FALSE CLAIMS OF CITIZENSHIP

 

INA § 212(a)(6)(C)(ii) is a provision of the Immigration and Nationality Act (INA), which is the main body of law governing immigration to the United States. This provision deals with inadmissibility to the United States on the grounds of fraud or misrepresentation. Specifically, it provides that an individual is inadmissible if they have falsely claimed to be a citizen of the United States for any purpose or benefit under the INA or any other federal or state law.

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This provision applies to individuals who make a false claim to U.S. citizenship in order to obtain any immigration benefit, such as a visa, green card, or other immigration status. It also applies to individuals who make a false claim to U.S. citizenship in order to avoid removal from the United States, or to obtain any other benefit under federal or state law, such as a driver's license or other government-issued identification.

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This provision is generally considered to be a strict liability offense, which means that an individual can be found inadmissible even if they did not intend to deceive or defraud anyone, or if they did not actually obtain any benefit from their false claim to U.S. citizenship. It is important for individuals seeking immigration benefits to be truthful and accurate in their applications and interactions with immigration officials, as making a false claim to U.S. citizenship can have serious consequences for their immigration status.

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Determining if you need and qualify for a particular waiver is a complicated process. 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. Understanding the applicable law and taking the right steps is crucial in preventing delays, stopping deportation, and obtaining immigration relief. Apply for an immigration waiver with an experienced immigration lawyer in Miami today.

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Waivers and Exceptions to a False Claim of Citizenship

 

Generally speaking, the question of whether a waiver is available for a false claim of citizenship is wholly dependent on when the false claim took place.

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If the false claim of citizenship was made prior September 30, 1996, a waiver is available under the general fraud or misrepresentation waiver, provided the applicant can show that they have a qualifying relative who would suffer extreme hardship if the non-citizen were not permitted to enter or remain in the United States. 

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However, there is no waiver that exists for false claims to citizenship made after September 30, 1996. Instead, there exists a very limited exception to removability exists for a non-citizen who made a false claim if both of the non-citizen’s natural or adopted parents are or were citizens, the non-citizen permanently resided in the U.S. prior to attaining the age of 16, and the non-citizen reasonably believed at the time of making the claim to citizenship that he or she was a citizen. These exceptions are found at INA §§ 237(a)(3)(D) and (a)(6)(B).

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Contact The Law Office of George K. Gomez, P.A. to discuss your possible eligibility for an immigration waiver.

 

The question of whether a non-citizen has falsely claimed to be a citizen is a fact-intensive one, unique to each individual. There may be circumstances where a statement made is actually not a false claim of citizenship. There may be other circumstances where a timely retraction of the false statement was made, thereby protecting the non-citizen from removal. A conversation with an experienced and knowledgeable immigration lawyer like those at The Law Office of George K. Gomez, P.A., is the first step in determining what steps can be taken to legalize your immigration status.

 

If you need an immigration lawyer or just need more information on the immigration-related legal services we can offer, our service areas, or wish to learn more about our managing attorney, contact us at (305) 539-0991, or book a consultation online.