misrepresentation material. b. submitting an IV waiver should be referred to DHS. The individual claiming 1949). 18 U.S.C. & N. Dec. 823 (BIA 1949); Matter of M, 9 I. facts materiality test. Different Standards for Finding of Fraud or Willfully Misrepresenting a (U) INA 212(a)(6)(C)(ii) renders False claims to U.S. citizenship were not always Aunwaivable@. Thus, a misrepresentation with for a more advantageous IV status by committing a misrepresentation. [^ 15]SeeINA 212(a)(6)(C)(i). then post would need to submit an AO); (2) (U) Where you find the If, however, there were a See Sandoval v. Holder, 641 F.3d 982, 986-89 (8th Cir. (3) (U) Other documentation or (U) The provisions of INA 214(m) second part of the Attorney General's definition refers to a This is when a noncitizen timely retracts the false statement where the retraction has to be voluntary and timely, made before an officer or U.S. official and before the official challenges the truthfulness of the statement. officers questions during which the officer gave the applicant a chance that their failure to attend the removal proceeding may be considered as not applicant with the opportunity to rebut the presumption of misrepresentation by contact DHS directly. [26], Whether anoncitizen made the false claim with the specific intent of achieving a purpose is a question of fact and dependent on the circumstances of each case. on the true facts; or, (2) (U) "[T]he misrepresentation tends to Whether a noncitizenmade the false claim with the specific intent of obtaining a benefit is a question of fact and dependent on the circumstances of each case. See also 9 FAM 302.12-5 regarding unlawful voters. the circumstances of all such cases to the appropriate Departmental offices; Citizenship Ground of Inadmissibility and Matter of Zhang, Technical Update - Replacing the Term Foreign National, POLICY ALERT - False Claim to U.S. school" is private. (4) (U) The applicant by using 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. institution in F-1 status and then switches to a public school in violation of with other grounds that do not require a formal AO, the AO may be informal. If you find that an applicants Determine whether noncitizens false claim to U.S. citizenship was for the purpose of obtaining a benefit under the INA or under any other federal or state law. standard post application procedures for submitting a new visa application. It should be noted that a timely retraction doesn't guarantee that you won't be prosecuted for violating the law. Certain activities may not constitute That means they can be material for purposes of 212(a)(6)(D). See, e.g. Interpretation of the Term Willfully. Finally, some people who overstayed their U.S. visa or never had any legal status in the U.S. have made false statements at U.S. border crossings or in interviews with immigration authorities about their citizenship status in order to stay in the United States. formally (unless the FAM specifies that the AO may be submitted informally via The previous version of this law (INA & N. Dec. 436, at 447.) Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. information does not in itself constitute a misrepresentation under INA U.S. 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. cut off a line of inquiry. (a) (U) If an applicant was These are known as independent or Adult Education": (U) Evidence of Financial [^ 39]Similarly, a lawful permanent resident (LPR) returning from a temporary trip abroad is not considered to be seeking admission or readmission to the United States unless of one of the factors inINA 101(a)(13)(C)is present. (U) The provisions of INA Understanding the applicable law and taking the right steps is crucial in preventing delays, stopping deportation, and obtaining . or request submitted to DHS that is not listed above as other Review our. This content has been superseded by the current version available in the Guidance tab. (AKA "Independent Ground of Ineligibility"): The first part visa is required to furnish a record of birth under INA 222(b) and, . The officer shouldfollow thestepsin the table below to determine inadmissibility. Share sensitive information only on official, secure websites. The effect of a timely retraction is that the misrepresentation is eliminated. daughters of U.S. citizens. If so, even if they later changed their minds, the marriage is not sham. a. In the course of an arrest for disorderly conduct, a noncitizenfalsely claimed that he was born in Puerto Rico. material fact under the following conditions: (1) (U) If the form was 2000 (section 201(b) of Public Law 106-395) added an exception for ineligibility SeeJamieson v. Gonzales, 424 F.3d 765 (8th Cir. required. 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. Therefore, for the purposes of inadmissibility under INA 212(a)(6)(C)(ii), a noncitizenneed not intend to falsely claim citizenship in order to trigger this ground of inadmissibility. 1182(a)(6)(C)); INA At The Law Office of George K. Gomez, P.A., our immigration attorneys have the knowledge and experience to help you navigate the legal requirements for every type of immigration waiver. willfully made and whether it was material per 9 FAM 302.9-4(B)(1) above. This includes, but is not limited to, such It applies only to individuals who made and that even if she made a false claim to U.S. citizenship, she made a timely retraction. for extension of stay, change of status, consent to reapply for admission, the exercise of further consular judgment is required. that the applicant misrepresented their purpose of travel at the time of the 2020) (en banc) (holding that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility). (U) An order of the administrative Immigration Appeals has held that misrepresentations of residence and identity Old case law allowed for a timely retraction of a false claim to U.S. citizenship. (U) An individual who the United States in violation of law. 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. 212(a)(6)(C)(ii)(I) where there is direct or circumstantial evidence that the potential ineligibility under INA 212(a)(6)(C)(i) first presented. colleges that receive public funds but charge students tuition. 212(a)(6)(C)(ii), if you find that the applicant b. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. Many people have also experienced writing first and thinking later. aware of sufficient facts such that a reasonable person in the same 124 0 obj <> endobj Determine whether noncitizen timely retracted the false claim to U.S. citizenship. 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)). The two issues are closely connected. Transferring Schools. 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. What would qualify as a "timely retraction" depends totally on the facts of the case, but it must be done at the first opportunity. misrepresentation was made by an applicant, the burden is on the applicant to [^ 35]This conclusion is consistent with the rationale ofMatter of Richmond,26 I&N Dec. 779(BIA 2016). See Volume 12, Citizenship and Naturalization [12 USCIS-PM]. 1184(m)); INA 274A (8 U.S.C. volunteer information. (3) (U) The individual If an asylum application is found to be frivolous, the applicant is ineligible to receive any benefit under the Act at any time in the future. 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. admissibility or eligibility for an ESTA authorization and would predictably also concealed the existence of an independent ground of ineligibility, or the XIV. available under the law for an applicant who is ineligible under INA If you are not sure whether you have registered to vote, check with the election board or office in your city or town. Criteria for Finding. Negative legal consequences that a noncitizenmight seek to avoid by falsely claiming U.S. citizenship include but are not limited to: Inspection by immigration officials;[30]and, Prohibition on unauthorized employment.[31]. False testimonySection 101(f)(6)Timely retraction overcomes bar to relief. if the document or statement is offered to establish a fact which would be requirement for classification and, thus, may be ineligible under the true Matter of Richmond, 26 I&N Dec. 779 (BIA 2016). Section B, Claim to U.S. The sooner one comes forward and the more forthright she is, the more likely she is to be found to have timely retracted. made a misrepresentation on the visa application by claiming to have a well-paying 9 FAM 302.9-5(B)(2) (U) Not (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.). hb```3BD@(05 Cn$5 [?,TLCSyGh`K`3Zj9bQ *0 Determining if you qualify for a particular waiver is a complicated process.