Few immigration violations are as serious as a false claim to US citizenship. Under INA §212(a)(6)(C)(ii), any noncitizen who falsely represents themselves as a US citizen for any immigration or benefit purpose is permanently inadmissible to the United States. This is a lifetime bar with very limited exceptions. If you’ve been accused of a false claim to citizenship, it’s critical to understand the law and your options. Below are the most common FAQs about INA 212(a)(6)(C)(ii) and strategies to fight it.
What Is INA §212(a)(6)(C)(ii)?
INA §212(a)(6)(C)(ii) states that any noncitizen who falsely represents themselves as a US citizen for any purpose under immigration law, or to obtain a federal or state benefit, is permanently inadmissible.
What Are Examples of False Claims to US Citizenship?
- Checking the “US citizen” box on a Form I-9 for employment eligibility.
- Claiming to be a US citizen at the border to gain entry.
- Registering to vote or actually voting in a US election.
- Using a US passport, birth certificate, or Social Security number fraudulently.
- Applying for federal student loans restricted to citizens.
Is 212(a)(6)(C)(ii) a Lifetime Ban?
Yes. Unlike many other grounds of inadmissibility, a false claim to citizenship generally results in a permanent, lifetime bar from entering or staying in the US.
Are There Any Exceptions to 212(a)(6)(C)(ii)?
There are very limited exceptions, including:
- False claims made before September 30, 1996 (when the law took effect).
- Claims made by minors who can show they did not understand the nature of the false claim.
- Claims made by mistake or without willful intent. For example, checking the wrong box accidentally without intent to deceive.
- Certain cases involving US citizen parents where the applicant reasonably believed they were a US citizen.
Can I Get a Waiver for 212(a)(6)(C)(ii)?
Generally, no immigrant waiver exists for a false claim to US citizenship. This makes it one of the toughest immigration violations. However, legal strategies may include:
- Challenging the accusation by showing you never made the false claim.
- Proving the alleged misrepresentation was not material or not “willful.”
- Arguing that the exception for minors or mistaken claims applies.
What Are the Consequences of a False Claim to US Citizenship?
- Green Card Denial or Rescission if USCIS finds you falsely claimed citizenship.
- Visa Denial at U.S. consulates.
- Removal Proceedings if discovered after you’ve entered the US.
- Permanent Bar to adjustment of status or naturalization.
Can I Ever Become a US Citizen After a False Claim?
In most cases, no. A false claim to US citizenship makes you permanently ineligible for naturalization unless you can prove an exception applies.
Should I Hire a Lawyer If I’m Accused of 212(a)(6)(C)(ii)?
Yes and immediately. This is one of the most unforgiving grounds of inadmissibility. An experienced immigration attorney can:
- Review your records to confirm whether USCIS’s allegation is accurate.
- Gather evidence to prove an exception applies.
- Challenge the finding in waiver requests, motions, or appeals (where possible).
- Defend you in request for more evidence (RFE), Notice of Intent to Deny (NOID), Notice of Intent to Revoke (NOIR) and Notice of Intend to Rescind (NOIR).
Your Path to Approval Starts with the Right Legal Team
A false claim to US citizenship under INA 212(a)(6)(C)(ii) is a life-changing allegation that can result in a permanent bar to US immigration. But not all cases are clear cut. Exceptions and legal defenses may apply. If you’ve been accused of making a false claim to US citizenship, don’t wait. Contact our office at 305-515-0613 or email info@messersmithlaw.com today. Our attorneys have successfully defended clients in complex misrepresentation cases and can help explore your best legal options.