INS ISSUES GUIIDANCE MEMORANDUM FOR PERSONS MAKING FALSE CLAIMS TO US CITIZENSHIP

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 US citizen for ANY purpose or benefit under the Immigration and Nationality Act or any other Federal or State law. The new law applies to false claims to US citizenship made on or after September 30, 1996.

The INS has issued a memorandum to all of its offices to provide guidance on the implementation of this new law. In the agency’s memo, officers are reminded that the law is broader than other laws since it does not just apply to citizenship claims made to obtain an immigration benefit. For example, if someone claimed to be a US citizen in order to vote, then the person would be inadmissible under the statute.

The memorandum also notes that it is not necessary for the claim to have been made to a government official. Thus, a false claim of citizenship can be made to a private individual. For example, an alien who makes a false claim of US citizenship to a private employer on an I-9 Form (Employment Eligibility Verification) on or after September 30, 1996, is inadmissible under the law.

Immigrants found inadmissible under this section of the INA are permanently inadmissible and there are NO waivers available. Non-immigrant visa applicants can, however, apply for a discretionary waiver.

With respect to claims of US citizenship made prior to September 30, 1996, the claim must be related to a claim for an immigration benefit such as for a visa, admission or a US passport and the false representation must be made to a government official. If these two conditions are met, the applicant would still be inadmissible, though a waiver is still a possibility.

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