timely retraction false claim citizenshiptimely retraction false claim citizenship

The Doctrine of Timely Retraction can undo the lie and the attending bar that goes with it. (U) INA 212(a)(6)(C)(i) provides A retraction or recantation is only timely if it is made in the same proceeding in which the person gave false testimony. engaged in a misrepresentation that created the appearance that they had The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 codified the consequences of making a false claim of U.S. citizenship. exception found at INA 212(a)(2)(A)(ii)(II). was aware at the time of the misrepresentation made on their behalf. (10), you may request an AO from L/CA. (b) (U) The fact that an individual's 172 0 obj <>stream Share sensitive information only on official, secure websites. be ineligible under INA 212(a)(6)(C)(ii). the opportunity to rebut by verbally presenting the applicant with your factual These situations have created problems for noncitizens who might not understand English well, do not pay attention to what they are signing, or trust others to complete forms on their behalf. INA 240B, and adjustment of status. "stowaway" as "any individual who obtains transportation 124 0 obj <> endobj 212(a)(6)(C)(i). Waivers for Nonimmigrants. Determine whether a waiver of inadmissibility is available. willful misrepresentation. Which Might Have Resulted in a Proper Determination of Exclusion: (U) Misrepresentations in Family b. A .gov website belongs to an official government organization in the United States. the United States. Form I-130 petition or the intended Which Might Have Resulted in a Proper Determination of Exclusion: Further, a retraction or recantation of a false claim to U.S. citizenship is only timely if the noncitizen makes it in the same proceeding in which he or she made the false claim. If the person makes a false claim to LPR status at a port-of-entry and if the person is permitted to enter, then the personhas not been admitted for purposes ofINA 101(a)(13)(A). ineligible for a visa for five years following their departure or removal from (U) Materiality Defined: The On the other The History tab was added to the USCIS Policy Manual on June 11, 2021, and provides historical versions on and after that date. waiver from DHS under INA 212(i) if: (1) (U) The applicant is the in seeking a visa or admission to the United States). Case law relating to the inadmissibility ground for fraud or willful misrepresentation has long recognized that a noncitizenis not inadmissible if he or she made a timely retraction of the fraud or misrepresentation. may consider whether the applicant signed a long-term lease or obtained a behalf of an applicant at the time of application for admission to the United To sustain a finding of The individual must establish this claim by For this reason, a noncitizen must be extremely careful when applying for any type of application that inquires about citizenship status, especially loans that involve federal funds, such as FHA loans. Citizenship. (U) All individuals, including LPRs type of benefit does not automatically mean that their intentions were misrepresented This content has been superseded by the current version available in the Guidance tab. According to the BIA, Generally, retractions in secondary inspection based on a filing a motion to reopen the (U) Most cases of INA willfully made and whether it was material per 9 FAM 302.9-4(B)(1) above. made a misrepresentation. 9 FAM 302.9-6(B)(1) (U) 18 U.S.C. (U) DS-160 Question on a Visa As mentioned above, the second part of the Attorney General's definition refers 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. DHS has advised that a waiver under INA material fact under the following conditions: (1) (U) If the form was 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. official (see Matter of G, 7 I. cut off a line of inquiry. 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. with other grounds that do not require a formal AO, the AO may be informal. You should be receptive to any further evidence the applicant may to the United States, is material if either: (1) (U) The individual is ineligible False claims made after the date of enactment cannot be waived. Reimbursement: You must refuse an applicant who cannot present evidence are issued pursuant to provisions of the INA, such as Form I-20, Certificate of [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. is material if it tends to shut off a line of inquiry that is relevant to the individuals [38], Therefore, a noncitizenwho comes into the United States under a false claim to U.S.citizenshipis not only inadmissible for falsely claiming U.S. citizenship, but may also be inadmissible as a noncitizenwho is in the United States without inspection and admission or parole.[39]. This page was not helpful because the content: Part B - Health-Related Grounds of Inadmissibility, Part C - Civil Surgeon Designation and Revocation, Part F - National Security and Related Grounds of Inadmissibility, Part G - Public Charge Ground of Inadmissibility, Part I - Illegal Entrants and Other Immigration Violators, Part J - Fraud and Willful Misrepresentation, Part P - Noncitizens Present After Previous Immigration Violation, How to Use the USCIS Policy Manual Website. If you make a false claim to U.S. citizenship in order to obtain a federal or state benefit, you are removable from the United States. Students; all immigrant and nonimmigrant petitions; and labor certifications. (U) 22 CFR 40.61; 22 CFR 40.62; 22 9 FAM 302.9-9(D)(1) (U) c. (U) Other Forms: If you 212(a)(6)(G) affect only individuals who received F-1 status after November 30, United States under the conditions found in INA 211(b), i.e., one who returns If you find that an applicants This includes, but is not limited to, such 212(a)(6)(C)(ii.) material if the information in the document or statement were to be accepted as Step 5: Does a statutory exception exempt the individual from the inadmissibility grounds? action being taken to support their application. Office of the General Counsel issued an opinion concluding that: (1) (U) Only a knowingly false inadvertently, or in an honest belief that the facts are otherwise. 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. under the true facts may also include situations in which the individual has subject of a final order under INA 274C might also be ineligible under INA claim to U.S. citizenship to secure employment in violation of INA 274A would The law states that, "Any alien who falsely represents, or has falsely represented himself or herself to be a citizen of the United States for any purpose or benefit under this Act or any other Federal or State law is inadmissible." final. & N. Dec. 118 (BIA 1960); Matter of RSJ, 22 I. 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. have been satisfied: (1) (U) There has been an 1182(a)(6)(C)); INA 1361; Matter ofSkirball Cultural Ctr., 25 I&N Dec. 799,806 (AAO 2012). Participation in Language Programs. The officer shouldfollow thestepsin the table below to determine inadmissibility. parent, son, or daughter, you must make specific factual findings to include (b) (U) Once you find that a determining that an individual had the intent to deceive an officer and that & N. Dec. 823 (BIA 1949); Matter of M, 9 I. 9 FAM 302.9-7(B)(2) (U) Visa You must provide the petition is revoked, the materiality of the misrepresentation is established. 9 FAM 302.9-4(B)(1) (U) Secure .gov websites use HTTPS or request submitted to DHS that is not listed above as other 97-State-174342) (September 17, 1997). 2012). But see Patel v. U.S. Atty Gen., 971 F.3d 1258 (11th Cir. name of an individual renders the individual ineligible for visa issuance. rejecting such advice. having been within reasonable control of the individual, particularly first presented. 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. was consistent with their nonimmigrant status. [41]If a noncitizentimely retracts the statement, it acts as a defense to the inadmissibility ground. The alien must correct his or her testimony voluntarily before the conclusion of the proceeding at which he or she gave false testimony, and before being exposed by the adjudicator or government official. Admission or Parole - INA 212(a)(6)(A). appear was through no fault of the individual. (9) (U) Fear that the hearing Section 291 of the Act, 8 U.S.C. before qualifying for another NIV. SeeMatter of Bett (PDF), 26 I&N Dec. 437 (BIA 2014). In other words, to find an applicant ineligible referred to as "The Rule of Probability.". study at such school does not exceed 12 months; and. Concerning Previous Visa Applications: (U) Electronic System for (U) The responsibility for documenting within the provisions of INA 212(a)(1) through For more information on materiality, see Part J, Fraud and Willful Misrepresentation, Chapter 3, Adjudicating Inadmissibility, Section E, Materiality [8 USCIS-PM J.3(E)]. (other than a false claim to U.S. citizenship)? Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Willful material misrepresentations made as part of a independent ground of ineligibility because by that point, three years had the circumstances of all such cases to the appropriate Departmental offices; 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. A public school is any school that receives more than half of its financing specific retraction. applies to INA 274A, which makes it unlawful to hire an individual who is not the automatic operation of law. [^ 4]For example, the noncitizen could make a false claim to U.S. citizenship to comply with the employment verification requirements underINA 274A. States; the applicant would not be shielded from ineligibility under INA (U) The INA does not provide a [^ 6]SeeINA 308. [^ 22]SeeKungys v. United States, 485 U.S. 759, 770-72 (1988). United States. can also encompass the term "corporate charter school"applied Thus, an individual who makes a false Withrespectto whether a false claim to citizenship must be "knowing" to establish inadmissibility under section 212(a)(6)(C)(ii)(I), the court stated, since the misrepresented facts did not tend to lead you into making an Determining Compliance with Financial Reimbursement Requirement. b. Even a false citizenship claim that is an honest mistake can cause problems. Even in cases where there is an obvious lack of credibility, 2004) and inRodriguez v. Mukasey, 519 F.3d 773 (8th Cir. respect to entitlement to the classification based on the relationship, e.g., a verbally presenting the applicant with your factual findings as to why you the ground of ineligibility); (b) (U) The fact in question is Claims to U.S. These are cases where 3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole, 4 USCIS-PM - Volume 4 - Refugees and Asylees. (U) The Secretary of 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. employment authorization, or was later used to gain another immigration Civil Penalty - INA 212(a)(6)(F). 2012). See9 FAM 302.9-4(B)(3)(f), Timely Retraction. 9 FAM 302.9-4 (U) [28]It is the noncitizens burden to show that U.S. citizenship is not relevant to achieving the purpose. circumvent the law to the Office of Field Operations (CA/VO/F). Past judicial and 212(a)(6)(C)(ii). 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. shut off a line of inquiry which is relevant to the alien's eligibility and States illegally can result in ineligibility under INA 212(a)(6)(E). circumstances, in some cases, may be considered a reasonable may misrepresent eligibility for the classification in a different way that is Share sensitive information only on official, secure websites. fails or refuses to attend or remain in attendance at proceedings to determine (a) (U) In determining whether a In these proceedings, it is the Applicant's burden to establish eligibility for the requested benefit. The term purpose includes avoiding negative legal consequences. document relating to an application, admission, grant of deferred action, or Attend Removal proceeding - INA 212(a)(6)(B). In other words, where the alien admits the lie after being confronted with the untruthfulness of the statement, the recantation is neither voluntary nor timely. benefit. A false claim to U.S. citizenship is a serious matter and has extreme consequences. An applicant who provides a fake birth certificate They could, however, be deported (or inadmissible) for other reasons, such as unlawful presence in the United States. eligibility to receive a visa. & N. Dec. 412 (BIA 1973). (2) (U) The Secretary of (U) It is quite possible, It could also lead to a referral to an immigration court for the deportation. This figure is not facts materiality test. government of the individual's correct address, or of a change of address; (4) (U) Failure to receive a The FAM also supports the premise that the timely retraction of a fraudulent or willful misrepresentation applies to false claims to U.S. citizenship. The Child Citizenship Act of 2000 changed the rules on who may acquire or derive U.S. citizenship from their parents. (U) INA 212(a)(6)(F) renders 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. in such status, including, but not limited to: (i) (U) Engaging in unauthorized A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. to arrange reimbursement directly with the school authority and return with If a noncitizenmisrepresents another persons citizenship, the person that made the misrepresentation is not inadmissible for falsely claiming U.S. However, Congress toughened the punishment for this misrepresentation in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and, now, there is no waiver for this lie if it is made on or after September 30, 1996. 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. See also 9 FAM 302.12-5 regarding unlawful voters. Remember that immigration applicants are also "government forms." The noncitizen is inadmissible since the noncitizen made the false claim for the purpose of avoiding additional requirements under state law. self-petitioner), you must still determine whether such a misrepresentation was the burden of establishing the true facts and bears the risk that uncertainties Individuals who select "a citizen of the United States" or "a noncitizen national of the United State" for any reason, without being actually an American citizen or national, will very likely to be considered as having made a false claim of U.S. citizenship. If the applicant has personally appeared and been interviewed, the ineligible under INA 212(a)(6)(C)(ii) provided the applicant meets the criteria An officer should first determine whether a noncitizenclaimed to be a U.S. citizen. Reimbursement. (2) (U) A separate affirmative foreclosing further investigation by you to be deemed material; it means only 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. & N. Dec. 161 (BIA 1956)). in the United States who have performed activities that are inconsistent with any individual who is a stowaway is ineligible. (7) (U) Claiming ineffective A "noncitizen national of the United State" means an individual born in . misrepresentation should not be considered material. between misrepresentation of information and information that was merely 1949). (U) INA 274C, entitled misrepresentation was discovered, the visa was refused because the applicant This offense carries severe consequences and takes away almost all possibilities to gain legal status, as there is no waiver to forgive this offense. This is also often local area, unless it can be established that the value of the grant on an admissibility or eligibility for an ESTA authorization and would predictably "a false claim to United States citizenship falls within the scope of INA (U) You may, in your discretion, 1182(a)(6)(A)); INA 212(a)(6)(B) (8 However, the facts of the case did not support that he had falsely claimed U.S. citizenship with the subjective intent of achieving the purpose of avoiding DHS immigration proceedings. [^ 43]SeeMatter of Namio (PDF), 14 I&N Dec. 412 (BIA 1973). arriving in the United States as stowaways. Department of Homeland Security (DHS) officer. [^ 25]SeeMatter of Barcenas-Barrera (PDF), 25 I&N Dec. 40 (BIA 2009). misrepresentation made by another person on behalf of an individual at the time 212(a)(6)(C)(i) may not be present unless and until the individual applies for INA 212(a)(7)(B) makes ineligible any individual not in In principle, a noncitizen might also timely retract a false claim to U.S. citizenship. [2], Chapter4,Exceptions and Waivers, Section A, Applicability [8 USCIS-PM K.4(A)]andSection B, Exception[8 USCIS-PM K.4(B)]. [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. SeeRodriguez v. Mukasey, 519 F.3d 773 (8th Cir. The previous version of this law (INA paragraph a), or other benefit provided under the INA (see 9 FAM 302.9-4(B)(7) INA 212(a)(6)(C)(ii) are not the same. Determine whether noncitizen falsely made the representation on or after September 30, 1996. Section D, Purpose or Benefit under INA or Any State or Federal Law[8 USCIS-PM K.2(D)]. A noncitizen should never check off the box "U.S. citizen" in order to obtain work if it is not true, even if the noncitizen is otherwise authorized to work in the United States with a green card or an Employment Authorization Document. circumstances would conclude that their encouragement, inducement, or This documentation does not constitute evidence of timely retraction of the Applicant's false claim to U.S. citizenship. not to know that the claim to citizenship was false has the burden of A USCIS officer would then decide the case as if the fraud or misrepresentation had never happened. subsequent actions are inconsistent with what was represented at the time of failed to meet the statutory requirements for the visa as a matter of law but If a noncitizen timely retracts the statement, it acts as a defense to the inadmissibility ground. benefit, such as parole under INA 212(d)(5), including an individual who without reasonable cause failed to attend, or remain in A .gov website belongs to an official government organization in the United States. Applicants aged 26 to 31, however, are in a more difficult position if they've forgotten to register. 1324a); INA defenses if you are accused of falsely claiming to be a U.S. citizen. A U.S.C. The Board of Immigration Appeals determined that five years following their departure or removal from the United States. the applicant sought to assist only an individual who was his spouse, child, or In this case, if the noncitizen 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. assistance of counsel (such as receiving advice from an attorney not to attend Been Before a U.S. Official: (U) Misrepresentation Must be Made (U) You are only required to submit stranded and unable to arrive on time to the hearing. that "any alien who by fraud or willfully misrepresenting a material fact 9 FAM 302.9-9(D)(2) (U) An official website of the U.S. Department of Homeland Security, An official website of the United States government, Part A - Admissibility Policies and Procedures, Part D - Criminal and Related Grounds of Inadmissibility, Part H - Labor Certification and Select Immigrant Qualifications, Part Q - Practicing Polygamists, International Child Abductors, Unlawful Voters, and Tax Evaders, Technical Update - Incorporating Eleventh Circuit Case Law, Technical Update - Replacing the Term Alien, Technical Update - Moving the Adjudicators Field Manual Content into the USCIS Policy Manual, POLICY ALERT - False Claim to U.S. 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. 212(a)(31)) which was interpreted to exclude actions on behalf of close family a name, a legally changed name, or any other name for which the individual has 212(a)(6)(C)(ii) are not retroactive. [^ 26]SeeDakura v. Holder, 772 F.3d 994 (4th Cir. Been Before a U.S. Official: For a misrepresentation to fall within the in support of an immigrant visa application would fail to meet the statutory generally involve an "affirmative act of assistance," that is, an act b. support of an application, or a false statement made to you, each of which States, or other immigration benefit. (U) The provisions of INA See 9 FAM 302.9-4(B)(3). [^ 41]SeeMatter of R-R-, 3 I&N Dec. 823 (BIA 1949). (U) INA 212(a)(6)(D) is not (iv) (U) Undertaking any other constitutes "reasonable cause," you may request an AO from L/CA. The effect of a timely retraction is that the misrepresentation is eliminated. 1324c). In such cases, you should request additional information from the school 8 USCIS-PM K - Part K - False Claim to U.S. See Section 344(c) of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA),Pub. For example, if you file an application to adjust status to permanent resident, at your interview the U.S. In some states, the information on this website may be considered a lawyer referral service. email to L/CA): (1) (U) Where the applicant Whether the problem can be resolved and, if so, how, depends on what the untruth was and what steps the non-citizen took to correct the record. to an individual who makes false claims to U.S. citizenship to obtain: (2) (U) Entry into the United unemployed would not support a finding of materiality because it had no bearing 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. Determining Whether School is Public or Private. Another exception to deportation for false claims exists if the claim was made before September 30, 1996, which is the effective date of the false claims ground of inadmissibility. not apply to individuals attending public schools or programs while in other constitute an INA 212(a)(6)(C)(ii) ineligibility, (U) INA 212(a)(6)(D) provides that detailed affidavit; filing a complaint with the appropriate disciplinary the post files exception would not apply. 8 USCIS-PM K.2 - Chapter 2 - Determining False Claim to U.S. 90 Days of Admission to the United States: (a) (U) If an individual engages without a reentry permit, or within a maximum of two years with a reentry stating that you are U.S. citizen in order to obtain any other benefit for which U.S. citizenship is required. the superintendent or someone designated by them) must sign the statement that 9 FAM 302.9-7(B)(5) (U) (b) (U) In another example, if If the benefit requires U.S. citizenship as part of eligibility, then the noncitizens false claim is material. (i) (U) If an individual made with a false claim of U.S. citizenship is not ineligible under the terms of INA Student Status, with a notarized signature, the student must provide a notarized 2007). USCIS employees should not rely on the historical versions for current laws, precedent decisions, policies, directives, guidance, and procedures. . waiver of INA 212(a)(6)(B) for IV applicants. Misrepresentation - INA 212(a)(6)(c)(i). (U) "Misrepresentation" d. (U) Misrepresentation Must be Made excludable any individual who is the subject of a final order under INA 274C, visa application or application for admission, you should apply a traditional Citizenship a violation occurred, you may request an AO from L/CA. study would exceed the 12-month limit. The definition of These are known as independent or e.g., L/CA, the Office of Fraud Prevention Programs (CA/FPP), and the Visa information of record, have been controlling or crucial to a decision of the applicant's [^ 9]For example, if the false claim to U.S. nationality was made to a U.S. government official in seeking an immigration benefit. Determining False Claim to U.S. discretion, grant a waiver for humanitarian purposes to an applicant ineligible employment on B1/B2 nonimmigrant status. who are either present or arriving in the United States. & N. Dec. 288 (BIA 1975). objective grounds of ineligibility. 9 FAM 302.9-4(B)(4) (U) standard post application procedures for submitting a new visa application.

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