Falsely claiming citizenship. A retraction is timely if the individual corrects the false claim to U.S. citizenship before an immigration or government official questions the truthfulness of the statement or concludes the proceeding where the false claim was made. Fortunately, the answer is yes. On the form N-400, Application for Naturalization (citizenship), Questions 1, 2, & 3 under part 11, all pertain to making a false claim to citizenship by way of In many cases, you can only correct a false claim to U.S. citizenship through a "timely retraction." If you ever made a false claim to citizenship, request a personal consultation with a qualified immigration attorney before you apply for any immigration benefit. Cancellation cases are hard enough, but when both clients (husband and wife) made false claims to U.S. citizenship? See, e.g., Matter of R R , 3 I&N Dec. 823 (BIA 1949). There is no waiver available to waive a false claim to U.S. citizenship status. 1324a]) or any other Federal or State law is inadmissible. to replace a certificate of citizenship); cf. Before 1996, false claims to U.S. citizenship could be waived. If the non-citizen in this case 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. The false claim was not for a purpose or benefit under immigration law or federal or state law. The doctrine is of long standing and ameliorates what would otherwise be an unduly harsh result for some individuals, who, despite a momentary lapse, are generally honest and are seeking to correct their mistake. If you make a false claim, can you take it back? II. Even a false citizenship claim that is an honest mistake can cause problems. Few people realize that out of all the grounds of inadmissibility, making a false claim to US citizenship is one of the most devastating. I. A false claim can come up in a number of ways, often times by mistake. Admitting to the false claim of U.S. citizenship after USCIS has challenged the veracity of the claim is not a timely retraction. Consequences for falsely claiming U.S. citizenship An alien would falsely claim U.S. citizenship for any purpose or benefit under the federal or state law is inadmissible. 911; 8 U.S.C. For this defense to work, you would have to timely and voluntarily take back your false claim and correct the error before the lie is exposed or is about to be exposed. What happens if an individual has already received a certificate of citizenship or a certificate of naturalization? Presently, for any claims made after September 26, 1996, no waiver exists. & N. Dec. 118 (BIA 1960); Matter of RR, 3 I. A false claim to U.S. citizenship is a serious matter and has extreme consequences. 18 U.S.C. Citizenship. It's not the same thing as being caught and then simply admitting the truth. Citizenship, F. Timely Retraction. 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. 9 FAM 40.63 N4.6. There was none timely retraction ifor the claim. If you have questions you can: Call our knowledgeable staff at 888-695-6169; Fill out our contact us form on this page; or. Matter of M-, 9 I&N Dec. 118 (BIA 1960) (false testimony to an Immigration officer at an airport with voluntary and timely retraction). Moreover, there is no waiver available for false claims to citizenship, and there is limited relief from removal available to non-citizens who falsify their citizenship status, either knowingly or unknowingly. 2. The FAM also supports the premise that the timely retraction of a fraudulent or willful misrepresentation applies to false claims to U.S. citizenship. It must be voluntary and without delay. A false claim to U.S. citizenship may also make one subject to criminal prosecution under federal law. False Claim to US Citizenship - Allan S. Lolly & Associates The Doctrine of Timely Retraction can undo the lie and the attending bar that goes with it. This means that a foreign national who falsely claims to be a US citizen will not generally be able to obtain a green card based on an approved petition. USCIS recently supplemented its Policy Manual with a new section of false claims to US Citizenship. 4. Determining False Claim to U.S. Applied to the problem outlined above this rule has profound implications, because if Matter of K- remains good law, then false claims to citizenship should be waivable.. A timely retraction means you voluntarily corrected the false claim before it was challenged by immigration or other government officials. One of the most difficult inadmissible offenses to deal with is called False Claim to U.S. The false claim was made prior to September 30, 1996, when the law took effect. A false claim to U.S. citizenship creates a lifetime ban to obtaining permanent residence through a family or employment-based petition. In pre-1996 cases, the BIA had long recognized that a timely retraction of a false or fraudulent claimincluding a false claim of U.S. citizenshiphas the effect of withdrawing the claim. Also, when the child makes a claim, he/she must reasonably believe he or she was a citizen. The false claim was not intentionally or knowingly made, particularly if you were a minor at the time. Making a false claim to U.S. citizenship is a deportable offense and a bar to permanent residence. The BIA also held that an alien's recantation of the false testimony about one year later, and only after it became apparent that the disclosure of the falsity of the statements was imminent, was neither voluntary nor timely. Example: The most common example of this is claiming to be a US citizen for purposes of employment. False U.S. citizenship claims made before September 30, 1996, when the immigration laws changed, does not permanently disqualify you from obtaining a green card or immigrant visa. A timely retraction will typically be one that is made in the same proceeding the false claim was made. As we have discussed, in order to be inadmissible under section 212 (a) (6) (C) (ii) of the INA, the individual's false claim to U.S. citizenship must have been made on or after September 30, 1996. The Boards analysis in Matter of K is fairly persuasive.It said the purpose of a waiver for fraud is to keep families together, and that a generic waiver should be interpreted as far as possible to permit 1541-46. Step 5: Does a statutory exception exempt the individual from the inadmissibility grounds? Even if the job does not require US citizenship per se , it would still be considered a claim made to achieve a benefit under federal law, and it would be considered material. Mark Barr, John Patrick Pratt and Tarik Sultan, False Claims to US Citizenship Immigration Practice Pointers, p. 170 (2011-12 ed.) 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. If the false claim was timely retracted or immediately removed voluntarily by the applicant and the non-citizen did not avail any benefits from it. Timely Retraction If you timely and voluntarily retract your false U.S. citizenship claim, you will probably not be found inadmissible or removable. Citizenship and other fraudulent claims may cure visa fraud. In other words, if a false claim to citizenship was made to an employer in order to get a job, it would not be a timely recantation to take back the false claim when applying for a greencard or naturalization. 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. Making a false claim to US Citizenship is both a ground of inadmissibility under INA 212(a)(6)(C)(ii) and a ground of deportability under INA 237(a)(3)(D). Claiming to be a U.S. citizen in any of the cases mentioned above is illegal. This essentially means that an individual can possibly be deported/removed on this basis, or in the context of applying for a green card, denied. Thus, if an applicant made a false claim to U.S. citizenship before this date, they may be inadmissible for willful misrepresentation or fraud, but not for falsely claiming U.S. citizenship. If the form I-9 or any other false claim was retracted before it was exposed to an immigration office, it may still be considered a timely retraction. On appeal, counsel contends that the applicant made a timely retraction of the misrepresentation that he was a U.S. citizen, as he correCted himself after being referred to secondary inspection, and therefore the applicant is riot inadmissible under section 212(a)(6)(C)(ii) of the Act for a false claim of U.S. citizenship. A determination of whether a retraction is timely is made on a case-by-case basis. Select our live chat feature to speak to someone right away. INADMISSIBILITY - VISA FRAUD - TIMELY RETRACTION Counsel can argue that a timely retraction at first opportunity of false claim to U.S. 15 See 9 FAM 302.9-4(B)(6). It may also constitute a & N. 823 (BIA 1949). Traditionally, the defense of timely retraction was allowed to cure a misrepresentation. the child reasonably believed, when making the false claim to citizenship, that he or she actually was a U.S. citizen. Otherwise, the false claim will likely result in inadmissibility. The only other exception to the consequences for a false claim is if there is an immediate and voluntarily retraction of the claim claim before it is exposed (otherwise known See 9 FAM 302.9-4(B)(3). 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 of benefit under this chapter (including section 274A of this Act [8 U.S.C. It should be noted that a timely retraction doesn't guarantee that you won't be prosecuted for violating the law. 9 FAM 40.63 N. 4.6; Matter of M, 9 I. Generally, a retraction is timely if it is made at the first opportunity and before the conclusion of the same proceeding during which an individual made the misrepresentation. 1. You have to prove that the false claim was either recanted, or not a false claim as a matter of law. 3. Determine whether foreign national timely retracted the false claim to US citizenship. Before September 30, 1996, misrepresenting ones citizenship and pretending to be a U.S. citizen to obtain immigration benefits is considered a ground for inadmissibility. Timely Retraction The oops, my bad Defense Most often applicable in the border-crossing or airport port-of-entry context, a timely retraction of a U.S. citizenship claim may serve as a defense in certain situations. This timely retraction acts as a defense, and the inadmissible rule does not apply. See, e.g. 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.
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