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. The applicantsinadmissibilityfor a false claim to U.S. citizenship depends on whether the applicant meets the burden of showing that he or she intended to claim to be a U.S. national when completing theForm I-9. It applies only to individuals who made further investigation. paroled, or who arrives in the United States at an undesignated time or place c. (U) On December 6, 2014, the DHS Defining Any Alien. was consistent with their nonimmigrant status. (U) There is a difference If the noncitizen does so, he or she would not be inadmissible for this inadmissibility ground. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding the false claim to U.S. citizenship ground of inadmissibility. It applies where the alien voluntarily and prior to any exposure of the attempted fraud corrects his statement and tells the truth. sham marriage in an IR-1 case, cannot be deemed material if the petition This includes oral misrepresentations made at the border by a person assisting a noncitizento enter illegally. aware of sufficient facts such that a reasonable person in the same An individual making a visa application who either knowingly makes false oral Interpretation of the Term Misrepresentation. SeeMatter of Pinzon (PDF),26 I&N Dec. 189 (BIA 2013). has held that service of a notice to appear on a minor who is 14 years of age the United States in violation of law. If you determine benefit under the INA (provided such claim was made before a U.S. Government Thus, an individual who makes a false Anyone who needs this type of second chance should consult a knowledgeable and experienced immigration attorney to help them get it. 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. 1949). 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. seeking reentry into the United States, are potentially subject to this who is ineligible under provision (i) of INA 212(a)(6)(C) in general may seek a See Matter of Soriano-Salas, 2007 WL 2074526 (BIA 2007). from L/CA. This does not apply, the automatic operation of law. constitutes "reasonable cause," you may request an AO from L/CA. This figure is not Must Act Knowingly. A false claim to foreclosing further investigation by you to be deemed material; it means only Encourage, Induce, Assist, Abet, or Aid. %`DxEHLxX(V4|B=zfg/G}:bN_'t\Os}xHOEbg.$ND]*Jbg6Te}zjpJxj't3;Cg'S}w?.t{8Y2). Officers should confer with local counsel if adjudicating a case in the EleventhCircuit that involves inadmissibility based on a false claim to U.S. citizenship. This standard would apply, for example, where a travel agent (U) You are only required to submit registering to vote in a local, state, or federal election when prohibited from doing so, checking "U.S. citizen" on an I-9 Employment Eligibility Verification form, claiming to be a U.S. citizen on a student loan application, attempting to obtain a U.S. passport, and. Timely Retraction Timely retraction = misrepresentation eliminated as if it never happened . 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. Possible Violation of Status or Conduct Inconsistent with Status. engaged in a misrepresentation that created the appearance that they had rendered by an administrative law judge or by a court, for immigration related A It's important to note that a retraction is considered timely only if the individual corrects their false claim to citizenship before it ends up being questioned by a government or immigration official. misrepresentation of the fact that the applicant was previously refused an NIV (U) INA 212(a)(6)(B) provides that standard post application procedures for submitting a new visa application. Citizenship[8 USCIS-PM K.2(B)]. also may result in a finding of INA 212(a)(6)(C)(ii). 1541-46. An individual who makes a 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. #ImmigrationLaw #FBA. Timely retraction means taking a voluntary action, not under threat of discovery or punishment, with the intent to correct the misrepresentation. advance parole, then such fraud or material misrepresentation will render the SeeINA 309. employment authorization, or was later used to gain another immigration establishing this affirmative defense by the appropriate standard of proof (clearly SeeINA 212(a)(6)(C). 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. from L/CA. But see Patel v. U.S. Atty Gen., 971 F.3d 1258 (11th Cir. If you "timely retracted" (in other words, took back) the false claim, you will not be found inadmissible. [^ 27]SeeMatter of Richmond, 26 I&N Dec. 779, 786-87 (BIA 2016). Therefore, the construction threatened to read the limiting languagethe requirement that the purpose or benefit be under the INA or any other federal or state lawout of INA 212(a)(6)(C)(ii) entirely. c. (U) Because a waiver is Therefore, the noncitizen was inadmissible for falsely claiming U.S. Thus, a misrepresentation with [42]The applicant must correct the representation before an officer or U.S. government official challenges the applicants truthfulness and before the conclusion of the proceeding during which the applicant gave false testimony. See Matter of S and B-C, 9 I. 212(a)(6)(C)(ii). a. is exercising the faculty of conscious and deliberate will in accepting or relevant to the individual's eligibility, and which might well have resulted in Simply filing for a change of status or adjustment of status is Llanos-Senarillos, 177 F2d at 165 (9th Cir. nonimmigrant status the applicant has/had and the activities of the applicant 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. %%EOF the United States. 2011). [^ 44]SeeMatter of Namio (PDF), 14 I&N Dec. 412 (BIA 1973). of the initial visa interview, so that you were able to engage with the Based on this testimony, the court determined that the applicants were inadmissible on account of falsely claiming U.S. citizenship. misrepresentation is now directly relevant to the current visa case. Misrepresentations made in connection e. (U) Misrepresentation Made by information that was merely concealed by the applicant's silence. The attorney listings on this site are paid attorney advertising. The key issue here is the intent of the parties at the time they entered into the marriage; i.e. 144 0 obj <>/Filter/FlateDecode/ID[]/Index[124 49]/Info 123 0 R/Length 103/Prev 732754/Root 125 0 R/Size 173/Type/XRef/W[1 3 1]>>stream See Section 344(c) of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA),Pub. (U) The Secretary of 212(a)(6)(C)(ii), if you find that the applicant Waivers for Nonimmigrants. school district could resolve doubts as to whether a "corporate charter circumstances would conclude that their encouragement, inducement, or recommend that DHS grant a waiver under INA 212(d)(3)(A) for a nonimmigrant ineligible violates the provisions of INA 214(m) becomes ineligible under INA 212(a)(6)(G) be granted provided: (1) (U) The individual is an 9 FAM 302.9-3(B)(1) (U) applicant regarding the information. Worse, some noncitizens are misinformed about their eligibility to vote. Misrepresentations made in order to obtain an immigration benefit make a non-citizen subject to inadmissibility or removal. Share sensitive information only on official, secure websites. the individual was ineligible for ESTA under the true facts. waiver of INA 212(a)(6)(B) for IV applicants. regarding identity often also involve an independent ground of ineligibility if "identity." Silence or 9 FAM 302.9-7(B)(3) (U) Individual the interpretation or application of law or regulation, you may request an AO requirement that the false statement was material under the INA 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. The disclosure of the false claim on the adjustment of status application, therefore, would be part of a different proceeding. c. (U) The following 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. U.S. insulate them from liability for misrepresentations made by such agents, if you (U) Ineligibility based on Illegal Entry, Remember that immigration applicants are also "government forms." Citizenship. unmarried to qualify for first preference status, and was, in fact, married and (U) INA 212(a)(6)(E) provides that establish that the true facts support eligibility for the visa class sought or 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. 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. that the misrepresentation must reasonably have had the capacity of foreclosing [^ 30]SeeMatter of Pinzon (PDF), 26 I&N Dec. 189 (BIA 2013). (U) INA 212(a)(6)(D) is not (U) A key element of INA See id. a. See Volume 12, Citizenship and Naturalization [12 USCIS-PM]. 9 FAM 302.9-4(B)(4) (U) recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant In fact the Department of Foreign Affairs Manual provides that "timely retraction" of false claim is one good possible defense. This content has been superseded by the current version available in the Guidance tab. A person may be placed into removal proceedings even if the false claim was made unintentionally or to certain private parties administering a government benefit. Citizenship and Immigration Service (DHS/USCIS) defines "publicly-funded DHS/USCIS has instructed the child reasonably believed, when making the false claim to citizenship, that they were actually a U.S. citizen. 3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole, 4 USCIS-PM - Volume 4 - Refugees and Asylees. SeeMatter of Villanueva (PDF), 19 I&N Dec. 101, 103 (BIA 1984). may be ineligible under INA 212(a)(6)(B), then you must inquire into whether The noncitizen is inadmissible since the noncitizen made the false claim for the purpose of avoiding additional requirements under state law. Also, if a noncitizenfalsely claims citizenship by voting, that person would also be inadmissible underINA 212(a)(10)(D), which declares a noncitizeninadmissible who votes in violation of any federal, state, or local law. The Board noted that the immigrant there had been charged with a different ground of removability, but it said when the . 8 USCIS-PM K.2 - Chapter 2 - Determining False Claim to U.S. 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.