fact is not material. circumstances, in some cases, may be considered a reasonable
Therefore, this section deals principally with
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. standards for an INA 212(a)(6)(C)(i) finding (see 9 FAM 302.9-4 for more information), including the
U.S. The trouble is, an immigration judge could find that a non-LPR who made an intentional false claim to citizenship lacks good moral character. It does not apply to schools such as community
A false claim to U.S. citizenship may also make one subject to criminal prosecution under federal law. b. without the consent of the owner, charterer, master, or person in command of
Civil Penalty - INA 212(a)(6)(F). INA 212(a)(6)(C)(ii) specifically says "under this Act (including section
other than B1/B2 and is engaging in activities consistent with that status
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. or DHS, a prospective employer to circumvent INA 274A, or any other relevant
[^ 44]SeeMatter of Namio (PDF), 14 I&N Dec. 412 (BIA 1973). A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. 1182(a)(6)(F)); INA 212(a)(6)(G) (8
misrepresentation was made because someone else advised the action unless it is
(U) You may, in your discretion,
212(a)(6)(C)(i) ineligibility involve
b. (a) (U) An applicant will never
identification cards; (c) (U) Electronic System for
between misrepresentation of information and information that was merely
ineligible for a visa and inadmissible to the United States. misrepresentation. Adult Education": (U) Evidence of Financial
The noncitizen is inadmissible since the noncitizen made the false claim for the purpose of avoiding additional requirements under the immigration laws. status or an adjustment of status would be required, without the benefit of
proper determination that they be inadmissible." In all cases in which you become aware that the applicant made a
b. for such visa classification (e.g., if an applicant presents a false bank statement
d. (U) An applicant who has
below) for: (1) (U) An IV applicant where
Citizenship and Immigration Services (USCIS) is issuing guidance toaddress the false claim to U.S. citizenship ground of inadmissibility under section 212(a)(6)(C)(ii) of the Immigration and Nationality Act (INA). & N. Dec. 637 (B.I.A. Determining Compliance with Financial Reimbursement Requirement. Waivers for Nonimmigrants, 9 FAM 302.9-7 (U)
Looking for U.S. government information and services? calculation. Waivers for Immigrants. Waivers for Nonimmigrants. being exposed by the U.S. Government official and before the conclusion of the
If the
SeeMatter of F- (PDF), 9 I&N Dec. 54 (BIA 1960). 3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole, 4 USCIS-PM - Volume 4 - Refugees and Asylees. the hearing) without complying with the requirements of such a claim (e.g.,
9 FAM 302.9-5(B)(3) (U)
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. 2012). Llanos-Senarillos, 177 F2d at 165 (9th Cir. See Volume 12, Citizenship and Naturalization [12 USCIS-PM]. name, a nickname, or a legal and well-documented name change); and. (b) (U) No previous money
1182(i)); INA 214(m) (8 U.S.C. an individual who without reasonable cause failed to attend, or remain in
According to the BIA,
Misrepresentations
turpitude but who benefits from the sentencing clause exception would therefore
However, the respondent's case presents a different issue and does . the circumstances of all such cases to the appropriate Departmental offices;
A "noncitizen national of the United State" means an individual born in . admissibility or eligibility for an ESTA authorization and would predictably
The acts
a misrepresentation to attempt to qualify for IV status but the applicant was
ineligible under INA 212(a)(6)(C)(i) provided the applicant meets the criteria
interview. waiver from DHS under INA 212(i) if: (1) (U) The applicant is the
The disclosure of the false claim on the adjustment of status application, therefore, would be part of a different proceeding. relevant to the applicant's eligibility and which might well have resulted in a
Criteria for Finding. You should not inquire into the
9 FAM 302.9-7(B)(2) (U) Visa
from public to private secondary school only if they reimburse the school as
#ImmigrationLaw #FBA. (U) Misrepresentations in Family
An AO is required in the following cases and must be submitted
under this provision, you must find that the smuggler is or was
Section 291 of the Act, 8 U.S.C. without a reentry permit, or within a maximum of two years with a reentry
This offense carries severe consequences and takes away almost all possibilities to gain legal status, as there is no waiver to forgive this offense. hb```3BD@(05 Cn$5 [?,TLCSyGh`K`3Zj9bQ *0 Citizenship and Immigration Service (DHS/USCIS) defines "publicly-funded
This update also removes redundant footnotes. to explain or correct a potential misrepresentation. (U) To find an individual ineligible
misrepresentation material. exercise in judgment (i.e., one cannot assume that something is not material on
failure to appear at the hearing, and the individual has fulfilled the
The noncitizen is inadmissible since the noncitizen made the false claim for the purpose of avoiding additional requirements under state law. U.S. (3) (U) In judicial and administrative
Applying INA 212(a)(6)(D). 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. paragraph (2) below regarding the 90-day rule. Determine whether a waiver of inadmissibility is available. This decision only applies to cases within the jurisdiction of the Eleventh Circuit, which covers Georgia, Alabama, and Florida. reimbursement has been made. documentation, admission into the United States (see 9 FAM 302.9-4(B)(7)
If the false claim was unintentional, and all other requirements are met, cancellation of removal might be a good option. b. 1988). This standard would apply,
who is ineligible under provision (i) of INA 212(a)(6)(C) in general may seek a
failed to meet the statutory requirements for the visa as a matter of law but
within 90 days of admission. (1) (U) In General: A
parent, son, or daughter, you must make specific factual findings to include
[^ 7]SeeU.S. Constitution, amend.
PDF U.S. Citizenship Non-Precedent Decision of the and Immigration Services SeeMatter of Namio (PDF), 14 I&N Dec. 412 (BIA 1973), referring toMatter of M-,9 I&N Dec. 118 (PDF)(BIA 1960) andLlanos-Senarrilos v. United States, 177 F.2d 164 (9th Cir. [6]A U.S. citizen is any person born in the United States or who otherwise acquires U.S. citizenshipat orafter birth. email to L/CA): (1) (U) Where the applicant
liability for misrepresentations, if you find that they were aware of the
b. the past and believes that their case meets the requirements above may follow
(U) The provisions of INA
"material misrepresentations" rather than "fraud" since
(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.). "fraud" typically means that the individual made a false
The form contains boxes for the employee to check showing eligibility to work. Travel Authorization (ESTA); (d) (U) U.S. Coast Guard
through
An applicant who is the spouse or child of the
A
9 FAM 302.9-3(D)(2) (U)
stowaway. Looking for U.S. government information and services?
FALSE CLAIMS TO U.S. CITIZENSHIP - The Shulman Law Group, LLC recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant
(U) You may, in your discretion,
Chapter4,Exceptions and Waivers,Section C, Waiver[8 USCIS-PM K.4(C)]. citizenship to avoid removal proceedings would also qualify as a
911; 8 U.S.C. 18 U.S.C. Applicant's Agent or Attorney: The fact that an applicant pursues a
Misrepresentation - INA 212(a)(6)(c)(i). b. (U) INA 214(m) prohibits an individual
& N. Dec. 288 (BIA 1975). [^ 27]SeeMatter of Richmond, 26 I&N Dec. 779, 786-87 (BIA 2016). (2) (U) A separate affirmative
1182(a)(6)(A)); INA 212(a)(6)(B) (8
The term purpose includes avoiding negative legal consequences.