A party who makes a false claim for U.S. citizenship is permanently barred immigrating into the country. Unfortunately, a person can be placed in removal proceedings even if they unintentionally or mistakenly claimed citizenship.
According to the U.S. Citizenship and Immigration Services (USCIS), an officer needs to prove the following factors before deeming a foreign national “inadmissible based on a false claim”:
- The foreign national made a representation of valid citizenship;
- This representation was false;
- The foreign national issued the false representation knowingly; and
- The foreign national issued “the false representation for any purpose of benefit under the Immigration and Nationality Act (INA) or any other federal or state law.”
Inadmissibility for making a false claim to citizenship is particularly severe for two important reasons: first, this broad inadmissibility attaches for life; and second, there is no general waiver of this inadmissibility. However, in limited circumstances, such as in the case of a special immigrant juvenile seeking Adjustment of Status, the penalty of inadmissibility may not apply.
In preparing the strongest case for your admissibility, despite a false claim to U.S. citizenship, an applicant must take time to prepare documentation supporting his or her arguments. For example, an applicant may submit affidavits demonstrating they he has qualifying relatives who could suffer extreme hardships were he not permitted to enter or remain in the United States. An applicant can also produce documentation demonstrating that he is genuinely unaware of his legal status because he was told that he was an American citizen all his life. Regardless of what arguments you make, you very first step is to consult a knowledgeable immigration lawyer.
Pursue Citizenship with Yekrangi & Associates
You need to maneuver through the hurdles of obtaining U.S. citizenship the right way. As an experienced immigration attorney, Mr. Ashkan Yekrangi can help you avoid making any assertions that could be construed as a false claim to citizenship.
Contact Yekrangi & Associates at (949) 478-4963 to take your first steps toward citizenship with our skilled legal team by your side.