Immigration Law

Recent Posts

CA9 on False Claim, Form I-9: Diaz-Jimenez v. Sessions
Posted on 31 Aug 2018 by Daniel M. Kowalski

Diaz-Jimenez v. Sessions - "There is nothing in the record showing that Diaz ever filled out a Form I–9. There is therefore nothing in the record to show that he made a false representation of citizenship under § 1324a(b)(2), and that... Read More

Cleveland IJ Alison Brown issues remarkable false claim / unlawful voting victory
Posted on 4 Nov 2011 by Daniel M. Kowalski

Hats off to superlitigator Andres C. Benach for this remarkable victory. Matter of X-, Sept. 22, 2011 . Read More

BIA on False Claims: Matter of Richmond, 26 I&N Dec. 779 (BIA 2016)
Posted on 29 Jul 2016 by Daniel M. Kowalski

Matter of Richmond, 26 I&N Dec. 779 (BIA 2016) - (1) A false claim to United States citizenship falls within the scope of section 212(a)(6)(C)(ii)(I) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(C)(ii)(I) (2012), where there... Read More

AAO 212(i) Hardship Victory; Mexico, Alien Smuggling, False Claim
Posted on 30 May 2014 by Daniel M. Kowalski

Tarik H. Sultan writes: "Applicant, married to U.S. citizen husband with U.S. citizen children, filed adjustment with INA § 212(i) waiver to address pre-1996 false claim to citizenship. USCIS denied adjustment, finding her inadmissible for alien... Read More

DHS, DOS to Amend Policies re False Claims by Minors
Posted on 20 Sep 2013 by Daniel M. Kowalski

By letters to Senate Majority Leader Harry Reid, DHS and DOS state they will amend the AFM and the FAM to reflect the following position: (1) Only a knowingly false claim can support a charge that an individual is inadmissible under section 212(a)... Read More

Tags: minors , dos , false claim , fam , DHS , AFM

CA2 on False Claim, 'Purpose or Benefit' - Richmond v. Holder (UPDATED)
Posted on 30 Apr 2013 by Daniel M. Kowalski

"Petitioner Keon Richmond, a native and citizen of Trinidad and Tobago, remained in the United States beyond the term of the tourist visa which allowed his initial entry here in May 2001. When removal proceedings were brought against him, Richmond... Read More

Cancellation Victory in Baltimore (False Claim, Timely Retraction)
Posted on 16 Oct 2013 by Daniel M. Kowalski

Cancellation cases are hard enough, but when both clients (husband and wife) made false claims to U.S. citizenship? Amazing victory in the Baltimore Immigration Court by Sandra Grossman , who rocks. Read More

Changes to FAM Notes: False Claims to U.S. Citizenship
Posted on 31 Mar 2013 by Daniel M. Kowalski

In Change Transmittal CT:VISA-1977 dated March 12, 2013 the Department of State made substantial additions to the FAM Notes for 9 FAM 40.63. The PDF is 22 pages ; changes are in purple italics. Read More

Tags: notes , false claim , 40.63 , fam

The Disappearing FAM
Posted on 17 May 2013 by Daniel M. Kowalski

On March 12, 2013 the State Department posted CT:VISA-1977 to the FAM, a 22-page update to 9 FAM 40.63 on INA Sec. 212(a)(6)(C)(i) (false claim to U.S. citizenship). On May 1, 2013 the State Department ' unassigned ' CT:VISA-1977. Will Sec. Kerry... Read More

USCIS Policy Manual Update: False Claim to U.S. Citizenship Ground of Inadmissibility (Dec. 14, 2016)
Posted on 14 Dec 2016 by Daniel M. Kowalski

USCIS, Dec. 14, 2016 - "Policy Highlights • Describes the difference between inadmissibility for a false claim to U.S. citizenship and inadmissibility for fraud and willful misrepresentation. • Explains what constitutes a false claim... Read More

CA7 on False Claim: Munoz-Avila v. Holder
Posted on 3 May 2013 by Daniel M. Kowalski

"Avila has met his burden of demonstrating that he is not inadmissible for falsely representing himself to be a U.S. citizen, and therefore the matter must be remanded for consideration of whether he should be granted the discretionary relief from... Read More

Unpub. BIA Remand Victory: AOS, False Claim
Posted on 24 Oct 2011 by Daniel M. Kowalski

Matthew L. Kolken writes: " Attached is a BIA decision overturning the IJ in Buffalo. He ruled that my client was statutorily ineligible for adjustment due to an alleged false claim to US citizenship that never happened. I moved for recusal during... Read More

Third Circuit on False Claims: Castro v. Atty. Gen.
Posted on 15 Feb 2012 by Daniel M. Kowalski

"Jose Castro, a citizen of Costa Rica, challenges a determination by the Board of Immigration Appeals (“BIA”) that he is inadmissible under section 212(a)(6)(C)(ii) of the Immigration and Nationality Act (“INA”), 8 U.S.C.... Read More