Determining False Claim to U.S. Citizenship

In a previous article, we discussed that the immigration consequences of false claims to U.S. citizenship are severe. (The Immigration Consequences of False Claim to U.S. Citizenship) The foreign national is deported and permanently barred from admission to the U.S.

For a foreign national to be found inadmissible based on false claim to U.S. citizenship, an immigration officer must find all of the following elements:

• The foreign national made a representation of U.S. citizenship;
• The representation was false;
• The foreign national made the false representation knowingly; and
• The foreign national made the false representation for any purpose or benefit under the Immigration and Nationality Act (INA) or any other federal or state law.

The immigration officer is required to examine all of the facts and circumstances when determining whether a foreign national is inadmissible based on a false claim to U.S. citizenship. As such, this four-factor analysis may not be as simple as it appears at first glance. It is therefore crucial that you consult with an immigration attorney before opening yourself up to such an investigation.

If you have any questions or need more information about false claims to U.S. citizenship, please contact the Law Offices of Azita M. Mojarad, P.C. by e-mailing azita@azitalaw.com or calling 312-641-0771.

*This article addresses false claims to U.S. citizenship made on or after September 30, 1996.