USCIS Issues New Guidance on False Claims to U.S. Citizenship

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U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual (Volume 8, Part K) regarding false claims to U.S. citizenship. These updates restore strict screening and enforcement against individuals attempting to defraud or abuse the U.S. immigration system.

Key Takeaways:

  • Permanent Bar: Any false claim to U.S. citizenship on or after September 30, 1996 may result in a permanent bar to adjustment of status with no waiver available in most cases.
  • Matter of Zhang Applies: The ruling in Matter of Zhang (2019) confirms that intent or knowledge is not required for a false claim to have immigration consequences.
  • Policy Manual Updates: USCIS revised Chapters 2 and 4 to provide:
    • Guidance for officers determining inadmissibility.
    • Consideration of age, knowledge, and mental capacity.
    • Clarification of exemptions, exceptions, and waivers.
  • Effective August 20, 2025 (announced yesterday): This guidance applies to all cases pending or filed on or after this date.

Why This Matters:

False claims to U.S. citizenship carry life-long consequences. Anyone found inadmissible under this rule may be permanently barred from U.S. immigration benefits.

Need Help?

If you have questions about how this policy may affect your immigration case, our attorneys are here to assist.

Contact NPZ Law Group today:
201-670-0006 | www.visaserve.com

Frequently Asked Questions

Q1: What happens if I falsely claim U.S. citizenship on a job application or government form?
A: Even if the claim was unintentional, it may still result in permanent inadmissibility to the United States.

Q2: Are there any exceptions to this rule?
A: Yes. A narrow exception exists for individuals who permanently resided in the U.S. before turning 16 and meet specific conditions.

Q3: Does intent matter under this policy?
A: No. Following Matter of Zhang (2019), USCIS does not need to prove intent or knowledge for a false claim to trigger consequences.

Q4: Can I apply for a waiver if found inadmissible?
A: In most cases, no waiver is available for false claims to U.S. citizenship.