This policy alert relates to the specific ground of inadmissibility to address when an alien falsely claims to be a U.S. citizen for any purpose or benefit under the Immigration and Nationality Act (INA) or any other federal or state law. The U.S. Citizenship and Immigration Services is clarifying its policy on screening and vetting processes to detect aliens seeking to defraud or abuse the immigration system, including aliens who make false claims to U.S. citizenship. The USCIS is also actively increasing public awareness among aliens and the public about the consequences of committing immigration fraud.
The clarified policy guidance:
- Specifies that the decision in Matter of Zhang supersedes all prior DHS policy and guidance that provided a defense to the false claim to U.S. citizenship ground of inadmissibility under the Immigration and Nationality Act (INA) 212(a)(6)(C)(ii) based on an alien’s knowledge or legal capacity; and
- Provides the steps an officer should follow to determine inadmissibility under the false claim to U.S. citizenship ground of inadmissibility.
- Explains the factors USCIS considers in determining whether an alien had a subjective intent to achieve a purpose or benefit under the INA or any other federal or state law. For example, explains how it considers age, knowledge, and mental capacity when determining whether an alien had the subjective intent to achieve a purpose or benefit under the INA or any other federal or state law.
- Explains the statutory exceptions to the false claim to U.S. citizenship ground of inadmissibility.
Effective date
This guidance is effective immediately and applies to requests pending or filed on or after the publication date. The guidance contained in the Policy Manual is controlling and supersedes any prior guidance on the topic.
Link
For more information, see the Policy Alert
