USCIS updates its law on false claims as citizen

USCIS update

The menace of imposters and false status claims plague even the US immigration. In the efforts to curb them the country has taken precautionary and preventive measures. Lately, new updates to the policy towards false citizenship claims have been released.

US Citizenship and Immigration Services (USCIS), the federal agency overseeing lawful immigration to the United States, is a component of the Department of Homeland Security.

The USCIS updated the Policy Manual to align with the Department of Justice’s Board of Immigration Appeals’ (BIA) decision in Matter of Zhang taken as a precedent. The Zhang case was about a Chinese national who had a permanent residence in the US, posing as a US citizen. He had obtained naturalization in an unlawful manner, without complying with and qualifying in the required procedure.

The law requires every foreigner to be careful about his/her US immigration status and must know the consequences of false claims. Under the law, a fraudulent foreigner (alien) will be declared and treated as inadmissible and deportable. This will be applied to him/her if he/she represents himself/herself as a citizen of the US to get some benefit under federal law, state law, or immigration law.

The only grounds that was produced against the inadmissibility was when

  • Each parent of the alien was or is a citizen of the US
  • The alien has been a permanent resident before attaining the age of 16
  • The alien believed to be a US citizen in a reasonable manner while claiming to be one

A waiver to the law concerning an alien’s inadmissibility may be applied for if:

  • The alien applies for an adjustment of his/her status
  • The alien applies for asylee/refugee status
  • The alien is an applicant for legalization
  • The alien is a registry applicant
  • The alien is a special immigrant juvenile seeking adjustment of status

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