Melara v. Mayorkas "Matter of Zhang, 27 I&N Dec. 569 (BIA 2019) is not entitled to deference by this Court because it is a dramatic break with past agency interpretation, is in conflict with the Department of State’s current interpretation of the false...
USCIS, Apr. 24, 2020 "U.S. citizenship confers important rights and responsibilities. In recognition of this, Congress provided a specific ground of inadmissibility to address when an alien falsely claims to be a U.S. citizen for any purpose or benefit under...
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, as a consequence, he...
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 to U.S. citizenship...
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 is direct or circumstantial...
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 smuggling...
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.
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)(6)(C)(ii) of...
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 tell us...
"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 removal...
"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 conceded...
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.
"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. § 1182(a)(6)(C)(ii), which provides...
Hats off to superlitigator Andres C. Benach for this remarkable victory. Matter of X-, Sept. 22, 2011 .
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 the course...