USCIS Updates Policy on False Declaration of United States Citizenship

The BIA argued that false statements of US citizenship need not be knowingly made for an alien to be deportable under the Immigration and Nationality Act.

 Under the law, an alien is inadmissible or deportable if the alien falsely represents himself or herself as a United States citizen for any purpose or benefit under immigration law or under other federal or state law. The only exception that Congress established to the ground of inadmissibility for false declaration of United States citizenship requires that each parent of the alien is or had been a U.S. citizen, the alien had permanently resided in the United States before age 16, and the alien reasonably believed that he was a US citizen when he claimed to be.

Foreigners applying for refugee status and adjustment of status based on refugee or asylee status, as well as applicants for legalization, may be eligible to apply for an exemption from this ground of inadmissibility. This ground of inadmissibility does not apply to special immigrant minors seeking adjustment of status, nor to registrants.

Matter of Zhang clarified that there is no need for the government to show intent when it comes to misrepresentations of US citizenship. This guide aligns with that decision and addresses the inadmissibility of falsely declaring U.S. citizenship for any purpose or benefit under INA or any other federal or state law, provided the alien made the false declaration as of September 30, 1996.

For more information visit USCIS