In 1996, INA § 212(a)(6)(C)(ii) was added to the immigration laws which expanded the scope of provisions which made an intending immigrant inadmissible and barred adjustment of status if the individual made false claims to U.S. citizenship. The bar to admissibility and adjustment applies to anyone who falsely claims U.S. citizenship for any purpose or benefit under the INA made to a government official or even a private employer. Such individuals who are found inadmissible under § 212(a)(6)(C)(ii) are permanently inadmissible and are removable. No waivers are authorized for false claims to citizenship even for the spouse or children of U.S. citizens or lawful permanent residents. While waivers are available for fraud or material misrepresentation in other contexts, no waivers are authorized for false claims to citizenship even for the spouse or children of U.S. citizens or lawful permanent residents. Countless US citizens and lawful residents are suffering from the application of this clause. US citizen families are separated for life. Even the case of an immigrant with a history of violent crime presents far fewer bars to immigration and family unification than this "false claim to US citizenship" clause, which allows for exactly no chance of immigration. It prescribes automatic, permanent inadmissibility with no recourse for an immigration waiver. This clause is part of the ”Comprehensive Immigration Reform” bill S.744 passed by the Senate on June 27, 2013. Help ask Congress to do their part by making a change and bring this clause into line with the rest of the immigration code, with a reasonable time limit on inadmissibility and the creation of a discretionary waiver of inadmissibility in the case of an immigrant who is the spouse, parent, child, son or daughter of a U.S. citizen or lawful permanent resident.
- US Congress
Reduce Harsh Consequences of False Claims to U.S. Citizenship
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