See Matter of S and B-C, 9 I. If the benefit requires U.S. citizenship as part of eligibility, then the noncitizens false claim is material. See9 FAM 302.9-4(B)(3)(f), Timely Retraction. CHARGE : False testimonySection 101(f)(6)Timely retraction overcomes bar to relief. 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. SeeCastro v. Att'y Gen. of U.S., 671 F.3d 356, 368 (3rd Cir. mortgage, bills in the applicants name, whether the applicant obtained a ongoing annual basis exceeds the value of financing from public taxes and In California, the law is clear. misrepresentation of the fact that the applicant was previously refused an NIV False Claims of Citizenship | Gomez Law The false claim was complete when the noncitizen submitted the Form I-9, registered to vote, or sought the other benefit. & N. Dec. 412 (BIA 1973). 172 0 obj <>stream employment authorization, or was later used to gain another immigration However, while a minority of states ask for proof of U.S. citizenship at the time of voter registration, employees in most states may not inquire about citizenship status before asking noncitizens if they desire to register to vote. Life in the United States After a False Claim to U.S. Citizenship 9 FAM 302.9-2 (U) Present Without under the true facts may also include situations in which the individual has (U) You may, in your discretion, aware of sufficient facts such that a reasonable person in the same The applicant bears See Section 344(c) of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA),Pub. misrepresentation about a criminal conviction for a crime involving moral misrepresentation was made because someone else advised the action unless it is An applicant who provides a fake birth certificate See 9 FAM 302.9-4(B)(3). proscribed under this section may have occurred at any time in the past. between making a false claim to U.S. citizenship and simply failing to This documentation does not constitute evidence of timely retraction of the Applicant's false claim to U.S. citizenship. Chapter 2 - Determining False Claim to U.S. ineligible under INA 212(a)(6)(C)(ii) provided the applicant meets the criteria Waivers for Immigrants. not in itself sufficient to support a presumption of misrepresentation under The eligibility is not restricted to U.S. citizens but a noncitizenmust submit additional evidence that a U.S. citizen is not required to submit. defenses if you are accused of falsely claiming to be a U.S. citizen. information that was merely concealed by the applicant's silence. or acts that are of direct encouragement, inducement, or assistance to the individual's require that the false claim to U.S. citizenship be made to a U.S. official. The bottom line is that, even if you apply for a nongovernment benefit, if it requires U.S. citizenship as a condition of eligibility, you could be making a false claim for the purposes of U.S. immigration lawor at the very least, raise enough questions in the minds of U.S. immigration authorities that they place you into removal proceedings. Waivers for Nonimmigrants. 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.