212(a)(6)(C)(ii) False Claim to US Citizenship
Inadmissibility Series INA 212– Part III
212(a)(6)(C)(ii) False Claim to US Citizenship
INA §212(a)(6)(C)(ii) concerns falsely claiming US citizenship for a purpose or benefit under federal or state law. It has different elements and materially different immigrant waiver consequences from fraud or material misrepresentation under INA §212(a)(6)(C)(i).
Counsel must determine whether a legally sufficient false citizenship claim was made on or after September 30, 1996, for a covered purpose or benefit. The statutory exception under INA §212(a)(6)(C)(ii)(II) is not an immigrant waiver. A finding may be challenged on the elements and applicable exceptions, while eligible nonimmigrants may separately be considered for relief under INA §212(d)(3)(A).
212(a)(6)(C)(ii) False Claim to US Citizenship
In general.-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.
This section shall not apply to an alien making a representation, if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be inadmissible under any provision of this subsection based on such representation.
How to obtain a determination that the 212(a)(6)(C)(ii) False Claim to US Citizenship ground of inadmissibility was incorrectly made.
If you believe that the 212(a)(6)(C)(ii) False Claim to US Citizenship determination was made made in error in your case, we can help you overcome it. No matter which US government agency made the inadmissibility determination, each provides a method to dispute the determination, though each has drastically different processing times. We have achieved successful outcomes by petitioning the US Department of State where the determination was made by the Consulate in as little as 2 weeks. CBP quotes turnaround times of as little as 30 days and USCIS will not offer a time frame. In our experience, the more difficult the situation, the longer it will take to get resolved.
Waiver of Inadmissibility for an Immigrant Visa due to 212(a)(6)(C)(ii) False Claim to US Citizenship.
INA §212(a)(6)(C)(ii)(II) is a narrow statutory exception, not an immigrant waiver. It requires, among other elements, US citizenship of each parent, permanent residence in the United States before age 16, and a reasonable belief in US citizenship when the claim was made. The post-September 29, 1996 false-citizenship ground ordinarily has no immigrant waiver. Earlier claims may require separate analysis under INA §212(a)(6)(C)(i). USCIS Policy Manual, Vol. 8, Part K, Ch. 4
Waiver of Inadmissibility for a Non Immigrant Visa due to 212(a)(6)(C)(ii) False Claim to US citizenship.
Eligible applicants seeking temporary nonimmigrant admission may request a discretionary waiver under INA §212(d)(3)(A), including in appropriate false-citizenship cases. This temporary-admission mechanism is separate from the general unavailability of an immigrant waiver under INA §212(a)(6)(C)(ii).
If you have been determined to be inadmissible, we can help you overcome the determination or obtain a waiver
The firm has successfully represented clients in immigration inadmissibility matters. A post-September 29, 1996 false citizenship claim can be especially consequential for immigrant eligibility because there is ordinarily no immigrant waiver for INA §212(a)(6)(C)(ii).
If you would like our assistance, please feel free to call us at 305-515-0613 or email us at info@messersmithlaw.com