False Claims of Citizenship Can Render Aliens Inadmissible

There are many aliens in the United States today, both legally and illegally, who are faced with the dilemma of supporting either themselves or their families financially, both here in the United States and back home in their country of origin. The conflict that these aliens face is determining exactly how they are planning to survive while here in the U.S. Many aliens are here on B-2 Tourist Visas.  Under the Immigration and Nationality Act, any alien present in the U.S. on a B-2 Visa is prohibited from accepting employment while visiting the U.S.

Unfortunately, despite this prohibition, there are some aliens who have secured or attempted to secure employment while only holding a B-2 Tourist Visa.  Some aliens have done this by making a false claim of U.S. citizenship to a private employer on an I-9 Employment Eligibility Verification Form.  This is a costly mistake that will not only render the alien inadmissible under this country’s immigration laws but also will forever bar this individual from ever becoming a permanent resident and ultimately a U.S. citizen. Aliens who make this mistake may be subject to immediate removal proceedings and ultimately deportation from the U.S.

Section 212(a)(6)(C)(ii) of the Immigration and Nationality Act, as amended by the 1996 Immigration Act, renders inadmissible any alien who falsely claims to be a U.S. citizen for any purpose or benefit under the Immigration and Nationality Act or any other federal or state law. The amendments apply to false claims to U.S. citizenship on or after Sept. 30, 1996. The amendments do not apply just to citizenship claims made to obtain an immigration benefit. For instance, if a person claimed to be a U.S. citizen in order to vote in yesterday’s all-important Pennsylvania primary election, this person would be inadmissible under the statute.

In addition, it is not necessary for the claim to have been made only to a government official. A false claim of citizenship can also be made to someone in the private sector. One of the biggest mistakes that aliens have made is making a false claim of citizenship to a private sector employer on an I-9 Employment Eligibility Verification Form. If this false claim to a private employer was made on or after Sept. 30, 1996, this individual would be inadmissible.  Immigrants who are found to be inadmissible under Section 212(a)(6)(C)(ii) of the INA are permanently inadmissible.  There are absolutely no waivers available under this scenario.  Non-immigrant visa applicants may still apply for a discretionary waiver. 

If the false claim of U.S. citizenship was made prior to Sept. 30, 1996, that claim must have been made to a government official for the purposes of obtaining an immigration benefit such as a Visa or U.S. Passport. This individual would be declared inadmissible. However, waivers are still available to this individual if the claim was made to a government official to obtain an immigration benefit prior to Sept. 30, 1996. 

The bottom line is this: Making a false claim of U.S. citizenship to any person, whether a government official or private individual, is the kiss of death. Not only will you be declared inadmissible and be subject to removal or deportation proceedings but you will never have the opportunity to become a legal permanent resident and ultimately a U.S. citizen.

Rob C. Tonogbanua, Esq.
Dickie McCamey & Chilcote, P.C.

Explore posts in the same categories: Immigration Law, Rob C. Tonogbanua

76 Comments on “False Claims of Citizenship Can Render Aliens Inadmissible”

  1. USA esta Says:

    I think that many people did not know the economical benefits of the immigrants

  2. Pat Klaver Says:

    I cannot say that I totally agree with this law, I believe there are extenuating circumstances for every situation that need to be considered, My case in point. I married a Mexican woman who is the most wonderful woman I have ever met, currently we have two children together that were born in Mexico but have US citizenship because of me. The problem I see with this law, is that this happened to my wife, but here is the story. When my wife was born, her mother was quite young and herself lost a mother while she was young, never taught anything about birth control and very naive she had my wife very young. With no financial means to support my wife she had her smuggled to the US to live with family when she was five years old. My wife continued to live there until she was 15 where she encountered her inability to continue on to high school because of lack of a social security number. My wife returned to Mexico and began fending for herself, at age 16 she bought her first house with the help of a Uncle. At age 18 she received a phone call from friends in the US asking her to come for a birthday party, my wife agreed as she crossed the border the agents asked her citizenship and she said US. Now almost 12 years later I cannot take my family out of Mexico even in light of all the violence that is happening here and not a single government official will help to resolve this. Like I said I do understand this law but a life punishment does not totally fit the crime. If someone happens to read this and can some way help me, I would be most grateful, I spent nine years in the US Navy and even there I could not receive help because many of my bosses were afraid to ask questions.

    • Just a reply Says:

      Hey, wow, that sounds horrible honestly. Actually I know first hand how it feels to receive a denial notice based on the ground of “misrepresentation” i.e: False citizenship claim. My mother receive that notice and because I was under her petition it applied to me as well. Immigration gave us the option to appeal, keep in my the False Citizenship claim was made to a government official as well a false document (a U.S Citizen’s Passport). It was a horrible case. But guess what. They accepted the appeal and gave us LPR cards. What I recommend to you is GET A GREAT IMMIGRATION LAWYER. That made all the difference for us, the package he made for the I-605 was perfect. Don’t lose hope. I had lost hope by reading online too much about the so-called kiss of death.
      I wish you and your wife/family the best.

      • leslie Says:

        can u give me the name of your lawyer please. i wan him to help me since am having the same problem.

      • Sergio Says:

        I am also facing this situation, how do I know which immigration lawyers are good? Could I also have the name of your lawyer? Thanks in advance.

      • angel Says:

        Can you please give me more info on how to obtain this. My niece in law claimed false citizeship when she tried to cross the mexican border when she was just 16, brought to the usa at age nine this has been her only home. She did not know any better at age 16, now that she is 28 she tried to obtain her residency upon going to her interviews in juarez this came up and now has to stay in mexico for 10 years in order for her to try to obtain a visa. She has twin, two year old boys…any info is appreciated from anyone..please email me: pflugerangel@yahoo.com

      • Cindy Says:

        Just a reply,

        I can’t find the I-605 form, did you mean I-601? Thanks


      • monica Says:

        hello, my father has a very similar case, he enter with a u.s citizen passport, we have had some applications approved but they are not letting him settle down because of the false claim, can you please give me some information about how you did this cause and what is the I-605 and also the lawyer, we have a good lawyer but it seems the the door keep closing, his been here for 10 years

      • Juan Says:

        HEY am going through same situation .just wondering if any of u guys received their green cards alredy after falsing us cititen..please let me know.write me at jrazo17@hotmail.com porfasss me urge buskar un buen lawyer for this case graciasss

      • can u please send me your attorneys name, address and phone number. we my family could really use the help and advise. we have the same identical situation. thank you very much.

      • Juan Says:

        whats the attorneys name the holds false us citizen charges…..help meeeeeeeeeeeeeeee

      • Diogo Says:

        Can you give me your lawyer name please. I’m going through same situation. Please e-mail me at diogo_cazarotti@yahoo.com. Thanks for your positive post.

      • Cindy Garcia Says:

        Just a Reply can u please provide me your attorneys information. Please I really need a GREAT Attorney!

      • kp Says:

        What is the name and number of your lawyer?
        I would really appreciate your respond.
        In desperate need of a miracle.

      • Susana Says:

        Can u pls writte me back at my e-mail I’m in the same situation and I’m trying to appeal my case. Thank u soo much. My email senia41606@hotmail.com

      • kp Says:

        Again, the name and number of your attorney would really help me.
        Please contact me at xokp1026xo@gmail.com
        Your help would be truly appreciated.

      • Tamara Jones Says:

        I have a similar situation with my mother who falsely claimed US citizenship. She was living here in the US since I’ve been born (45 yrs) until 2 years ago when she made the mistake to go back to Canada to visit here dying brother. She worked in the US., paid taxes ect…but was not a legal citizen. Now two years ago she was denied entry back into the US and has been there ever since. As her 47 year old daughter, I’ve been petitioning to have her come back to the U.S., and today (8/25/15) her interview with the immigration office in Calgary denied her a green card based on false claim of citizenship. Is there any hope for her. After reading this article it seems hope is all lost…that was until I read this post.

      • Mago Says:

        Did you ever give the name of your lawyer, I am in the same situation, could really use the help.

    • Tiffany Says:

      Hey pat i have a question can she go con visa de turista?

    • eduardo lobo Says:

      Hey I just open an account on twitter just lets pressure and have faith the account name is the name of this law.

    • Monica Gutierrez Says:

      Pat Klaver I understand the pain you are going thru!!!!!!!! You are not the only one…..

  3. Kevin Says:

    We’ve begun a petition to the US Congress and President which can be signed until July 4, 2011.

    This petition asks for two changes to the INA 212(a)(6)(C)(ii) clause: 1) Reinstatement of a reasonable time limit on the admissibility bar, and 2) Creation of a discretionary waiver for the immediate family members of US citizens and lawful permanent residents.

    The petition link, to be signed by July 4, 2011 is:


    We support a strict immigration code that is actively enforced. For foreigners intent on coming to the US to be productive contributors to society, our immigration code should be functional enough so they choose the legal route because it is reasonable, rather than the illegal route.


    • monica Says:

      hi kevin, what happen to this form, i wish i could of known about it before july 4, i would of done so much to try to get that to 1,000 signatures, my father is in the same situation. if you have any information please let me know thank you

      • Kevin Says:

        This petition effort is now working with American Families United (AFU) at


        to make positive changes to immigration laws for the benefit of US citizens and lawful permanent residents and their immediate families.

        The “false claim” issue 212(a)(6)(C)(ii) is one of the issues AFU is working to improve. AFU is a non-profit social welfare organization founded in 2006 which works with lawmakers using a straight forward, member-driven approach to help improve the law. Please consider joining and supporting American Families United.

    • eduardo lobo Says:

      Kevin please do the petition again let’s pressure and sign the petition and look on twitter for the this account let’s keep doing something!

    • Hello Kevin.
      I tried to sign the form ont the site that you provide, but I cannot. I see the page and everything but I cannot sign.

  4. Michelle Malkin » “Undocumented” folly: A liberal reporter’s illegal alien sob story Says:

    […] the rules would have meant a 10-year bar to reentry into America. Making false claims of citizenship is a felony offense. Document fraud is a felony […]

  5. Daniel Says:

    My mother is going through the same situation but she made a claim before Sept 30, 1996. Is this still a solve-able solution, or does that still makes her inadmissible ?

  6. Please help us to get our love ones closer and live in this great country to change this law Says:

    HELP to get our love ones closer and live in this great country. Change this law

  7. wendy Says:

    iam facing the same ban what is ur lawyers name?

  8. judy Says:

    My husband is a legal resident but now is being questioned because on one of the i-9 forms he did sign as a us citizen, can he be deported for this or is there any hope?

  9. Tiffany Says:

    This is such a sad situation for everyone who is dealing with this. My husband also made the mistake of claiming false citizenship. This happened years ago, and he was able to go through with all of his filings. When the time came for his appt to get his green card, he was denied due to this. Then deported. He has to be out of the country for 10 years before he can reapply. This situation has turned out lives upside down. We now have 6 years living in Mexico. It seems like we keep running into dead ends. I would love to have our family all back in the USA. If you know of any one who could help it would be appreciated.

    • Kevin Says:

      Tiffany, sorry to hear about the situation with your husband. May I suggest finding support at American Families United? They are making a positive difference for US citizens whose spouses have immigration difficulties. They work with lawmakers to support US citizen constituents and to make improvements to the law.


      Hope this helps…

  10. wdalva Says:

    anything new on this toppic????

  11. Tiffany Says:

    is such a sad situation for everyone who is dealing with this. My
    husband also made the mistake of claiming false citizenship. This
    happened years ago, and he was able to go through with all of his
    filings. When the time came for his appt to get his green card, he was
    denied due to this. Then deported. He has to be out of the country for
    10 years before he can reapply. This situation has turned out lives
    upside down. We now have 6 years living in Mexico. It seems like we keep
    running into dead ends. I would love to have our family all back in the
    USA. If you know of any one who could help it would be appreciated.

  12. cynthia Says:

    @Tiffany, similiar situation with my husband, the difference is mine has a 20 yr ban. There’s talk about President Obama’s new immigration rule. Anyone hear or know anything about it. Does it benefit families like us??

  13. Gracie Says:

    I have a question in regards to this topic. I have a family member who falsely claimed US citizenship when she entered this country as a 16yr old girl. Years passed, she married a US citizen, had a family and applied through her husband for permanent residency. The application process was fairly quick and without problems, until that is, she traveled to Cd. Juarez Mexico to complete the process. In the interview with the US officer, she admitted to claiming US citizenship and she was a given the “kiss of death” ban. Now she is trying to achieve permanent residency as an abused spouse of a US citizen. We she be able to gain permanent residency this way? Any information is greatly appreciated.

    • monica Says:

      Hello, my father is currently going through this process. and he did the same with the spouse abuse. I am sorry to tell you that he was not able to settle things with this application even thou he was able to receive this work permit and his licencee. is kind of a limbo situation. now he has gotten marry again and his trying to do a processes all over again, wish you the best luck and all i can tell you is to make sure you have a good lawyer, one that is committed to fight with you. any other information about this will be greatly appreciated. 🙂

    • Hi Gracie i saw your topic dated march 19,2012, its very interesting because we went thru the same process in juarez and we were denied the application in 2006. If you or your family member have any advise for us, please let us know. God Bless you and thanks.

  14. im in the same boat with the same identical problems. need help

  15. need help also i have the same prob lems

  16. Juan Says:

    its hard to find an aswer for this situation..right now my case is handed to heartland immigration..good luck amigoss

  17. Juan Says:

    whats the attorneys name the holds false us citizen charges…..help meeeeeeeeeeeeeeee

  18. Jose Menchaca Says:

    We are going through the same situation, my wife actually never claimed to be a US citizen, she had a tourist visa and she was crossing with some friends (US citizens), the driver said he was US citizen, my wife took out her visa and because she had been attending high school in the US the agent took her visa away. Now she just received a notice of denial based on this rule, we have a good lawyer but all of these cases are making me very nervous and uneasy.

  19. jamericanprincess Says:

    Please join American Families United!! This is a very simple inexpensive way to be a part of the change in immigration laws! American Families United is founded by families, for families. We have lobbyists in Washington and we are pushing for immigration reform and waivers for permanent bars. The best lawyers in the world can’t change the law. Legislation changes need to happen in order to bring relief to many of us, myself included. Together we can make a difference. Please join and help us help you.

    • eduardo lobo Says:

      Let’s do it and join on twitter also for pressure on the media let them know that we exist!, the account has the name of this horrible law!

  20. Juan Says:

    is there any hope for falsing us citizen..a lawyer told me that he could do something about it if all my family members have legal status whiche they do ( us cititzen .LPR and with citizenship already except me that am unable to hold a green card…i dont know if i should go for it i heard theres no awaiver for this inccident…=( help pleasee..i wanna get outta of mexico asap ..i cant no longer stay here anymore it is so violence and dangerous..thanks

  21. Linda Says:

    My parent got me a fake birth certificate to get a ss# and i had voted and gone to jury duty but know that a passport is required my dad told me I cant im not a us citizen dont know what to do im consider to be a criminal without even knowing this is devastated dont know what to do im married have kids and own 2 houses i need help do i have any hopes of one day having a waiver from the “kiss of death” should i just leave everything and get out US but how i came here thinking i was a us citizen that i was born here and months old took back to my parents city then when i was 8 stay here know im 30 and find out this devastated news about my origin all my dreams are gone dont know what to do need help……..

  22. Patty Says:

    I had terrible case also.i got denied for adjust status I 485 (greencard) because on 2006 I apply the job at the restaurant fill the form I – 9 but my English is not that good .Me and my couple friend help me to fill the form but even I’ m not claim to be a citizen I can get the job because my friend refer me there that I have no idea why I have to claim to be a citizen just by make mistake .if I write it
    I’m a citizen that I know totally my fault.Now I have 30 day to do reconsider or re-apply greencard .Did anybody have any idea about that?
    Thank you very much.

  23. Marcia Says:

    You can make a false claim after 09/30/96 and still receive residency and citizenship. Hundreds have done it with the U visa, including my clients. Where normally marriage fraud and false claims to citizenship are fatal – by filing an I-192 with a U one can still be admissible. Also the AAO has several holdings where a false claim to citizenship, even made to an immigration undercover agent, is not an in admissible offense. I have helped people successfully overcome this issue in some instances. PerezImmigrationLaw.com

  24. […] the rules would have meant a 10-year bar to reentry into America. Making false claims of citizenship is a felony offense.Document fraud is a felony […]

  25. Patty Says:

    Please join Americanfamiliesunited.org
    My husband has te false claim to citizenship also and I have found support in this group. They are wonderful people working for our cause February 13 and 14 of this year (2013) they visited over 50 members of congress/senators and had positive response from them. We are in a key point for immigration changes but we need more members we need to show there are thousands of families affected by the laws from 1996. Please ad them on Facebook as well! Lets unite and make a difference!

  26. Irene Says:

    hello am going trou the same situation have spend lots of money in lawyers supposlly good and nothing my husband enter the usa he enter to the usa when he was 18 20 years ago hes in dominican republick and interview twice denied twice please help cant find no help nowhere 😦

  27. alex Says:

    hi i just found out yesterday that i made the bigges mistake of my life, without knowing it was a crime to claim citizenchip, i did in order to odtain employment to support my 8 us citizen children and us citinzen wife,I have a valid drivers licence and a ssn,my lawyer told me that there is chance tha immigration may overlook it and grand me the 601A waiver because of the number of kids we have , but its not a guaranteed, i really dont wanna have to take my children to el salvador and go thru all the bad things i went thru, I live in this country for 20 years and this is the only crime i’ve done. please any ideas I pray to god that everything is gonna come out ok …please helppp

  28. Guerby Says:

    Hey guys first of , I feel sorry to everybody that in this situation.
    I just solved this case myself , God, immigration knolodge and good family support. It`s not something light that even lawyer could solve most of the lawyer are there will discourage you because they will have to put a lot of effor into it. I came to united State with a U.S passport claimed that was a citizen in 1999, then got caught in florida. I filled for asilym than got denied . Automatically i was on deportation list . I have contact it a several lawyers some are ikept on lie to me and some stole my money. Finally i left the country to Canada after 6 years an half . A month ago i went back to united stated to get my green card which was issue to me for 10 years. This is was the happiest moment of my life despite everything i went through. The only thing i could tell everybody in this situation do not lose hope the Lord could help you though it . After my first interview the only thing that save me it`s because my wife and my kids are American Citizen in order to be granted for the waiver. I do not remembered them now but if somebody want some help regarding this case . i could help and i strongly beleive i could get anybody out of this situation better than a lawyer would cause even lawyer couldn`t anything for me . i did everything alone from A to Z. if somebody want help in this situation e-mail me doublef 2013@hotmail.com

  29. Guerby Says:

    Alex shout me an e-mail so we could talk about it .

  30. Guerby Says:

    Irene i undestand what you going through shout me an e-mail and we will talk about it .

  31. p. r. Says:

    im sorry. I hope everyone get help. god blessed u all. okay. ive a quest. when u hav no money, but need a great lawyer, then what?
    im in sam boat. ive filled voters req and res a voters cd. but, did not use it. years later I ask them to take my req off. they did. but, too late. I was found qulity of claiming citizenship. but, its untrue. I did not know to law. my spouse did not know the law, and is a u. s. citizen. we need help. thank u.

    • Ale Says:

      Hi. Something similar happen to me and as a result I am not able to adjust my status even though I have been married for 17 years to a U.S citizen and a veteran of the Marine Corps, however I just learned about a bill that can benefit your wife and many others like myself. Please google it. It’s call HR 1036, the American families United Act. Contact your local congressman via letter or email and ask him to cosponsor this bill. I have been doing that. Good luck!

  32. cleto Says:

    hola chios desde el 2006 estoy viviendo en mexico casi pierdo a mi familia mi esposa e hijos us citizen a sido muy dificiles anos y espero que esto cambie algun dia cuando lei lo que dice gueby me dio gusto.creo que hay mchas familias por donde quiera que sufren porque una ves sin saver las consecuensias mentimos.

  33. Kamal Says:

    Our assylum case hearing is in 2018 and my husband get charged with felony in domestic violence case, right now there is restraining order on him and judge not modified that due to serious police report, is there any way to save him?

  34. Linda Says:

    Back in 1997 my father wanted to move to the US, as a child I went were he went. He filled for a green card/work permit. Because we wanted to learn the country before moving we visited it a couple of times. In februari 1999 we were not allowed the reenter US, I was 16 at the time. Unfortunaly my father passed away in september of 1999. I rebuild my life in the netherlands. Now 16 years later i want to visit US for a holiday, but was denied on esta form. Applied for tourist visa, went to interview and was told that I told immigration officer in feb of 1999 that I was US citizen. I don’t remember saying this! If my father said this I don’t know, can’t ask him. Just found out that tourist visa is refused a couple of days ago, don’t have anything on paper on the why and if it is for the rest of my life. Feel really sad and confused, feel like that something I didn’t say causes a ban on visiting US. Any tips are welcome.

  35. cristian Says:

    I am a US citizen and me and my wife married in mexico. She got caught trying to enter the US with someone elses Birth Certificate. We were not married at the time when she got cought and was deported for a period of 5 years. I was not a citizen and the time when she tried to come over on her own and got caght. Can i petition for her to get her here into the US with a Green Card? Please help.

  36. Maria Says:

    I’m also going threw this horrible situation back in 2003 i was 19yrs I said I was a citizen and got deported. Now I’m 32yrs have daca but trying to get my green card threw my husband he’s a us citizen i have two us citizen kids. I also have advance parol and I’m scared to use it since there is no waiver for us yet I might be deported and refused reentey. I need help…and I want to help do something so that we can get this removed or a new law that can help us all. Please if you have some information that can help please send me an email to maria2177@gmail.com thank you all. #ingodwetrust#support#strenght#familystogether#its time

  37. ART SALES Says:

    New Policy on Minors and False Claims to U.S. Citizenship

    Sep 24, 2013
    Sarah Bronstein
    In two separate letters to Senator Harry Reid of Nevada, the Departments of State (DOS) and Homeland Security (DHS) indicated that both federal agencies are adopting a new policy regarding minors who make false claims to citizenship. The letters, dated August 29, 2013 and September 12, 2013, state that the agencies have conducted a review of the false claim to citizenship ground of inadmissibility and have concluded that there are circumstances in which this ground of inadmissibility should not be applied to individuals who are under the age of 18.

    The false claim to citizenship ground of inadmissibility, INA § 212(a)(6)(C)(ii), applies to any foreign national who, on or after September 30, 1996, falsely represents himself or herself to be a citizen of the United States for any purpose or benefit under the INA or any other federal or state law. The issue of how this ground should be applied to minors has long been a contentious one. The State Department issued guidance on this issue in April 2013 indicating that this ground of inadmissibility would not be applied in certain circumstances to claims made when the non-citizen was under the age of 18. However, this guidance was quickly retracted.

    In this latest guidance, DHS and DOS clarify that in order for a false claim to trigger this ground of inadmissibility, it must be made knowingly. In addition, the agencies set an affirmative defense to this ground where: 1) the individual was under the age of 18 when the false claim was made, and 2) at that time he or she lacked the capacity to understand the nature and consequences of the false claim. The burden is on the non-citizen to establish these elements clearly and beyond doubt.

    Both agencies indicate in their letters that this guidance has been provided to the field and that the Adjudicator’s Field Manual (AFM) and the Foreign Affairs Manual (FAM) will be updated to reflect these changes. The letters further state that the agencies are discussing procedures for individuals who were previously found inadmissible due to a false claim to citizenship made as a minor. We will update you as developments continue.

  38. ART SALES Says:

    Obama Administration Rewrites Law to Forgive False Citizenship Claims by Minors
    By Jessica Vaughan, September 27, 2013
    Aliens who have been caught in the serious fraud of falsely claiming to be U.S. citizens are no longer prevented from obtaining immigrant visas or other immigration benefits if they made the false claim before they were 18 years old — despite what the law says — thanks to a new directive from the Department of Homeland Security.

    California Map
    On December 6, 2012, the Department’s General Counsel informed the State Department and U.S. Citizenship and Immigration Services that consular officers and benefits adjudicators should stop denying applicants under Section 212(a(6)(C)(ii) of the Immigration and Nationality Act. This section says:

    (I) IN GENERAL- 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 (including section 274A) or any other Federal or State law is inadmissible.

    Pretty clear. The only exception Congress created is for the extremely rare case where the alien’s parents are or were U.S. citizens and the alien lived in the United States before the age of 16.

    Congress, in its sole authority to write immigration laws, has deemed it fit to provide exceptions for juveniles in other parts of immigration law, notably other criminal offenses, but not this one. Aliens who are caught knowingly lying about being a citizen for any reason, whether to avoid being discovered as an illegal alien or to obtain some benefit, such as a driver’s license or in-state tuition, may not receive a green card or immigrant visa, period. Until now.

    This new (illegal) directive came to light after Senate Majority Leader and amnesty-enthusiast Harry Reid (D-Nev.) wrote to the State Department on August 1, 2013, complaining about a case in which a consular officer followed the law and denied an immigrant visa to an applicant who apparently had made a false claim to citizenship as a juvenile. It seems that State Department headquarters hadn’t quite gotten around to updating its guidance to the field, and a rogue officer who looked to the real law for guidance went off the reservation by denying the applicant, who must have good contacts in Nevada. I suppose that some consular officers’ careers are now severely damaged, but the applicant who got caught lying gets the immigrant visa.

    The American Immigration Lawyer’s Association recently posted the documents on their web site to spread the word.

    This and other examples help explain why many are so skeptical of the President’s stated commitment to enforcing immigration laws. Reps. John Carter and Sam Johnson of Texas recently abandoned efforts to write a bipartisan reform bill on these grounds:

    Instead of doing what’s right for America, President Obama time and again has unilaterally disregarded the U.S. Constitution, the letter of the law and bypassed the Congress – the body most representative of the people – in order to advance his political agenda. . . . If past actions are the best indicators of future behavior; we know that any measure depending on the president’s enforcement will not be faithfully executed. It would be gravely irresponsible to further empower this administration by granting them additional authority or discretion with a new immigration system. The bottom line is – the American people do not trust the President to enforce laws, and we don’t either.

  39. ART SALES Says:

    Important Change to Policy on False Claims to Citizenship
    Post Date: 12/18/2013| Print Friendly

    By Ben Loveman & Nancy E. Miller

    The Department of Homeland Security (DHS) and Department of State (DOS) recently enacted an important change to their interpretation to the law which permanently bans those who have made false claims to being a U.S. citizen. The change means that persons who previously were refused immigrant visas or had their applications for adjustment of status denied may now be eligible for permanent residency in the United States.

    Since September of 1996, non-citizens who made false claims to U.S. citizenship “for any purpose” have been permanently inadmissible under the Immigration & Nationality Act (INA). Unlike other grounds of inadmissibility, there is no waiver available. Thus, once this ground of inadmissibility is found to be applicable, a person is forever prohibited from becoming a permanent resident regardless of familial ties, other equities, or mitigating factors.

    The provision has been interpreted broadly as applying to persons who have falsely claimed U.S. citizenship for many different reasons including in employment applications, on Form I-9, in connection with attempts to enter the U.S., and even in loan applications. Further, despite being a highly contentious issue, both DHS and DOS have applied the ban to minors. Before the recent announcement, there were only two exceptions to the permanent ban for false claims to citizenship.

    The first exception is based on the date of the false claim. A false claim to citizenship made before September 30, 1996 does not trigger the permanent bar. Persons having made a false claim to citizenship before this date might still need a waiver for having made a misrepresentation but will not be permanently banned. The second exception is only applicable to persons with two U.S. citizen parents, who resided permanently in the United States prior to age of sixteen, and who reasonably believed that he or she was a citizen. Aside from these two exceptions, persons having made a false claim to citizenship can only gain entry to the United States as non-immigrants with work or visitor visas and only if they are granted a non-immigrant visa waiver under Section 212(d)(3) of the INA.

    However, in two separate letters to Senator Harry Reid of Nevada, the DOS and DHS signaled that both federal agencies are ushering in a new interpretation of the false claim to US citizenship bar. The two letters, dated August 29, 2013 and September 12, 2013, indicate that the agencies have concluded that there are some circumstances under which this permanent ground of inadmissibility should not be applied to individuals who are under the age of 18.

    Importantly, the new policy does not expressly limit itself in applicability only to minors having made false citizenship claims. Both DHS and DOS provided clarification of how the agencies will apply the false claim to citizenship ground of inadmissibility. Both agencies state that the false claim ground to inadmissibility will not be triggered unless the false claim is made knowingly. In addition, the agencies set an affirmative defense to the applicability of the inadmissibility ground where: 1) the individual was under the age of 18 when the false claim was made, and 2) at that time he or she lacked the capacity to understand the nature and consequences of the false claim. The burden of proof in these cases will be on the person who made the false claim to establish these elements clearly and beyond doubt in order to escape a permanent ban.The agencies state in their letters that this new guidance has been provided to the field officers and will be implemented immediately.

    Clearly, this new guidance is directed at removing the permanent bar in cases of children who have made false claims to citizenship before they were old enough to understand the consequences of their actions. The policy is welcome and laudable on this basis alone. But the new policy may also open the door for adults who have made false claims to challenge the permanent bar if they can establish that the claim was not made knowingly.

    It remains to see just how broadly the new policy will be implemented and if it will provide relief for those who were not minors the time they made false claims to citizenship. If you or a loved one believes this change in policy may affect you, it is crucial that you consult with an experienced and reputable immigration attorney who can assess your case and determine the best course of action.

  40. Kaylene Says:

    What if the claim was not made by the alien? My husband was denied due to falsely claiming to be a us citizen. On the i9 form he only signed his name and date. His general manager at taco bell filed out the top section and bottom. He didnt even fill out the second part thats for the person whom filed out the top if the person needed an interpreter. We have hired a handwriting specialist which confirmed my husband didn’t full it out. Also the form said my husbands ssn and Id was verified which if it was then the supervisor had the obligation to make sure he could work in the us since his ssn said not authorized to work without permission. He failed to check that. Is there any hope for a situation like this?

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