http://www.justice.gov/eoir/vll/intdec/vol24/3623.pdf An important BIA Decision on the subject.
[A false claim to USC in one's background is NOT a 100% chance of a finding of a lack of GMC, when there has been no underlying criminal conviction despite the fact that a conviction is Not required in the first place to reach the finding that a false claim to USC was made. The false claim is a ground of inadmissibility at a Consulate or border or regular adjustment but it does NOT mandate a finding of a lack of GMC under INA 101(f) for purposes such as Withholding of Removal OR Cancellation of Removal (and that specific type of adjustment by an IJ) OR for naturalization.] A Conviction will most certainly lead to a finding of a lack of GMC for naturalization and probably the other benefits listed.
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 (including section 274A of the Act) or any other Federal or State law is inadmissible. Section 212(a)(6)(C)(ii) of the Act.
A false claim to United States citizenship that is timely retracted might not support a finding of inadmissibility under this ground. Matter of M-, 9 I&N Dec. 118 (BIA 1960) (finding timely retraction where an alien corrected false statements to an immigration officer voluntarily and prior to exposure of the misrepresentation); see also Matter of Namio, 14 I&N Dec. 412 (BIA 1973) (finding that an alien's correction of a false statement made under oath to a border patrol officer, when 1 year had passed and disclosure of the falsity was imminent, was not a timely retraction).
http://www.uscis.gov/err/H2 - Waive...ecisions_Issued_in_2009/Jul012009_08H2212.pdf An important AAO Decision on the Subject.
Any false claim made to obtain a state benefit, such as a non-driver's identification card, or a federal form I-9 or a Federal Employment application and it was made after September 30, 1996, is all that it takes. The statute does not state that the alien must be convicted of making a false claim to citizenship only that the false claim be made to obtain a benefit under any Federal or State law. The applicant was therefore inadmissible under section 212(a)(6)(C)(ii) of the Act for which there is no waiver.
[A false claim to USC in one's background is NOT a 100% chance of a finding of a lack of GMC, when there has been no underlying criminal conviction despite the fact that a conviction is Not required in the first place to reach the finding that a false claim to USC was made. The false claim is a ground of inadmissibility at a Consulate or border or regular adjustment but it does NOT mandate a finding of a lack of GMC under INA 101(f) for purposes such as Withholding of Removal OR Cancellation of Removal (and that specific type of adjustment by an IJ) OR for naturalization.] A Conviction will most certainly lead to a finding of a lack of GMC for naturalization and probably the other benefits listed.
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 (including section 274A of the Act) or any other Federal or State law is inadmissible. Section 212(a)(6)(C)(ii) of the Act.
A false claim to United States citizenship that is timely retracted might not support a finding of inadmissibility under this ground. Matter of M-, 9 I&N Dec. 118 (BIA 1960) (finding timely retraction where an alien corrected false statements to an immigration officer voluntarily and prior to exposure of the misrepresentation); see also Matter of Namio, 14 I&N Dec. 412 (BIA 1973) (finding that an alien's correction of a false statement made under oath to a border patrol officer, when 1 year had passed and disclosure of the falsity was imminent, was not a timely retraction).
http://www.uscis.gov/err/H2 - Waive...ecisions_Issued_in_2009/Jul012009_08H2212.pdf An important AAO Decision on the Subject.
Any false claim made to obtain a state benefit, such as a non-driver's identification card, or a federal form I-9 or a Federal Employment application and it was made after September 30, 1996, is all that it takes. The statute does not state that the alien must be convicted of making a false claim to citizenship only that the false claim be made to obtain a benefit under any Federal or State law. The applicant was therefore inadmissible under section 212(a)(6)(C)(ii) of the Act for which there is no waiver.
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