U.S. Citizenship and Immigration Services (USCIS) has implemented a new policy to more aggressively screen and vet individuals who make false claims to U.S. citizenship. The updated guidance, effective immediately, clarifies that individuals who use false information to gain immigration benefits will face serious repercussions.
“We also are actively increasing public awareness among aliens and the public about the consequences of committing immigration fraud,” said USCIS. “Aliens who use false information or deceitful practices to unfairly obtain immigration advantages will face serious consequences.”
This new policy manual makes significant changes to the “false claim to U.S. citizenship” ground of inadmissibility, primarily by clarifying the element of intent and providing more detailed guidance on statutory exceptions and waivers.
The new policy explicitly states that an individual does not need to have made a false claim “intentionally, knowingly, or willfully” to be found inadmissible. It clarifies that even if a person genuinely believed they were a U.S. citizen when they made the false claim, they are still inadmissible unless a narrow statutory exception applies.
“The statute does not require an alien to make a false claim to U.S. citizenship intentionally, knowingly, or willfully to be found inadmissible under INA 212(a)(6)(C)(ii). Therefore, even if an alien believed that he or she was a U.S. citizen when he or she made the false claim for any purpose or benefit under the INA or any other federal or state law, the alien is inadmissible unless the narrow statutory exception applies,” the USCIS Policy Manual clarifies.
The document states that the Matter of Zhang BIA decision supersedes all prior Department of Homeland Security (DHS) policy and guidance that provided a defense based on a non-citizen’s knowledge or legal capacity.
The new policy also provides a new clarification that a non-citizen’s age or mental capacity is not a defense to this ground of inadmissibility. However, an officer may consider a non-citizen’s age or mental capacity when determining if they had the subjective intent to achieve a purpose or benefit. The policy lists several factors an officer should consider, including the non-citizen’s age, level of education, background, mental capacity, and level of understanding.
An officer will follow a set of steps to determine inadmissibility, including verifying if the false claim was made on or after September 30, 1996. The new policy manual adds a driver’s license as a specific example of a benefit for which a false claim to citizenship could result in inadmissibility.
The policy clarifies that a non-citizen is held responsible for a false claim made by a third party, such as an attorney or legal representative, if the officer finds that the non-citizen was aware of the claim. It also states that a non-citizen cannot deny responsibility for a misrepresentation based on the advice of another person.
A person found inadmissible under this ground is permanently barred from adjusting their status, and, in most cases, an immigrant waiver is not available. There is a narrow exception for certain individuals who resided in the U.S. permanently before they turned 16 years of age.
The new policy adds a section outlining statutory exemptions and waivers. It specifies that special immigrant juveniles (SIJs) and registry applicants are exempt from this ground of inadmissibility. It also notes that there is a narrow statutory exception for false claims made on or after September 30, 1996, for certain non-citizens who reasonably believed they were a U.S. citizen, and that this exception was made retroactive.
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Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
