DHS and DOS has announced new policy for false claims to US Citizenship. Anyone who made a false claim after 9/30/97 had no defense, they were inadmissible for life, they could never adjust, even though they were minors and someone made the claim on their behalf (212(a)(6)(C)(ii)). There was only a waiver available for those false claims prior to 9/30/1997. (212(a)(6)(C)(i))
But now, DHS and DOS has announced that a false claim pursuant to 212(a)(6)(C)(ii) will only be supported if the false claim was "knowingly" made. Huge change!
There is also now a separate affirmative defense if the claim was made while the individual was under age 18!
This is a huge policy change that will positively affect thousands of people that were brought as minors, some as babies where a relative presented a US birth certificate or a US passport on their behalf.
Before they were permanently barred, now they have an opportunity to overcome afalse claim.
But now, DHS and DOS has announced that a false claim pursuant to 212(a)(6)(C)(ii) will only be supported if the false claim was "knowingly" made. Huge change!
There is also now a separate affirmative defense if the claim was made while the individual was under age 18!
This is a huge policy change that will positively affect thousands of people that were brought as minors, some as babies where a relative presented a US birth certificate or a US passport on their behalf.
Before they were permanently barred, now they have an opportunity to overcome afalse claim.
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