The U.S. Citizenship and Immigration Services (USCIS) has issued a significant update to its Policy Manual concerning false claims to U.S. citizenship. This revised guidance, effective immediately, clarifies the severe and often permanent consequences of such a claim, even if it was unintentional. This isn’t just a technical change; it’s a critical shift that could impact countless immigrants and their families. Here’s what you need to know.

Key Takeaways from the USCIS Update

This new policy aligns with the 2019 Board of Immigration Appeals (BIA) decision in Matter of Zhang, which established a stricter interpretation of the law. The core of this new guidance is that a false claim to citizenship doesn’t need to be “knowingly” made to trigger inadmissibility.

The three main conditions that can lead to a finding of inadmissibility under this rule are:

1. An alien made a representation of U.S. citizenship.

2. The representation was false.

3. The false representation was made for any purpose or benefit under the Immigration and Nationality Act (INA) or any other federal or state law.

This means even if you mistakenly believed you were a U.S. citizen when you filled out a form, signed an application, or made an oral statement, you could still be found inadmissible.

The Permanent Bar and Limited Exceptions

One of the most alarming aspects of this guidance is the consequence: a permanent bar from adjustment of status to a green card, and in many cases, a complete bar from ever entering the U.S. This is a life-altering penalty with very few exceptions. Unlike other grounds of inadmissibility, there is generally no waiver available for a false claim to U.S. citizenship made on or after September 30, 1996.

The only narrow exception applies to individuals who:

• Had a U.S. citizen parent.

• Believed they were a U.S. citizen.

• Resided permanently in the United States before turning 16.

• Made the false claim while a minor.

This exception is very specific and a case-by-case analysis. For most people, a false claim means a permanent denial of immigration benefits.

Common Pitfalls and How to Protect Yourself

False claims can happen in many ways, from checking a box on an I-9 employment verification form, to a driver’s license application, or even during a conversation with an official. The new guidance emphasizes that these claims don’t need to be made to a federal immigration official; they can be made to a state or local official, or even a private entity like an employer.

Given the severity of the consequences, it’s more crucial than ever to be vigilant. If you’re unsure about your immigration status, do not make any representations of U.S. citizenship. Instead, seek legal counsel to understand your rights and avoid a mistake that could have a lasting impact on your life.

How Our Firm Can Help

The complexities of this new USCIS policy require expert legal guidance. If you have any concerns about a past statement or an upcoming application, the experienced immigration attorneys at Cohen, Tucker + Ades are here to help. We can provide a comprehensive review of your case to identify any potential risks and guide you on the path forward. Don’t let a simple mistake jeopardize your future. Contact us today to schedule a consultation.