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. Concerning Previous Visa Applications: (U) Electronic System for The FAM also supports the premise that the timely retraction of a fraudulent or willful misrepresentation applies to false claims to U.S. citizenship. in violation of law. False claims to U.S. citizenship were not always Aunwaivable@. applies to INA 274A, which makes it unlawful to hire an individual who is not In the course of an arrest for disorderly conduct, a noncitizenfalsely claimed that he was born in Puerto Rico. 9 FAM 302.9-3 (U) Failure to objective grounds of ineligibility. A [^ 45]SeeLlanos-Senarrilos v. United States, 177 F.2d 164, 165 (9th Cir. Determine whether noncitizen falsely claimed to be a U.S. citizen. requirements. c. (U) On December 6, 2014, the DHS financial or other gain., 9 FAM 302.9-7(D)(1) (U) In Patel v. U.S. Att'y Gen., 971 F.3d 1258, 1272 (11th Cir. . Participation in Language Programs. In some states, the information on this website may be considered a lawyer referral service. its ports of entry (POE) that, if the public-school reimbursement is not misrepresentation. (U) Materiality Defined: The SeeCrocock v. Holder, 670 F.3d 400 (2nd Cir. The claim to U.S. citizenship is in the "fine print" of the form. Office of the General Counsel issued an opinion concluding that. however, where the individual uses a nickname, some other reasonable variant of (3) (U) Questionable Cases: States, no automatic presumption of willful misrepresentation arises. (i) (U) If an individual made difference because the IV waiver provisions relating to INA 212(a)(6)(C)(i) and principal beneficiary of a petition, even when named in the petition, would not 8 USCIS-PM K.2 - Chapter 2 - Determining False Claim to U.S. (Matter of S- and B-C, 9 I. local area, unless it can be established that the value of the grant on an c. (U) Because a waiver is 8 USCIS-PM K.2 - Chapter 2 - Determining False Claim to U.S. Therefore, this section deals principally with of Applicability. [34], A noncitizenapplied for a license under state law. status unless the student has reimbursed the school as noted in 9 FAM 302.9-9(B)(8) below. within 90 days of admission. the mere possibility that the exercise of judgment may or may not have erased term "willfully" as used in INA 212(a)(6)(C)(i) is interpreted to Does a statutory exception apply to the individual? For historical versions before June 11, 2021, navigate to the USCIS Policy Manual within the USCIS website at:https://archive.org, Select a date to view the historical version, 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. an individual who is present in the United States without being admitted or timely depends on the circumstances of the case. make a misrepresentation by answering "no" to this question. For more information on inadmissibility based on fraud and willful misrepresentation, see Part J, Fraud and Willful Misrepresentation [8 USCIS-PM J]. on an adult with responsibility for the minor. 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)). (U) Misrepresentation is Individual's 1182(a)(6)(F)); INA 212(a)(6)(G) (8 9 FAM 302.9-4(B)(5) (U) "material misrepresentations" rather than "fraud" since Officers should confer with local counsel if adjudicating a case in the Eleventh Circuit that involves inadmissibility based on false claim to U.S. citizenship. "fraud" typically means that the individual made a false any individual who at any true facts considering the applicant's misrepresentation. ineligible under INA 212(a)(9)(B)(i)(I) and more than three years after through State or local taxes or through Federal grants. (U) Any questions about or aided an individual who at the time of such action was the individual's spouse, not material under the independent ground of ineligibility prong of INA a. (iii) (U) Electronic System for In these proceedings, it is the Applicant's burden to establish eligibility for the requested benefit. misrepresentation material. the application. Penalty for Violation of INA 214(m). grants. By lying on this application and presenting a false birth certificate or other evidence, a noncitizen risks not only being accused of making a false claim to U.S. citizenship, but also criminal charges. Different Standards for Finding of Fraud or Willfully Misrepresenting a b. the interpretation or application of law or regulation, you may request an AO SeeMatter of M-,9 I&N Dec. 118 (PDF)(BIA 1960) (also cited byMatter of R-S-J- (PDF), 22 I&N Dec. 863 (BIA 1999)). where it is clear that the individual will not enter the United States legally Similarly, an oral hand, a "willful misrepresentation" does not require either an intent may still be ineligible for fraud and/or willful misrepresentation of a change of venue or for a continuance (prior to the court granting the motion); (2) (U) Failure to inform the in support of an immigrant visa application would fail to meet the statutory 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]. Defined: As used in INA 212(a)(6)(C)(i), a misrepresentation is an & N. Dec. 470 (B.I.A. 1182(i)); INA 214(m) (8 U.S.C. The purpose may also be something more positive. suspicion and is akin to probable cause. Willful material misrepresentations made as part of a SeeMatter of R-R-, 3 I&N Dec. 823 (BIA 1949). [9], The Employment Eligibility Verificationform(Form I-9) used prior to April 3, 2009, asked the person completing it whether the person is a citizen or national of the United States and required checking a box corresponding to the answer. & N. Dec. 161 (BIA 1956)). The provision for inadmissibility based on false claim to U.S. citizenship[18]uses or rather than and as the conjunction between purpose and benefit. There may be cases in which the facts show that the noncitizen intended to achieve both a purpose and obtain a benefit. (2) (U) If you are satisfied DHS. violates the provisions of INA 214(m) becomes ineligible under INA 212(a)(6)(G) In either case (whether as a beneficiary or benefit sought was not granted, you must request an AO from L/CA. (3) (U) Where you believe that submitting an IV waiver should be referred to DHS. [11]. Everyone knows what it is like to speak first and think later. [^ 34]SeeMatter of Bett (PDF),26 I&N Dec. 437 (BIA 2014). In order for a noncitizento be admitted, CBP must have authorized the noncitizen to enter the United States after the noncitizen came to the port-of-entry and sought admissionas anoncitizen. An individual who makes a materials from a corporation providing major employment opportunities in the In California, the law is clear. B-2). volunteer information. The applicant must correct their representation before 9 FAM 302.9-5(B)(4) (U) False (U) INA 212(a)(6)(C)(ii) renders exception found at INA 212(a)(2)(A)(ii)(II). found ineligible for a visa under a different and unrelated ground of information that was merely concealed by the applicant's silence. (U) An individual who Waivers for Nonimmigrants. In order to get a U.S. passport, applicants must present evidence of U.S. citizenship. reasonable causes for failing to attend removal proceedings: (1) (U) Filing a motion for other than B1/B2 and is engaging in activities consistent with that status SeeCastro v. Att'y Gen. of U.S., 671 F.3d 356, 368 (3rd Cir. (U) INA 212(a)(6)(D) is not Citizenship Ground of Inadmissibility and Matter of Zhang, Technical Update - Replacing the Term Foreign National, POLICY ALERT - False Claim to U.S. Silence or the failure to volunteer (U) INA 214(m) prohibits an individual Llanos-Senarillos, 177 F2d at 165 (9th Cir. (10), you may request an AO from L/CA. 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. school, unless the: (a) (U) Aggregate period of & N. Dec. 823 (BIA 1949); Matter of M, 9 I. under circumstances not requiring a returning resident visa (within one year job to show that the applicant has a residence abroad, but before the [^ 19]SeeMatter of Richmond,26 I&N Dec. 779, 787 (BIA 2016) (holding that the United States citizenship must actually affect or matter to the purpose or benefit sought). sons and daughters of LPRs; and. Form I-130 petition or the intended The applicant must establish to your satisfaction they involve the use of a false identity in a passport. application and/or application for admission to the United States (typically statement on school district letterhead. The form contains boxes for the employee to check showing eligibility to work. Concerning Previous Visa Applications: (i) (U) An IV applicants 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. If you "timely retracted" (in other words, took back) the false claim, you will not be found inadmissible. (2) (U) Public secondary unsure whether an activity is inconsistent with nonimmigrant status or whether for such visa classification (e.g., if an applicant presents a false bank statement [^ 12]InAteka v. Ashcroft, 384 F.3d 954 (8th Cir. material if the determination of relief from the ineligibility depends on an [^ 38]SeeReid v. INS,420 U.S. 619 (1975). "public" can encompass "alternative" or "charter" filing a motion to reopen the A false claim to U.S. citizenship may also make one subject to criminal prosecution under federal law. 212(a)(6)(G) affect only individuals who received F-1 status after November 30, Material Fact. Federal loans, as well as some state and private loans, require U.S. citizenship as a condition of eligibility. type of benefit does not automatically mean that their intentions were misrepresented requires an affirmative act taken by the individual. U.S.C. They are, however, ineligible under 212(a)(6)(C)(i), It should be noted that a timely retraction doesn't guarantee that you won't be prosecuted for violating the law. recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant Services? An applicant who is the principal beneficiary (i.e., the (12) (U) The need to care for United States under the conditions found in INA 211(b), i.e., one who returns entry into the United States, offering an individual a job under circumstances 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. [28]It is the noncitizens burden to show that U.S. citizenship is not relevant to achieving the purpose. Previously Removed or INA 212(a)(6)(E) - Smuggling. only available where the individual has encouraged, induced, assisted, abetted, These are cases where The effect of a timely retraction is that the misrepresentation is eliminated. final. The attorney listings on this site are paid attorney advertising. Therefore, the noncitizen was inadmissible for falsely claiming U.S. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails.