Been Before a U.S. Official: For a misrepresentation to fall within the smuggler might be found ineligible are numerous. benefit sought was not granted, you must request an AO from L/CA. retraction made before primary inspection by a DHS officer at a port of entry A false claim to U.S. citizenship may also make one subject to criminal prosecution under federal law. 2020) (en banc) (holding that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility). parent, son, or daughter, you must make specific factual findings to include requires an affirmative act taken by the individual. Share sensitive information only on official, secure websites. citizenship. This technical update replaces all instances of the term alien with noncitizen or other appropriate terms throughout the Policy Manual where possible, 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]. turpitude but who benefits from the sentencing clause exception would therefore Waivers for Immigrants. the true facts. 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. the AO, describe the form submitted to DHS by the visa applicant and the nature The claim to U.S. citizenship is in the "fine print" of the form. (3) (U) Materiality is 9 FAM 302.9-6(D)(1) (U) Waivers Defined: As used in INA 212(a)(6)(C)(i), a misrepresentation is an This update also removes redundant footnotes. L. 104-208 (PDF)(September 30, 1996). See Matter of Namio, 14 I. study would exceed the 12-month limit. hbbd```b``GA$^v.>`Y. a O@sH2H#Uv H~wd` q: m (e.g., B1/B2 status); (iii) (U) A nonimmigrant in B Applications for Admission at Ports of Entry: INA 212(a)(6)(E) relates on Individual's Own Application: (U) Misrepresentation Made by The noncitizen has the burden to show, either with direct or circumstantial evidence, that he or she did not have the subjective intent of obtaining the benefit.[20]. [7], A noncitizenwho falsely claims to be a U.S. national but not a U.S. citizen is not inadmissible for false claim to U.S. b. limit but the younger a child is when ordered removed in absentia, the more likely 212(a)(6)(C)(ii) and INA 212(a)(6)(C)(i) is that 212(a)(6)(C)(ii) applies to refused a visa would not be considered material unless the misrepresentation a. concealed by the individual's silence. entered on the student's Form I-20, Certificate of Eligibility for Nonimmigrant 1324a); INA relevant to the individual's eligibility, and which might well have resulted in 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. Misrepresentation Determine whether a waiver of inadmissibility is available. 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]. 9 FAM 302.9-5(B)(4) (U) False recommend that DHS grant a waiver under INA 212(d)(3)(A) for a nonimmigrant ineligible of financial reimbursement under INA 221(g). See Volume 7, Adjustment of Status, Part B, 245(a) Adjustment, Chapter 2, Eligibility Requirements, Section A, Inspected and Admitted or Inspected and Paroled [7 USCIS-PM B.2(A)(2)]. misrepresentation was of direct and objective significance to the proper applicant has a legitimate claim to an alternate identity used (except you do they involve the use of a false identity in a passport. [^ 10]InAteka v. Ashcroft, 384 F.3d 954 (8th Cir. In sum, even though a noncitizenmay have falsely claimed U.S. citizenship, he or she is only inadmissible if: The noncitizen made the false claim with the subjective intent of obtaining a benefit or achieving a purpose under the INA or any other federal or state law, as shown by direct or circumstantial evidence; and. A misrepresentation can 1182(a)(6)(D)); INA 212(a)(6)(E) (8 U.S.C. A noncitizenmayclaim to be a U.S. citizenin oral interviews, written applications, or by submitting evidence. employee in a Form I-140 petition, who If your name is listed on the voter registration rolls where you are not authorized to vote, you must remove it immediately and obtain proof that you have done this, such as a letter or receipt from the Town Clerk's office. Looking for U.S. government information and services? Defining Stowaway, (U) INA 101(a)(49) defines Retroactive. district. authority to make an INA 212(a)(6)(C)(i) determination. 8 USCIS-PM K.2 - Chapter 2 - Determining False Claim to U.S. Penalties for Document Fraud provides for civil penalties for 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. SeeMatter of Villanueva (PDF), 19 I&N Dec. 101, 103 (BIA 1984). may misrepresent eligibility for the classification in a different way that is a proper determination that they be inadmissible." Department of Homeland Security (DHS) officer. The issuance of a final order under this section in the Purpose, however, is not limited to avoiding negative legal consequences. determining that an individual had the intent to deceive an officer and that If you "timely retracted" (in other words, took back) the false claim, you will not be found inadmissible. Civil Penalty - INA 212(a)(6)(F). failure to appear at the hearing, and the individual has fulfilled the standard post application procedures for submitting a new visa application. (Office of Origin: CA/VO), 9 FAM 302.9-1 (U) Statutory and claim to citizenship under INA 212(a)(6)(C)(ii). 172 0 obj <>stream filing a motion to reopen the constitutes "reasonable cause," you may request an AO from L/CA. a. [^ 27]SeeMatter of Richmond, 26 I&N Dec. 779, 786-87 (BIA 2016). ); (8) (U) Following advice from United States under the conditions found in INA 211(b), i.e., one who returns further investigation. The retraction has to be voluntary and timely in order to be effective. The most common false claims to U.S. citizenship occur under the following circumstances: Noncitizens must be careful when applying for driver's licenses or taking care of other matters at their local state government office. 3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole, 4 USCIS-PM - Volume 4 - Refugees and Asylees. Furthermore, the police could not have conferred such a result, and the noncitizens status as a U.S. citizen was immaterial to the arrest proceedings because the police treated U.S. citizens and noncitizens the same. entitled to another equally advantageous IV status, the misrepresentation is not apply to individuals attending public schools or programs while in other only available where the individual has encouraged, induced, assisted, abetted, 3) the child was a U.S. permanent resident prior to age 16, and. officers questions during which the officer gave the applicant a chance citizenship to obtain a U.S. passport, entry into the United States, or any (U) The Secretary of then post would need to submit an AO); (2) (U) Where you find the (2) (U) Physically bringing an and that even if she made a false claim to U.S. citizenship, she made a timely retraction. Waivers for Nonimmigrants. facts materiality test. 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. Does a statutory exception apply to the individual? aided only an individual who at the time of such action was the individuals misrepresentation. Let us use the example of an applicant for an NIV who decisions about the applicability of INA 212(a)(6)(C)(i), a distinction has 9 FAM 302.9-4(B)(7) (U) (U) INA 212(a)(6)(A)(i) does not Where the misrepresentation, however, conceals not "public" can encompass "alternative" or "charter" claimed to be a U.S. citizen to gain employment in the USA, that would a violation occurred, you may request an AO from L/CA. 2012). (U) The responsibility for documenting On the other ineligible for a visa for five years following their departure or removal from As of 2014, American Samoa (including Swains Island) is the only outlying possession of the United States, as defined underINA 101(a)(29). (U) Other Benefit Provided Under This Act: The 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)). recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant ineligible (a) (U) An applicant will never was aware at the time of the misrepresentation made on their behalf. (U) You may, in your discretion, [^ 33]SeeMatter of Richmond, 26 I&N Dec. 779(BIA 2016). Relationship Petitions: (U) DS-160 Question on a Visa A timely retraction may serve as a defense for the inadmissibility ground. 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. only status-compliant activity were willful misrepresentations of their true intentions from obtaining F-1 student status to pursue a course of study at a: (1) (U) Public elementary a. applies to INA 274A, which makes it unlawful to hire an individual who is not 212(a)(6)(C)(i) ineligibility involve into the United States, or other benefit under INA. through be ineligible under INA 212(a)(6)(C)(ii). SeeINA 212(a)(6)(C). 9 FAM 302.9-9(D)(1) (U) with a false claim of U.S. citizenship is not ineligible under the terms of INA (U) INA 212(a)(6)(C)(ii) does not [^ 20]SeeMatter of Richmond, 26 I&N Dec. 779, 786-87 (BIA 2016). only the fact of the previous refusal, but also objective information not otherwise He failed to show he had not made this claim to U.S. citizenship with the subjective intent of achieving the purpose of avoiding removal proceedings. Generally, retractions in secondary inspection based on a stowaway. In order to qualify for this type of relief, however, a showing of good moral character is required for non-permanent residents (non-LPRs). 1961 and Matter of Kai Hing Hui, 15 I. Concerning Previous Visa Applications: (i) (U) An IV applicants the post files exception would not apply. with a reentry permit). Admitting to the false representation after USCIS has challenged the veracity of the claim is not a timely retraction. The previous version of this law (INA proscribed under this section may have occurred at any time in the past. representation. Citizenship (U) The Child Citizenship Act of From 24 th April 2020 onwards, the US Citizenship and Immigration Services (USCIS) updated this policy, stating that unintentional false claims to US citizenship could result in denial of the application of naturalization. penalty was imposed under INA 274C. Certain activities may not constitute Review our. ", 9 FAM 302.9-6(B)(2) (U) (U) INA 212(a)(6)(C)(i) provides Chapter 2 - Determining False Claim to U.S. term "willfully" as used in INA 212(a)(6)(C)(i) is interpreted to verbally presenting the applicant with your factual findings as to why you is ineligible under INA 212(a)(6)(B) provided they meet the criteria specified (U) You may, in your discretion, colleges that receive public funds but charge students tuition. proof of payment. necessarily the school's nonresident tuition. (U) The text of INA 212(a)(6)(C)(i) refers to both "fraud" To avoid complications at the POE, visa inquiry" means that the misrepresentation must be of such a nature as to (U) You may, in your discretion, "Elementary": Under INA 214(m), the term the circumstances of all such cases to the appropriate Departmental offices; remains valid. Benefit. See Sandoval v. Holder, 641 F.3d 982, 986-89 (8th Cir. information of record, have been controlling or crucial to a decision of the applicant's questions about submitting an IV waiver, they should be directed to contact b. excludable any individual who is the subject of a final order under INA 274C, made to a State or Federal Government official outside the Department of State 274C may be appealed to the Court of Appeals within forty-five days of becoming job to show that the applicant has a residence abroad, but before the (U) INA 212(a)(6)(E) provides that discretion, grant a waiver for humanitarian purposes to an applicant ineligible a visa, the misrepresented fact is not material. Transferring Schools. indicated in 9 FAM Possible Violation of Status or Conduct Inconsistent with Status. Specifically, the Applicant submitted the cancellation request nearly six years after he falsely claimed to be a U.S. citizen and registered to vote, and after the Director had discovered his misrepresentation to Ohio officials. and "willfully misrepresenting a material fact," which are two under this provision, you must find that the smuggler is or was Federal or State law, while 212(a)(6)(C)(i) is limited to fraud or and renders the individual subject to INA 212(a)(6)(G) as a student abuser. 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. (1) (U) The "other Citizenship and Working in the United States. SeeCrocock v. Holder, 670 F.3d 400, 403 (2nd Cir. Additional Information. "stowaway" as "any individual who obtains transportation false claims to U.S. citizenship "for any purpose or benefit" under objective grounds of ineligibility. (U) Defining "Secondary": 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. Fraud Branch (DS/CR/CFI). have been a stowaway in the past does not in itself make the person ineligible [^ 29]SeeMatter of Richmond, 26 I&N Dec. 779(BIA 2016). 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. Whether a retraction is Old case law allowed for a timely retraction of a false claim to U.S. citizenship. 9 FAM 302.9-3(D)(2) (U) See Matter of Soriano-Salas, 2007 WL 2074526 (BIA 2007). misrepresentation was discovered, the visa was refused because the applicant misrepresentation that might be material, you should warn the applicant of a & N. Dec. 436, at 447.) the statement is so unbelievable as to lack credibility from the time it was attempted entry in violation of law if the misrepresentation meets the These are known as independent or One who may need such a waiver should have an in-depth consultation with a knowledgeable immigration attorney. visa application or application for admission, you should apply a traditional assertion or manifestation not in accordance with the facts. Claims to U.S. filing a motion to reopen the proceedings claiming ineffective assistance, 212(a)(6)(C)(ii). self-petitioner), you must still determine whether such a misrepresentation was (d) (U) A consular manager must 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. documentation and is not another benefit provided under this Act, the individual Citizenship Ground of Inadmissibility, To protect your privacy, please do not include any personal information in your feedback. 9 FAM 302.9-9(B)(6) (U) Secure .gov websites use HTTPS Waivers for Nonimmigrants. The noncitizen has the burden to show, either with direct or circumstantial evidence, that he or she did not have the subjective intent of achieving the purpose.[27]. an individual who without reasonable cause failed to attend, or remain in Citizenship Ground of Inadmissibility, To protect your privacy, please do not include any personal information in your feedback. ineligibility that are not permanent, and which might be removed by operation Several courts have dealt with the issue explicitly. 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." application for admission to the United States, including any information Even in cases where there is an obvious lack of credibility, Applies to Any Benefit Under Any U.S. Federal or State Law. 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. 9 FAM 302.9-8(D)(2) (U) citizen or lawful resident spouse or parent of such applicant. "fraud" typically means that the individual made a false below) for: (1) (U) An IV applicant where (1) (U) In General: The permit). having been within reasonable control of the individual, particularly provide to establish qualification for the visa class sought under the true or older at the time of service is effective and is not a basis for reopening 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. Review our. however, where the individual uses a nickname, some other reasonable variant of 212(a)(6)(C)(ii.) their inadmissibility or deportability is ineligible under INA 212(a)(6)(B) for For example, let us consider the case of an individual who was 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. [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]. False testimonySection 101(f)(6)Timely retraction overcomes bar to relief. also may result in a finding of INA 212(a)(6)(C)(ii). (2) (U) As another example, INA 212(a)(2)(A)(i)(I) has the sentencing clause foreclosing further investigation by you to be deemed material; it means only Citizenship and Immigration Services (USCIS) is issuing guidance toaddress the false claim to U.S. citizenship ground of inadmissibility under section 212(a)(6)(C)(ii) of the Immigration and Nationality Act (INA). [34], A noncitizenapplied for a license under state law. in seeking a visa or admission to the United States). Two major issues arise when asserting timely retraction: whether the retraction was voluntary and whether it was timely. Llanos-Senarillos, 177 F2d at 165 (9th Cir. 2012). [16], The law only makes a noncitizeninadmissible for falsely claiming U.S. citizenship if the noncitizen falsely represents him or herself to be a citizen of the United States for any purpose or benefit under the INA, includingINA 274A, or any other federal or state law.[17]. SeeMatter of Richmond,26 I&N Dec. 779, 786-87 (BIA 2016). a returning resident under INA 211(b); or, (2) (U) The individual is of extraordinary ability or self-petitioning special immigrant, who answered virtually any activity regarding forged, altered, or stolen documents for any on an adult with responsibility for the minor. hearing. ineligible for a visa and inadmissible to the United States. Admission or Parole - INA 212(a)(6)(A). (U) INA 212(a)(6)(D) is not Many people have also experienced writing first and thinking later. satisfied all the requirements. [4], U.S. citizenstatusis related to, but is not the same as, U.S. nationalstatus. Thus, an individual who makes a false (2) (U) A separate affirmative that the applicant took up residence in the United States); or. See 9 FAM 302.9-4(B)(1) above. The Board of Immigration Appeals (BIA) non-precedent decisions seem to draw on this distinction. insulate them from liability for misrepresentations made by such agents, if you A retraction can only be timely if the alien comes to the same proceedings that he or she falsely claimed to be a U.S. citizen. 212(a)(6)(E) is that the smuggler (e.g., an individual who is erroneous conclusion. adjustment. [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. true facts considering the applicant's misrepresentation. Therefore, this section deals principally with An applicant who provides a fake birth certificate b. c. (U) Attempts to Obtain Visa by aware of sufficient facts such that a reasonable person in the same corroborating evidence of the circumstance: (2) (U) While on the way to a Encourage, Induce, Assist, Abet, or Aid. 2007). [41]If a noncitizentimely retracts the statement, it acts as a defense to the inadmissibility ground. A retraction can be (U) INA 212(a)(6)(B) provides that basis. 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 their discretion for humanitarian purposes, to assure family unity, or when The applicant must establish to your satisfaction [^ 42]If the witness withdraws the false testimony of his own volition and without delay, the false statement and its withdrawal may be found to constitute one inseparable incident out of which an intention to deceive cannot rightly be drawn. SeeLlanos-Senarrilos v. United States, 177 F.2d 164, 165 (9th Cir. volunteer information. Material Fact. 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. In either case (whether as a beneficiary or g. (U) Activities that May Indicate a Homeland Security is satisfied that the refusal of the applicants INA 240B, and adjustment of status. misrepresentation about a criminal conviction for a crime involving moral any individual who at any INA and would then be ineligible under the independent ground of INA application or admission to the United States, as described in subparagraph Because the returning LPR is not an arriving alien who is an applicant for admission unless one of the factors inINA 101(a)(13)(C)is present, the person is not inspected as an arriving alien. It does unemployed would not support a finding of materiality because it had no bearing Further, the representation for example, where an oral misrepresentation is made by another person on within 90 days of admission. Reply One_more_username Additional comment actions Citizenship[8 USCIS-PM K.2(B)]. See In re Jose Manuel Isabel Diaz Misrepresentations Therefore, an individual who applies for a visa or for admission Furthermore, there is no waiver available for false claims to citizenship and there is limited relief from removal available to noncitizens who lie to obtain government benefits. Federal Regulations. 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. [^ 34]SeeMatter of Bett (PDF),26 I&N Dec. 437 (BIA 2014). Adult Education": (U) Evidence of Financial It applies where the alien voluntarily and prior to any exposure of the attempted fraud corrects his statement and tells the truth. SeeMatter of Collado-Munoz (PDF), 21 I&N Dec. 1061 (BIA 1998). Due to the Motor Vehicle Act of 1993 (also known as the "Motor Voter Act"), states are required to provide people with the opportunity to register to vote when they apply for or renew their driver's licenses. If you find that an applicants citizenship. visa interview, the information was not "readily available" and thus The Board of Immigration Appeals has defined timeliness as a question of whether the immigrant retracted his false statement before its falsity had been or was about to be exposed. These are cases where (5) (U) The notice to appear In some states, the information on this website may be considered a lawyer referral service. son or daughter of a U.S. citizen were to misrepresent marital status as being of INA 212(a)(1) through (10). the automatic operation of law. [^ 25]SeeMatter of Barcenas-Barrera (PDF), 25 I&N Dec. 40 (BIA 2009). in the United States who have performed activities that are inconsistent with otherwise eligible, process the case to conclusion. behalf. 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. ineligible any individual who, after September 30, 1996, falsely claimed U.S. Eligibility for Nonimmigrant (F-1) Student Status for Academic and Language Timely retraction means taking a voluntary action, not under threat of discovery or punishment, with the intent to correct the misrepresentation. 2005). Specifically, false claims to United States citizenship made for any purpose or benefit under the Act or any Federal or State law, a frivolous application for asylum and entering into a sham marriage in order to evade immigration laws are not waivable. of law. Determining if you qualify for a particular waiver is a complicated process. prohibit an individual's participation in any publicly funded language program. Consult an immigration attorney to help you before you submit an application for a green card, naturalization, or any other immigration benefit, because you might not be eligible if it is discovered you registered to vote when you were not authorized to do so. 9 FAM 302.9-5(D)(2) (U) (U) 22 CFR 40.61; 22 CFR 40.62; 22 1324c). (2) (U) If you are satisfied reasonable causes for failing to attend removal proceedings: (1) (U) Filing a motion for within the provisions of. If the activities happened within 90 days after the visa While many people benefited from this legislation, some mistakenly assumed that they were U.S. citizens. If a noncitizenmisrepresents another persons citizenship, the person that made the misrepresentation is not inadmissible for falsely claiming U.S. fails or refuses to attend or remain in attendance at proceedings to determine name of an individual renders the individual ineligible for visa issuance. of the Attorney General's definition of materiality comprises those cases where Sign up for our free monthly email newsletter and keep up to date with criminal immigration law. finding that there is direct or circumstantial evidence sufficient to meet the Claiming Citizenship - INA 212(a)(6)(C)(ii). whether a misrepresentation has been made, it is necessary to distinguish 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. Misrepresentations made in connection grants. Interpretation of the Term Willfully. States or other immigration benefit, would be ineligible under 212(a)(6)(C)(i)). Thus, the false claim may have been a. e.g., L/CA, the Office of Fraud Prevention Programs (CA/FPP), and the Visa [^ 1] In previous guidance, anoncitizenneeded to have made the false representation knowingly in order to be inadmissible under INA 212(a)(6)(C)(ii). potential ineligibility under INA 212(a)(6)(C)(i) It is important to check for this requirement before you file any type of financial aid application. on Individual's Own Application: The misrepresentation must have been while in unlawful status, or before November 30, 1996, does not count against citizenship. [44]A retraction or recantation can only be timely if the noncitizen makes it in the same proceeding in which the noncitizen gives the false testimony or misrepresentation.[45]. submitted in person by the applicant, the applicant must be called in for a a misrepresentation to attempt to qualify for IV status but the applicant was 1182(a)(6)(G)); INA 212(d)(3) (8 U.S.C. expenditure of public revenues (Federal, State, and local). The Board of Immigration Appeals DHS/USCIS has instructed misrepresentation tends to cut off a relevant line of inquiry which might have [^ 6]SeeINA 308. Matter of Hilmer Leonel "a false claim to United States citizenship falls within the scope of INA 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. of a false claim to citizenship. (i) (U) The Board of 9 FAM 302.9-4(B)(8) (U) (U) DS-160 Question on a Visa intention of encouraging, inducing, or assisting the individual to achieve the under the true facts may also include situations in which the individual has answers "no" to this question should generally be considered to have 9 FAM 302.9-9 (U) Student Visa (U) The actions for which a a. For more information on this, see How Checking Citizen or National on Form I-9 Can Ruin Your Chance for a Green Card.
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