If you say that you are a citizen even though you are not a citizen and it becomes a problem, the way to obtain permanent residence is permanently blocked. We have summarized the issues surrounding the too deadly false citizenship claims.
What is a false citizenship claim? It is a problem if you claim to be a citizen even if you are not a citizen. This argument does not necessarily have to be made against the public authorities. Even if you make this claim to a private employer, it holds true. For example, if you falsely indicate that you are a citizen on the I-9 form you fill out to check whether you are eligible for work at the beginning of your working life, you are calling it a false citizenship.
Why is this issue particularly problematic? If you falsely claim to be a citizen before September 30, 1996, you will be treated the same as any other form of fraud or false claim. There was also a way to get an exemption. However, after that day, if you falsely claim to be a citizen, you will be subject to harsher sanctions. Fortunately, before 2019, if there was no willful intent, it was not considered a false citizen. However, the situation changed when a related ruling was issued at the BIA in 2019. A Chinese citizen, a permanent resident, who was not confident in the English test, bought a citizenship certificate from an immigration office worker. With this certificate of citizenship, Jang made a US passport and traveled abroad. In the end, Mr. Jang, who was handed over to a deportation trial, claimed that he believed he was a real citizen. However, the BIA emphasized that the intent to deceive is not a violation of the rules and emphasized that if Congress had intended to do so, the phrase would have been inserted into the statute at the time of legislation, but it did not.
Following the BIA’s decision, USCIS also revised its guidelines the following year. As a result, if the following three requirements are met, it is a case of false citizenship claim. First, claim to be a citizen. Second, you must not actually be a citizen. Third, they may have claimed to be a citizen for a specific purpose or to enjoy benefits under related laws such as immigration law.
However, the California Southern District Court in San Diego in 2021 stated that the BIA’s case was “unacceptable to the extent that it is different from the BIA’s past position, contradicts the interpretation of the State Department, and goes against the purpose of the federal legislative session.” The federal district court held that the claim of a false citizen can only be established when you are a citizen even though you subjectively know that you are not a citizen.
– How does the State Department view this issue? The Ministry of State is of the position that to be a false citizen case, you must know that you are not a citizen. The State Department cites other BIA cases in the Consular Guidelines (FAM), citing a contradictory position with the Jang case and USCIS. However, if you claim that you are a citizen because you don’t really know that you are not, the person making the claim has the burden of proving it clearly. The State Department believes that it does not matter if a minor under the age of 18 is falsely claiming to be a citizen if he or she will make a mistake without knowing the consequences of this claim. This is also a different position from USCIS.
Are individual decisions of federal district courts, such as the Southern District of California, binding? Individual judgments of the Southern District of California are not binding on USCIS or BIA decisions. Therefore, the interpretation of USCIS or the BIA cannot be reversed based on this decision. If this judgment is in the form of a federal court of appeals precedent, the decision of the USCIS or the BIA is also binding on the jurisdiction of that court of appeal.
Are there any exceptions when claiming a false citizenship? If you claim to be a citizen and then voluntarily cancel it before it’s too late, it doesn’t matter. The revocation must be made before the USCIS examiner can establish the truth of the facts and before the process is over. In addition, there is one more exception. First, you must live in the United States as a permanent resident before you turn 16. Second, both parents must be citizens. Third, when you claimed to be a citizen when you had reason to believe so.
If false citizenship is a problem, what is the solution? Even if you have a history of making false claims of citizenship, you can cancel your deportation or apply for asylum. However, an application for cancellation of deportation can only be applied after the deportation trial has passed. Moreover, it is very difficult for a person without permanent residence to apply for deportation cancellation to meet the conditions. First, you must have lived in the United States for at least 10 years. Second, there must be no moral flaws in the last 10 years. Third, they must not have committed any crime that could result in deportation or entry ban. Fourth, if you are deported, you must prove that your spouse, parent, or child who is a citizen or permanent resident will experience exceptional and very special difficulties.