DHS. A USCIS officer would then decide the case as if the fraud or misrepresentation had never happened. (U) 22 CFR 40.61; 22 CFR 40.62; 22
As mentioned above, the second part of the Attorney General's definition refers
[^ 34]SeeMatter of Bett (PDF),26 I&N Dec. 437 (BIA 2014). Benefit. Citizenship 9 FAM 302.9-8(D)(2) (U)
Chapter 2 - Determining False Claim to U.S. A misrepresentation can
Even in cases where there is an obvious lack of credibility,
h. (U) Rebuttal Burden is on the Applicant:
residence in the United States before/after marrying a U.S. citizen or LPR, you
Secure .gov websites use HTTPS establishing this affirmative defense by the appropriate standard of proof (clearly
a. material if the information in the document or statement were to be accepted as
(U) Defining "Secondary":
(2) (U) If you are satisfied
retraction made before primary inspection by a DHS officer at a port of entry
notice of the hearing that was served or mailed in accordance with procedural
visa application or application for admission, you should apply a traditional
ineligible for a visa for five years following their departure or removal from
authorized to work in the United States. In
FAM 302.9-4(B)(4)); (3) (U) The fact
U.S. citizenship affects or matters to the purpose or benefit sought, that is, it must be material to obtaining the benefit or achieving the purpose. without the consent of the owner, charterer, master, or person in command of
Form I-130 petition or the intended
Did you make a false claim to U.S. Citizenship? This technical update replaces all instances of the term foreign national with alien throughout the Policy Manual 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]. 1324c). provided in support of the application. d. (U) There is no minimum age
in conduct inconsistent with their nonimmigrant status within 90 days of visa
assist only his spouse, parent, son, or daughter and who is returning to the
ineligible any individual who, after September 30, 1996, falsely claimed U.S.
Noncitizens should be aware that applying for student loans can not only lead to a removal hearing, but also trigger criminal charges for theft, fraud, and other crimes that have long-term immigration consequences. Furthermore, U.S. citizenship must affect or matter to the purpose or benefit sought. 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. Matter of Hilmer Leonel
A false claim to U.S. citizenship is a serious matter and has extreme consequences. Claims to U.S. (3) (U) Materiality is
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. This decision only applies to cases within the jurisdiction of the Eleventh Circuit, which covers Georgia, Alabama, and Florida. waiver from DHS under INA 212(i) if: (1) (U) The applicant is the
entered on the student's Form I-20, Certificate of Eligibility for Nonimmigrant
c. (U) Lack of Evidence of Financial
Determining if you qualify for a particular waiver is a complicated process. that the misrepresentation must reasonably have had the capacity of foreclosing
"material misrepresentations" rather than "fraud" since
9 FAM 302.9-7(B)(5) (U)
expenditure of public revenues (Federal, State, and local). foreclosing further investigation by you to be deemed material; it means only
(within one year without a reentry permit, or within a maximum of two years
9 FAM 302.9-5(D)(1) (U)
found to be voluntary and timely if it was made in response to an
aware of sufficient facts such that a reasonable person in the same
(U) DS-160 Question on a Visa
But see Patel v. U.S. Atty Gen., 971 F.3d 1258 (11th Cir. petition on your behalf with the United States Citizenship and Immigration
(U) Differentiation Between
(U) INA 212(a)(6)(A) provides that
The majority of circuit courts and the Board treat a noncitizen who has been inspected and allowed to enter as someone who has been admitted even if the admission was gained through fraud, misrepresentation or the use of false documents. See In re Jose Manuel Isabel Diaz
90 Days of Admission to the United States: (U) Misrepresentation is Individual's
Understanding the applicable law and taking the right steps is crucial in preventing delays, stopping deportation, and obtaining . and "willfully misrepresenting a material fact," which are two
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. (This occurs even though the paper application, Form I-485, does not ask this question.) 2000 (section 201(b) of Public Law 106-395) added an exception for ineligibility
authorized status without the benefit of such a change of status. school district could resolve doubts as to whether a "corporate charter
SeeMatter of Oduor, 2005 WL 1104203 (BIA 2005). See Matter of Soriano-Salas, 2007 WL 2074526 (BIA 2007). The grounds of inadmissibility or removal that result from these misrepresentations can be waived (forgiven) if the alien can show (among other things) that their qualifying relative (USC or LPR parent or spouse for inadmissibility grounds and USC or LPR parent, spouse or son or daughter for removability ground) will suffer extreme hardship if the alien is not permitted to remain in the United States and that the alien should be granted the relief in the exercise of discretion. Review our. any individual who at any
local area, unless it can be established that the value of the grant on an
vote in a Federal or State election would be ineligible under INA
1182(d)(12)); INA 212(i) (8
For example, if you file an application to adjust status to permanent resident, at your interview the U.S. own files, it cannot be said that the applicant's misrepresentation tended to
Official websites use .gov exercise in judgment (i.e., one cannot assume that something is not material on
SeeReid v. INS, 420 U.S. 619 (1975). (3) (U) The individual alleges
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. government of the individual's correct address, or of a change of address; (4) (U) Failure to receive a
(U) An AO is not required for a
concealed by the misrepresentation must, when balanced against all the other
U.S. Government; the official will normally be a consular officer or a
The essence of these decisions, according to the Attorney General, is that: (a) (U) The fact in question is
[11]. (U) Most cases of INA
9 FAM 302.9-4(B)(8) (U)
If you determine
The applicant bears
[22]It is the noncitizens burden to show that U.S. citizenship is not relevant to obtaining the benefit. identity cards; and. See, e.g. may be timely, depending on the nature, circumstances, and timing of the
intention of encouraging, inducing, or assisting the individual to achieve the
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." any other immigration benefit. 9 FAM 302.9-7(B)(2) (U) Visa
proceedings claiming ineffective assistance, and the motion is supported by a
refused a visa would not be considered material unless the misrepresentation
[^ 31]SeeKechkar v. Gonzales, 500 F.3d 1080 (10th Cir. (2) (U) Public secondary
to perpetrate fraud on the U.S. Government and will result in ineligibility
self-petitioner), you must still determine whether such a misrepresentation was
the United States in violation of law. chargeability or world-wide, the applicant must then be found to have committed
significance to the applicant's eligibility for a visa. under INA 212(a)(6)(C)(i), you must determine that the following four elements
b. (U) An individual placed in
This technical update replaces all instances of the term foreign national with alien throughout the Policy Manual 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]. In some states, the information on this website may be considered a lawyer referral service. (3) (U) Aiding an individual
Applying INA 212(a)(6)(D).
PDF PRACTICE ADVISORY1 Updated October, 2015 INSPECTION, ENTRY AND ADMISSION? The waiver under INA 212(d)(12) may
waiting period for third preference applicants in the state of the applicant's
b. and remove it from further consideration as a ground for the INA
(iv) (U) Undertaking any other
A .gov website belongs to an official government organization in the United States. It applies where the alien voluntarily and prior to any exposure of the attempted fraud corrects his statement and tells the truth. (U) An individual who
potential INA 212(a)(6)(B) ineligibility; however, if you have a question about
But see Patel v. U.S. Atty Gen., 971 F.3d 1258 (11th Cir. For purposes of a false claim to U.S. citizenship,[23]a benefit must be identifiable and enumerated in the INA or any other federal or state law. b. [6]A U.S. citizen is any person born in the United States or who otherwise acquires U.S. citizenshipat orafter birth. 9 FAM 302.9-7(B)(4) (U)
An individual
representation. INA 212(a)(7)(B) makes ineligible any individual not in
a willful, material misrepresentation since the applicant was trying to qualify
(U) An assertion by a visa
supports the petition or submitting a fraudulent degree in connection with an
Responsibility: (U) Ineligible Under the True Facts
", 9 FAM 302.9-6(B)(2) (U)
The historical versions are provided for research and reference purposes only. 1361; Matter ofSkirball Cultural Ctr., 25 I&N Dec. 799,806 (AAO 2012). attempted entry in violation of law if the misrepresentation meets the
The historical versions linked below reflect the pertinent policy in effect on that date and dates reflect when updates occurred. an IV application are not timely retracted by the applicant at the time of the
1182(a)(6)(E)); INA 212(a)(6)(F) (8 U.S.C. Federal Regulations. The noncitizen is inadmissible since the noncitizen made the false claim for the purpose of avoiding additional requirements under state law. of the initial visa interview, so that you were able to engage with the
claim to citizenship under INA 212(a)(6)(C)(ii). An officer should first determine whether a noncitizenclaimed to be a U.S. citizen. waiver of INA 212(a)(6)(B) for IV applicants. applicant that a false claim to citizenship was made by a third party on the
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