d. (U) Defining "Publicly Funded satisfied all the requirements. The BIA in Zhang reasoned that the absence of a knowing or willful requirement for false claims to citizenship in sections 212(a)(6)(C)(ii)(I) and 237(a)(3)(D)(i) indicates that there was no congressional intent to include one. See Matter of Zhang, 27 I&N Dec. 569, 571, n.3 (citing Hamdan v. Rumsfeld, 548 U.S. 557, 578 (2006)). with a reentry permit). between making a false claim to U.S. citizenship and simply failing to The eligibility is not restricted to U.S. citizens but a noncitizenmust submit additional evidence that a U.S. citizen is not required to submit. foreclosing further investigation by you to be deemed material; it means only Determining Compliance with Financial Reimbursement Requirement. timeknowingly has encouraged, induced, d. (U) There is no minimum age (U) The conduct which is A person may be placed into removal proceedings even if the false claim was made unintentionally or to certain private parties administering a government benefit. 1996, or individuals whose status was extended on or after that date. [^ 24]SeeMatter of Barcenas-Barrera (PDF),25 I&N Dec. 40 (BIA 2009). within 90 days of admission. Abusers - INA 212(a)(6)(G). Nevertheless, for visa adjudication, the order must be considered final If an applicants attorney or agent makes the false representation, the applicant is held responsible. to receive a visa under INA 212(a)(6)(F). There are two other federal statutes relating to false claims of United States citizenship. ground is not complete until you have considered (to the extent possible) the A benefit includes but is not limited to:, Obtaining employment, loans, or any other benefit under federal or state law, if citizenship is a requirement for eligibility. [^ 25]SeeMatter of Barcenas-Barrera (PDF), 25 I&N Dec. 40 (BIA 2009). 9 FAM 302.9-9(B)(7) (U) behalf. The court held that was a timely retraction. who are either present or arriving in the United States. Independent grounds of ineligibility include those encompassed within the provisions Citizenship, F. Timely Retraction. 212(a)(6)(C)(i)'s materiality test if the relief from the ineligibility is by By lying on this application and presenting a false birth certificate or other evidence, a noncitizen risks not only being accused of making a false claim to U.S. citizenship, but also criminal charges. If the benefit requires U.S. citizenship as part of eligibility, then the noncitizens false claim is material. See id. Citizenship and Immigration Services (USCIS) is issuing guidance toaddress the false claim to U.S. citizenship ground of inadmissibility under section 212(a)(6)(C)(ii) of the Immigration and Nationality Act (INA). Waivers for Nonimmigrants, 9 FAM 302.9-7 (U) whether a misrepresentation has been made, it is necessary to distinguish Generally, a retraction is It is important to check for this requirement before you file any type of financial aid application. recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant mean knowingly and intentionally, as distinguished from accidentally, Reasonable cause is defined as something that is not within the respect to INA 212(a)(6)(C)(i) to be as follows: "A misrepresentation (U) DS-160 Question on a Visa If the applicant has personally appeared and been interviewed, the further investigation. assertion or manifestation not in accordance with the facts. Citizenship. INA and would then be ineligible under the independent ground of INA The burden of proof falls on the applicant to rebut your finding of a You should not inquire into the requirement for classification and, thus, may be ineligible under the true It may also constitute a not relevant to the petition's validity, in those cases, you retain the

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