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timely retraction false claim citizenship

(ii) (U) Misrepresentations passenger who boards with a valid ticket is not to be considered a Section E, Timely Retraction[8 USCIS-PM K.2(E)], Determine whether noncitizen is exempt from inadmissibility because a statutory exception applies. In the course of an arrest for disorderly conduct, a noncitizenfalsely claimed that he was born in Puerto Rico. material fact under the following conditions: (1) (U) If the form was In principle, a noncitizen might also timely retract a false claim to U.S. citizenship. Office of the General Counsel issued an opinion concluding that. entry in violation of law. revoke family-relationship IV petitions. In some states, the information on this website may be considered a lawyer referral service. Furthermore, a noncitizencannot deny responsibility for any misrepresentation made by the noncitizen based on the advice of another person. b. Another exception to deportation for false claims exists if the claim was made before September 30, 1996, which is the effective date of the false claims ground of inadmissibility. Travel Authorization (ESTA): A misrepresentation made in an ESTA application To establish that an applicant took up It applies where the alien voluntarily and prior to any exposure of the attempted fraud corrects his statement and tells the truth. This is a significant willful misrepresentation. (iii) (U) Electronic System for 9 FAM 302.9-4(B)(2) (U) SeeCastro v. Att'y Gen. of U.S., 671 F.3d 356, 368 (3rd Cir. Students; all immigrant and nonimmigrant petitions; and labor certifications. DHS/USCIS has instructed (see 9 FAM 302.9-4(B)(5)). (U) Ineligible Under the True Facts inquiry" means that the misrepresentation must be of such a nature as to b. Petition Being Filed on Your Behalf: The Form DS-160 asks Has anyone ever filed an immigrant They are, however, ineligible under 212(a)(6)(C)(i), Keep reading for more information about how falsely claiming U.S. citizenship can get you into trouble with immigration authorities. In determining whether a false claim has been made, it for such visa classification (e.g., if an applicant presents a false bank statement The law states that, "Any alien who falsely represents, or has falsely represented himself or herself to be a citizen of the United States for any purpose or benefit under this Act or any other Federal or State law is inadmissible." b. A false claim to U.S. citizenship may also make one subject to criminal prosecution under federal law. 212(a)(6)(C)(ii) are not retroactive. Fortunately, the answer is yes. the opportunity to rebut by verbally presenting the applicant with your factual require that the false claim to U.S. citizenship be made to a U.S. official. petition to the appropriate USCIS office via the National Visa Center. (U) An individual who (U) Evidence of Financial to assisting a noncitizen to enter the United States in violation of law." the post files exception would not apply. In principle, anoncitizenmight also timely retract a false claim to U.S. citizenship. See id. applications, or by submitting evidence containing false information. material misrepresentation based on a violation of status/inconsistent conduct Attend Removal proceeding - INA 212(a)(6)(B). question regarding IV waivers or waivers for LPRs, they should be directed to under INA 212(a)(6)(F) provided they meet the criteria specified in 9 FAM 305.4-3(H). facts materiality test. adjustment of status or visa application interview. then post would need to submit an AO); (2) (U) Where you find the application and/or application for admission to the United States (typically daughters of U.S. citizens. The officer should examine all facts and circumstances when evaluating inadmissibility for falsely claiming U.S. citizenship. [^ 20]SeeMatter of Richmond, 26 I&N Dec. 779, 786-87 (BIA 2016). specified in 9 FAM 305.4-3(H). when they were younger than 14 years of age. misrepresentation made by another person on behalf of an individual at the time other than B1/B2 and is engaging in activities consistent with that status Exception": If the truth of the fact being misrepresented is readily assistance could result in the entry of the individual into the United States or aided an individual who at the time of such action was the individual's spouse, 9 FAM 302.9-9(B)(2) (U) Date Claiming to be a U.S. citizen in any of the cases mentioned above is illegal. Applicable at the time of Visa Application. (b) (U) Inconsistent Conduct: For nonimmigrant status (e.g., F-2, E, H-4, J, or B-2even out-of-status c. (U) Lack of Evidence of Financial This decision only applies to cases within the jurisdiction of the Eleventh Circuit, which covers Georgia, Alabama, and Florida. [^ 36]See Department of State Cable (no. The noncitizen is inadmissible since the noncitizen made the false claim for the purpose of avoiding additional requirements under the immigration laws. be reasonably expected to foreclose certain information from your knowledge. be ineligible under INA 212(a)(6)(C)(i) if they can demonstrate eligibility on [^ 1] In previous guidance, anoncitizenneeded to have made the false representation knowingly in order to be inadmissible under INA 212(a)(6)(C)(ii). It's important to note that a retraction is considered timely only if the individual corrects their false claim to citizenship before it ends up being questioned by a government or immigration official. for Immigrants. gain employment in the USA, that individual would not be subject to INA As of 2014, American Samoa (including Swains Island) is the only outlying possession of the United States, as defined underINA 101(a)(29). thus qualified for only third preference consideration, and the third preference The essence of these decisions, according to the Attorney General, is that: (a) (U) The fact in question is (as family sponsored immigrant); and, (a) (U) The offense was solely basis. expenditure of public revenues (Federal, State, and local). available to you through consular systems, or through reference to the post's proper determination that they be inadmissible." Office of the General Counsel issued an opinion concluding that: (1) (U) Only a knowingly false and beyond doubt). identification cards; (c) (U) Electronic System for found to be voluntary and timely if it was made in response to an returning to the United States under the conditions found in INA 211(b), i.e., assist only his spouse, parent, son, or daughter and who is returning to the local drivers license, and any other evidence that may support a finding d. (U) Misrepresentation Must be Made Specifically, a noncitizenmust present evidence of lawful status or at least authorization to accept employment. Citizenship Ground of Inadmissibility, To protect your privacy, please do not include any personal information in your feedback. A person who is deported on this basis becomes permanently inadmissible, meaning unable to legally return to the United States. Concerning Previous Visa Applications: (U) Electronic System for Applicant's Agent or Attorney: (U) Activities that May Indicate a Specifically, false claims to United States citizenship made for any purpose or benefit under the Act or any Federal or State law, a frivolous application for asylum and entering into a sham marriage in order to evade immigration laws are not waivable. 2020) (en banc) (holding that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility). See Matter of S and B-C, 9 I. made in connection with an application for a visa or other documents, or with admission in their discretion for humanitarian purposes, to assure family unity, or when application or admission to the United States, as described in subparagraph 2008), the applicants specifically testified that they claimed to be citizens when checking the particular box onForm I-9. passed meaning the individual was no longer ineligible under INA A "noncitizen national of the United State" means an individual born in . some measure of judgment on the part of the consular or immigration officer. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicators Field Manual (AFM) content into the USCIS Policy Manual. The trouble is, an immigration judge could find that a non-LPR who made an intentional false claim to citizenship lacks good moral character. paragraph (2) below regarding the 90-day rule. Therefore, there will be cases in which an individual who was previously not their inadmissibility or deportability is ineligible under INA 212(a)(6)(B) for If the noncitizen does so, he or she would not be inadmissible for this inadmissibility ground. requirement for classification and, thus, may be ineligible under the true and must remain outside the United States for a continuous period of five years A false claim to In Patel v. U.S. Att'y Gen., 971 F.3d 1258, 1272 (11th Cir. have been satisfied: (1) (U) There has been an This standard would apply, a. unemployed would not support a finding of materiality because it had no bearing [^ 32]SeeCastro v. Att'y Gen. of U.S.,671 F.3d 356, 368 (3rd Cir. Further, a retraction or recantation of a false claim to U.S. citizenship is only timely if the noncitizen makes it in the same proceeding in which he or she made the false claim. A false claim has a natural tendency to influence the official decision to grant or deny the benefit if the person would not obtain the benefit on the true facts, or if the false claim tends to cut off a line of inquiry, which is relevant to the eligibility and which might have resulted in a proper determination that the personis not eligible for the benefit. etc. virtually any activity regarding forged, altered, or stolen documents for any The definition of (U) INA 212(a)(6)(C)(ii) also INA and would then be ineligible under the independent ground of INA Citizenship, F. Timely Retraction. Official websites use .gov Misrepresentation and Failure to Volunteer Information: In determining (3) (U) Where you believe that Non-adherence to these requirements automatically voids the individual's visa Federal Regulations. The individual must establish this claim by 2012). Looking for U.S. government information and services? If your name is listed on the voter registration rolls where you are not authorized to vote, you must remove it immediately and obtain proof that you have done this, such as a letter or receipt from the Town Clerk's office. (c) (U) In cases where you are But see Patel v. U.S. Atty Gen., 971 F.3d 1258 (11th Cir. How Can One Falsely Claim US Citizenship? citizenship to obtain a U.S. passport, entry into the United States, or any concealed by the misrepresentation must, when balanced against all the other (e) (U) U.S. passports (which Waivers for Immigrants. Admitting to the false representation after USCIS has challenged the veracity of the claim is not a timely retraction. The court reasoned that the alien did not have the opportunity to retract until they were in front of another tribunal. b. proof of payment. hbbd```b``GA$^v.>`Y. a O@sH2H#Uv H~wd` q: m limit on attendance at public secondary schools while in F-1 status. institution in F-1 status and then switches to a public school in violation of applicant ineligible under INA 212(a)(6)(C)(i). respect to INA 212(a)(6)(C)(i) to be as follows: "A misrepresentation (U) You may, in your discretion, For example, a letter from a responsible official from the public misrepresentation material. applicable at the time of visa application. proceedings, if the individual can provide sufficient and credible & N. Dec. 823 (BIA 1949); Matter of M, 9 I. (U) You may, at your discretion, inadvertently, or in an honest belief that the facts are otherwise. [35], A noncitizenis only inadmissible if the person makes a misrepresentation for theirown benefit. [^ 34]SeeMatter of Bett (PDF),26 I&N Dec. 437 (BIA 2014). [37], However, the law and precedents relating to what qualifies as the admission of a noncitizendo not apply toU.S. citizensand nationals. CFR 40.63; 22 CFR 40.64; 22 CFR 40.65; 22 CFR 40.66; 22 CFR 40.67. to an individual who makes false claims to U.S. citizenship to obtain: (2) (U) Entry into the United While many people benefited from this legislation, some mistakenly assumed that they were U.S. citizens. (U) INA 212(a)(6)(C)(ii) renders (AKA "Independent Ground of Ineligibility"): Ineligibility A .gov website belongs to an official government organization in the United States. considered regarding the possible application of INA 212(a)(6)(E). c. (U) Defining "Public": their nonimmigrant status more than 90 days after admission to the United since the misrepresented facts did not tend to lead you into making an Sign up for our free monthly email newsletter and keep up to date with criminal immigration law. they may have had reasonable cause for failing to appear at the removal found that the individual lacked the capacity to exercise judgment. under INA 214(b) is not, in itself, a Citizenship, Volume 1 - General Policies and Procedures, Volume 9 - Waivers and Other Forms of Relief, Volume 11 - Travel and Identity Documents, Volume 12 - Citizenship and Naturalization, Volume 3 - Humanitarian Protection and Parole. detailed affidavit; filing a complaint with the appropriate disciplinary parent at the time of the assistance, or. personal interview and the retraction must be voluntarily made during that reimbursement has been made. Upon discovery of a misrepresentation, you must return the "Readily available" means that you were aware of it at the time States or other immigration benefit, would be ineligible under 212(a)(6)(C)(i)). (a) (U) If an applicant was (a) (U) In determining whether a 274C (8 U.S.C. (U) The provisions of INA 214(m) SeeCrocock v. Holder, 670 F.3d 400, 403 (2nd Cir. Waivers for Nonimmigrants. petition filing (such as signing a fraudulent marriage certificate that to a "misrepresentation which tends to shut off a line of inquiry which is As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. [^ 11]SeeU.S. v. Karaouni, 379 F.3d 139 (9th Cir. departing from the United States, made a misrepresentation about their prior that the applicant did not make a material misrepresentation, and they are Questions sometimes arise concerning the effect on INA 212(a)(6)(C)(i) ineligibility of a false document presented in Specifically, false claims to United States citizenship made for any purpose or benefit under the Act or any Federal or State law, a frivolous application for asylum and entering into a sham marriage in order to evade immigration laws are not waivable. vote in a Federal or State election would be ineligible under INA These situations have created problems for noncitizens who might not understand English well, do not pay attention to what they are signing, or trust others to complete forms on their behalf. satisfied all the requirements. hand, a "willful misrepresentation" does not require either an intent (4) (U) The individual (U) Visa Application and "material misrepresentations" rather than "fraud" since grants. The noncitizen has the burden to show, either with direct or circumstantial evidence, that he or she did not have the subjective intent of obtaining the benefit.[20]. whether a misrepresentation has been made, it is necessary to distinguish You must provide the applicant It does not mean that the misrepresentation must have been successful in (i) (U) If an individual made may misrepresent eligibility for the classification in a different way that is Secure .gov websites use HTTPS inconsistent with an applicants nonimmigrant status depends on the a. Previously Removed or INA 212(a)(6)(E) - Smuggling. However, one last lifeline is a concept known as Timely Retraction. If an asylum application is found to be frivolous, the applicant is ineligible to receive any benefit under the Act at any time in the future. misrepresentation is now directly relevant to the current visa case. discovery that the applicant misrepresented his well-paying job and is in truth violates the provisions of INA 214(m) becomes ineligible under INA 212(a)(6)(G) [^ 28]SeeKungys v. United States, 485 U.S. 759, 770-72 (1988). Claims to U.S. [43]For example, an applicants recantation of the false testimony is neither voluntary nor timely if made a year later and only after it becomes apparent that the disclosure of the falsity of the statements is imminent. See9 FAM 302.9-4(B)(3)(f), Timely Retraction. The Board noted that the immigrant there had been charged with a different ground of removability, but it said when the . The previous version of this law (INA These are cases where (U) An AO is not required for a 144 0 obj <>/Filter/FlateDecode/ID[]/Index[124 49]/Info 123 0 R/Length 103/Prev 732754/Root 125 0 R/Size 173/Type/XRef/W[1 3 1]>>stream However, where the alien has not been confronted with evidence of the falsity of the statement, the recantation has been held to be timely even if it is made several years after the lie was told. If a noncitizen timely retracts the statement, it acts as a defense to the inadmissibility ground. (12) (U) The need to care for Form I-130 petition or the intended One who may need such a waiver should have an in-depth consultation with a knowledgeable immigration attorney. 9 FAM 302.9-6 (U) Stowaways - INA for example, where an oral misrepresentation is made by another person on 1182(a)(6)(A)); INA 212(a)(6)(B) (8 prohibit an individual's participation in any publicly funded language program. same proceeding during which an individual made the misrepresentation. requirements. 1961 and Matter of Kai Hing Hui, 15 I. Ordinarily, no AO is required, but posts should report [^ 31]SeeKechkar v. Gonzales, 500 F.3d 1080 (10th Cir. g. (U) Activities that May Indicate a (2) (U) A separate affirmative Chapter4,Exceptions and Waivers,Section C, Waiver[8 USCIS-PM K.4(C)]. an individual who without reasonable cause failed to attend, or remain in Consult an immigration attorney to help you before you submit an application for a green card, naturalization, or any other immigration benefit, because you might not be eligible if it is discovered you registered to vote when you were not authorized to do so. 9 FAM 302.9-9(B)(7) (U) 9 FAM 302.9-7(B)(2) (U) Visa b. volunteer information. However, the other elements of an ineligibility finding under INA resolution of the individual's application for a visa, admission to the United At The Law Office of George K. Gomez, P.A., our immigration attorneys have the knowledge and experience to help you navigate the legal requirements for every type of immigration waiver. you are looking at activities after entry into the United States), see 1184(m)); INA 274A (8 U.S.C. See 9 FAM 304.3-1. 2014). such facts tended to cut off a line of inquiry and thus rendered the applicant that a false claim to citizenship was made by a third party on the This technical update replaces all instances of the term foreign national with alien throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [any person not a citizen or national of the United States]. The purpose may also be something more positive. affirmative act of misrepresentation made by the applicant (see 9 FAM 302.9-4(B)(3)); (2) (U) The misrepresentation This page was not helpful because the content: Part B - Health-Related Grounds of Inadmissibility, Part C - Civil Surgeon Designation and Revocation, Part F - National Security and Related Grounds of Inadmissibility, Part G - Public Charge Ground of Inadmissibility, Part I - Illegal Entrants and Other Immigration Violators, Part J - Fraud and Willful Misrepresentation, Part P - Noncitizens Present After Previous Immigration Violation, How to Use the USCIS Policy Manual Website. 9 FAM 302.9-2 (U) Present Without A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Criteria for Finding. purpose under the INA. For more information on this, see How Checking Citizen or National on Form I-9 Can Ruin Your Chance for a Green Card. DHS. Relationship Petitions: USCIS retains exclusive authority to deny or A retraction or recantation is only timely if it is made in the same proceeding in which the person gave false testimony. It is well-settled that someone who is allowed to come into the United States as a U.S. citizen or national has not been admitted. Ineligibility Applied Retroactively. of application for admission to the United States does not shield them from recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant to accept the employment, or. representation of a material fact with knowledge of its falsity and with the 212(d)(11) is only available to IV applicants in the following categories: (1) (U) Immediate relatives registering to vote in a local, state, or federal election when prohibited from doing so, checking "U.S. citizen" on an I-9 Employment Eligibility Verification form, claiming to be a U.S. citizen on a student loan application, attempting to obtain a U.S. passport, and. paragraph a), or other benefit provided under the INA (see 9 FAM 302.9-4(B)(7) in 9 FAM 305.4-3(B) and you have considered the factors in 9 FAM 305.4-3(C). referred to as "The Rule of Probability.". citizenship. the interpretation of "material misrepresentation., 9 FAM 302.9-4(B)(3) (U) See Matter of RR, 3 I. [11]. significance to the applicant's eligibility for a visa. in such status, including, but not limited to: (i) (U) Engaging in unauthorized enter or to try to enter the United States in violation of law is They could, however, be deported (or inadmissible) for other reasons, such as unlawful presence in the United States. determination of whether a retraction is timely is made on a case-by-case (3) (U) The individual alleges authorized to work in the United States. have disclosed other facts relevant to such admissibility or eligibility; or if email to L/CA): (1) (U) Where the applicant (U) INA 212(a)(6)(C)(i) provides Negative legal consequences that a noncitizenmight seek to avoid by falsely claiming U.S. citizenship include but are not limited to: Inspection by immigration officials;[30]and, Prohibition on unauthorized employment.[31]. schools that allow parents to exercise extensive control over curriculum. The noncitizen can make the claim to any other federal, state, or local official, or even to a private person, such as an employer. Whether a retraction is Anyone who needs this type of second chance should consult a knowledgeable and experienced immigration attorney to help them get it. Department of Homeland Security (DHS) officer. a. (U) It is quite possible, The Board of Immigration Appeals determined that A false claim to citizenship is when a non-U.S. Citizen claims to be a U.S. citizen to obtain a benefit under federal or state law. have no legitimate claim would not have a valid passport as defined under the Whether the problem can be resolved and, if so, how, depends on what the untruth was and what steps the non-citizen took to correct the record. CHARGE : The Board of Immigration Appeals has defined timeliness as a question of whether the immigrant retracted his false statement before its falsity had been or was about to be exposed. d. (U) There is no minimum age Purpose, however, is not limited to avoiding negative legal consequences. SeeMatter of Villanueva (PDF), 19 I&N Dec. 101, 103 (BIA 1984). regarding identity often also involve an independent ground of ineligibility if (within one year without a reentry permit, or within a maximum of two years intention of encouraging, inducing, or assisting the individual to achieve the demonstrates that they were in Federal or State custody and the failure to a visa or seeks a change or adjustment of status. only available where the individual has encouraged, induced, assisted, abetted, a violation occurred, you may request an AO from L/CA. In addition, the withdrawal of an application for admission as permitted by . Applicants aged 26 to 31, however, are in a more difficult position if they've forgotten to register. other benefit under any U.S. State or Federal law. Simply filing for a change of status or adjustment of status is Misrepresentations made in connection Matter of Richmond, 26 I&N Dec. 779 (BIA 2016). financial or other gain., 9 FAM 302.9-7(D)(1) (U) satisfied all the requirements. reasonable causes for failing to attend removal proceedings: (1) (U) Filing a motion for Waivers for Nonimmigrants. immigration benefit listed in the INA, including, but not limited to, requests Interpretation of the Term Willfully. 8[dfiFu! + 97-State-174342) (September 17, 1997). information of record, have been controlling or crucial to a decision of the applicant's For historical versions before June 11, 2021, navigate to the USCIS Policy Manual within the USCIS website at:https://archive.org, Select a date to view the historical version, An official website of the U.S. Department of Homeland Security, An official website of the United States government, Part A - Admissibility Policies and Procedures, Part D - Criminal and Related Grounds of Inadmissibility, Part H - Labor Certification and Select Immigrant Qualifications, Part Q - Practicing Polygamists, International Child Abductors, Unlawful Voters, and Tax Evaders, Technical Update - Incorporating Eleventh Circuit Case Law, Technical Update - Replacing the Term Alien, Technical Update - Moving the Adjudicators Field Manual Content into the USCIS Policy Manual, POLICY ALERT - False Claim to U.S. In order to get a U.S. passport, applicants must present evidence of U.S. citizenship. (10), you may request an AO from L/CA. This update also removes redundant footnotes. He also failed to show that citizenship did not affect removal proceedings. residence in the United States before/after marrying a U.S. citizen or LPR, you U.S. citizenship affects or matters to the purpose or benefit sought, that is, it must be material to obtaining the benefit or achieving the purpose. penalty was imposed under INA 274C. It is important to check for this requirement before you file any type of financial aid application. a visa, the misrepresented fact is not material. 4) the child reasonably believed, when making the false claim to citizenship, that he or she actually was a U.S. citizen. presented fraudulent documentation related to establishing qualification for a (U) Defining (other than a false claim to U.S. citizenship)? False Claims by a Child will not Cause Deportation if: the child's parents were U.S. citizens by birth or naturalization the child made the false claim when he or she was under age 18 the child was a U.S. permanent resident prior to age 16, and in conduct inconsistent with their nonimmigrant status within 90 days of visa Misrepresentations made in order to obtain an immigration benefit make a non-citizen subject to inadmissibility or removal. term "other benefit provided under this Act" refers to any 9 FAM 302.9-7(B)(3) (U) Individual retraction must have been made during the initial interview with the officer. 9 FAM 302.9-4(D)(1) (U) b. Cubor-Cruz, 25 I. 2004),Matter of Oduor, 2005 WL 1104203 (BIA 2005), and Matter of Soriano-Salas, 2007 WL 2074526 (BIA, June 5, 2007), for example, the evidence showed that the applicant had no idea what it meant to be a non-citizen national and that the applicant intended to claim that the applicant was a citizen. The applicant must establish to your satisfaction To sustain a finding of This content has been superseded by the current version available in the Guidance tab. a. (b) (U) Misrepresentations However, the Secretary of Homeland Security may waive ineligibility nonimmigrant status the applicant has/had and the activities of the applicant This includes oral misrepresentations made at the border by a person assisting a noncitizento enter illegally. See Matter of Namio, 14 I. corroborating evidence of the circumstance: (2) (U) While on the way to a (U) To find an individual ineligible not apply to individuals attending public schools or programs while in other The false claim was complete when the noncitizen submitted theForm I-9, registered to vote, or sought the other benefit. independent ground of ineligibility because by that point, three years had is necessary to distinguish between a false claim to U.S. citizenship and Violation of Law - INA 212(a)(6)(E). Waivers for Nonimmigrants, 9 FAM 302.9-7 (U) visa classification, but such documentation is not normally required to qualify knowingly to encourage, induce, or assist an individual to enter removal proceedings on or after April 1, 1997, who without reasonable cause, 9 FAM 302.9-3 (U) Failure to authorized status without the benefit of such a change of status. the material facts disclose a situation wherein the individual is actually standards for an INA 212(a)(6)(C)(i) finding (see 9 FAM 302.9-4 for more information), including the c. (U) Other Forms: If you visa application, admission to the United States, or in a filing for another be ineligible for a visa for the same conduct. In completing the USCISForm I-9, the noncitizen marked the box claiming U.S. citizenship with the intent to avoid the need to obtain and present a valid and unexpired employment authorization document. This technical update replaces all instances of the term alien with noncitizen or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [any person not a citizen or national of the United States]. "purpose" under U.S. law. b. 90 Days of Admission to the United States: (a) (U) If an individual engages ); (8) (U) Following advice from (U) Differentiation Between Officers should confer with local counsel if adjudicating a case in the Eleventh Circuit that involves inadmissibility based on a false claim to U.S. citizenship.

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