The U.S. Citizenship and Immigration Services (USCIS) has announced new policy guidance aimed at strengthening screening and vetting processes to combat immigration fraud, including false claims to U.S. citizenship.
“U.S. Citizenship and Immigration Services is restoring robust screening and vetting processes to detect aliens seeking to defraud or abuse the immigration system, including aliens who make false claims to U.S. citizenship,” the agency said in a statement. “We also are actively increasing public awareness among aliens and the public about the consequences of committing immigration fraud. Aliens who use false information or deceitful practices to unfairly obtain immigration advantages will face serious consequences.”
The agency said it has updated the USCIS Policy Manual, Volume 8, Part K, Chapter 2, to clarify how the 2019 Board of Immigration Appeals decision in Matter of Zhang applies to cases involving false claims of U.S. citizenship. The new guidance took effect immediately and applies to all requests pending or filed on or after the publication date.
According to USCIS, the clarified policy specifies that the decision in Matter of Zhang supersedes all prior Department of Homeland Security (DHS) policy that provided a defense to inadmissibility for false claims to U.S. citizenship under section 212(a)(6)(C)(ii) of the Immigration and Nationality Act (INA). It also explains how the agency considers age, knowledge, and mental capacity in determining whether an individual had the subjective intent to gain an immigration or other legal benefit through a false claim.
The agency noted that the updated guidance contained in the Policy Manual is controlling and overrides any previous instructions on the matter.
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