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False Claims to United States (U.S.) Citizenship
False claims of U.S. citizenship can be made intentionally or unintentionally. Still, the consequences of making such claims may significantly affect a non-citizen’s legal status.
Non-citizens found guilty may jeopardize their ability to apply for U.S. citizenship. They may also face deportation by the U.S. Citizenship and Immigration Services (U.S.C.I.S.).
False citizenship claims can lead to civil and criminal charges. Knowing how a false claim to U.S. citizenship can jeopardize your status is important if you are seeking citizenship or lawful permanent resident status.
Immigration Law and Falsely Claiming Citizenship
The Immigration and Nationality Act (I.N.A. 212(a)(6)(c)(ii)) prohibits false representation of citizenship and imposes a permanent admission bar on offenders.
A non-citizen that falsely claims or has falsely claimed that they are a U.S. citizen for any reason or benefit under the I.N.A. or any federal or state law can be deported and will not be eligible for admission.
Offenders arrested at a U.S. port of entry may face immediate deportation. Non-citizens may be placed in removal proceedings to await a hearing before an immigration judge.
Determining Inadmissibility for a False Claim to U.S. Citizenship
The U.S.C.I.S. will decide whether an individual can remain in the United States after falsely claiming citizenship. According to the U.S.C.I.S. policy manual, a non-citizen who makes a false citizenship claim may not become inadmissible, thus not getting deported, if they meet the following criteria:
- The false claim was not made to obtain an immigration benefit under the I.N.A., state, or federal law
- They retracted the claim willingly and timely
- They are statutorily exempt from inadmissibility
- They are eligible for an inadmissibility waiver
It’s important to note that a non-citizen may be found inadmissible because of a false claim to U.S. citizenship only if the claim was made on or after September 30, 1996. If it was made before, the non-citizen may still face deportation but for fraud or willful misrepresentation rather than falsely claiming citizenship.
If you believe that you have unintentionally made a false claim to a government official or private entity during your oral interview or when submitting documents for your visa application, a naturalization & citizenship lawyer can help.
Are There Exceptions or Waivers to False Claims of Citizenship?
Falsely claiming U.S. citizenship will make you inadmissible and unable to get a non-immigrant visa. However, there are statutory exceptions and waivers of inadmissibility for false claims made on or after September 30, 1996, when the Illegal Immigration Reform and Immigrant Responsibility Act (I.I.R.I.R.A.) took effect.
Non-citizens seeking lawful permanent residence cannot usually obtain waivers of inadmissibility for false claims unless they qualify for other statutes.
The I.N.A. stipulates that a non-citizen who falsely claimed citizenship may be exempt from inadmissibility and deportation if:
- The natural or adoptive parent of the non-citizen is or was a citizen by birth or naturalization at the time of the claim.
- The non-citizen permanently resided in the U.S. before turning 16.
- The non-citizen reasonably believed when making the false representation that they were a citizen.
Non-citizens may still seek permission from the U.S.C.I.S. to enter the U.S. They may request a cancellation of removal proceedings in immigration court. However, they may be required to prove good moral character.
There are exemptions available for certain non-citizens seeking permanent residence, including:
- Non-citizens who have continuously resided in the United States since January 1, 1972 (they can still apply for a Green Card through Registry);
- Special immigrant juveniles who are seeking to have their status adjusted.
Common False Citizenship Claim Cases
There are several situations in which a false claim can be made, including:
- When filling out Form I-9, Employment Eligibility Verification
- When responding to oral interviews
- When you register to vote in a state or federal election
- When attempting to meet the requirements for a driver’s license
- When completing a student loan application;
- When filing immigration applications
- When seeking government assistance such as benefits, loans, or licenses
- By using forged U.S. citizen documents to obtain employment
- By using forged U.S. citizen documents at a U.S. port of entry
Penalties for False Claims of Citizenship
Foreign nationals accused of false citizenship claims may face various consequences. They could be charged with document fraud and other-related offenses.
Non-citizens with documented lawful status in the United States who have used fraudulent documents to obtain that status may face fines, imprisonment, or both when convicted.
Some of the consequences for making false claims include:
- Deportation from the country or being placed in removal proceedings
- Permanent ineligibility for future immigration
- Inability to return to the U.S., even on a visa
- Inability to gain future legal status in the country
Fighting a False Claim to U.S. Citizenship Charge
If you are facing a false claim to U.S. citizenship charge, you may challenge it by proving that you:
- Made the false claim before September 30, 1996
- Made the false claim innocently and in good faith
- Didn’t make the false claim, or someone else did (e.g., an agent or representative)
- Didn’t make the false claim to get a benefit under immigration, federal, or state law
- Timely and willfully retracted the false claim
Having an experienced attorney who understands immigration law can make all the difference. With the help of a knowledgeable legal team, you can fight false claims to U.S. citizenship charges and mitigate its consequences. An experienced lawyer may also be able to help you file any immigration appeals or waivers that you are eligible for.
If you have been accused of falsely claiming U.S. citizenship, contact an experienced immigration lawyer immediately to review your case and discuss your options. With the help of a knowledgeable attorney, you can protect your rights and mitigate any potential consequences of this serious charge.
Contact Andrew T. Thomas, Attorneys at Law for Help
Falsely claiming to be a U.S. citizen can jeopardize your chances of getting a U.S. citizenship status. If you believe you have made a false claim, seeking legal advice from an experienced immigration lawyer is recommended.
Establishing defenses against false claims can be a daunting task, especially alone. Andrew T. Thomas, Attorneys at Law, can represent you, defend your rights, and save your future.
If you or a loved one is accused of falsely claiming U.S. citizenship while attempting to enter the U.S., it could seriously affect their immigration benefits and chances.
Our legal team will review the circumstances of the false claim to determine what arguments you can make to preserve your ability to stay in the U.S.
We are familiar with inadmissibility waivers and will fight to achieve a positive outcome for your case. Contact Andrew T. Thomas, Attorneys at Law in Houston, today.