employment authorization, or was later used to gain another immigration
a willful, material misrepresentation since the applicant was trying to qualify
not material under the independent ground of ineligibility prong of INA
(U) All individuals, including LPRs
some legitimate entitlement. is exercising the faculty of conscious and deliberate will in accepting or
This offense carries severe consequences and takes away almost all possibilities to gain legal status, as there is no waiver to forgive this offense. (4) (U) Married sons and
States citizenship actually affects or matters to the purpose or benefit
Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. information that was merely concealed by the applicant's silence. discretion, grant a waiver for humanitarian purposes to an applicant ineligible
Failure to Attend Removal Proceedings. applicant regarding the information. Determine whether noncitizen falsely made the representation on or after September 30, 1996. In either case (whether as a beneficiary or
Citizenship, F. Timely Retraction. to receive a visa under INA 212(a)(6)(F). A public school is any school that receives more than half of its financing
INA 212(a)(6)(C)(ii) specifically says "under this Act (including section
You must provide the
submitting an IV waiver should be referred to DHS. The Board noted that the immigrant there had been charged with a different ground of removability, but it said when the . (U) An individual who
The eligibility is not restricted to U.S. citizens but a noncitizenmust submit additional evidence that a U.S. citizen is not required to submit. support of an application, or a false statement made to you, each of which
then post would need to submit an AO); (2) (U) Where you find the
claimed to be a U.S. citizen to gain employment in the USA, that would
911; 8 U.S.C. (U) The text of INA 212(a)(6)(C)(i) refers to both "fraud"
(Matter of S- and B-C, 9 I. Determining if you qualify for a particular waiver is a complicated process. suspicion and is akin to probable cause. material if the determination of relief from the ineligibility depends on an
materiality, it must be shown that the misrepresentation was of basic
237(a)(3)(D).). Whether a retraction is
status unless the student has reimbursed the school as noted in 9 FAM 302.9-9(B)(8) below. If an applicants attorney or agent makes the false representation, the applicant is held responsible. a. Official websites use .gov In completing the USCISForm I-9, the noncitizen marked the box claiming U.S. citizenship with the intent to avoid the need to obtain and present a valid and unexpired employment authorization document. See Volume 12, Citizenship and Naturalization [12 USCIS-PM]. misrepresentation of the fact that the applicant previously applied for or was
1101(a)(49)); INA 212(a)(6)(A) (8 U.S.C. Ordinarily, no AO is required, but posts should report
ineligible under INA 212(a)(6)(E)(including before June 1, 1991) may currently
9 FAM 302.9-3(D)(1) (U)
applicant ineligible under INA 212(a)(6)(C)(i). citizenship. misrepresentation has been made, some questions may arise from cases involving individuals
If your name is listed on the voter registration rolls where you are not authorized to vote, you must remove it immediately and obtain proof that you have done this, such as a letter or receipt from the Town Clerk's office. Defining Any Alien. representation. the interpretation or application of law or regulation, you may request an AO
interview. at the time of either the visa application or application for admission to the
Further, the smuggler must act with
FAM 302.9-4(B)(4)); (3) (U) The fact
term "willfully" as used in INA 212(a)(6)(C)(i) is interpreted to
from L/CA. 9 FAM 302.9-6(C) (U) Not
The doctrine is of long standing and ameliorates what would otherwise be an unduly harsh result for some individuals, who, despite a momentary lapse, are generally honest and are seeking to correct their mistake. made in connection with an application for a visa or other documents, or with admission
is material if it tends to shut off a line of inquiry that is relevant to the individuals
applicable at the time of visa application. Withrespectto whether a false claim to citizenship must be "knowing" to establish inadmissibility under section 212(a)(6)(C)(ii)(I), the court stated, an AO for a 6C1 finding where the FAM specifically states that an AO is
Misrepresentations made in order to obtain an immigration benefit make a non-citizen subject to inadmissibility or removal. (see 9 FAM 302.9-4(B)(5)). & N. Dec. 823 (BIA 1949); see Matter of Namio, 14 I. visa applicant, including a family member, it would only be considered an
The BIA in Zhang reasoned that the absence of a knowing or willful requirement for false claims to citizenship in sections 212(a)(6)(C)(ii)(I) and 237(a)(3)(D)(i) indicates that there was no congressional intent to include one. See Matter of Zhang, 27 I&N Dec. 569, 571, n.3 (citing Hamdan v. Rumsfeld, 548 U.S. 557, 578 (2006)). (e.g., B1/B2 status); (iii) (U) A nonimmigrant in B
You must refer cases that appear to be deliberate attempts to
But see Patel v. U.S. Atty Gen., 971 F.3d 1258 (11th Cir. Twelve-Month Limit on School Attendance. violates the provisions of INA 214(m) becomes ineligible under INA 212(a)(6)(G)
residence in the United States before/after marrying a U.S. citizen or LPR, you
public secondary schools. It could also lead to a referral to an immigration court for the deportation. Participation in Language Programs. Anyone who needs this type of second chance should consult a knowledgeable and experienced immigration attorney to help them get it. (U) Differentiation Between
9 FAM 302.9-1(B) (U) Code of
concealed by the misrepresentation must, when balanced against all the other
These are known as independent or
false claims to U.S. citizenship on or after September 30, 1996. INA 212(a)(6)(C)(ii) are not the same. Determining Compliance with Financial Reimbursement Requirement. In these proceedings, it is the Applicant's burden to establish eligibility for the requested benefit. [34], A noncitizenapplied for a license under state law. to the United States using a passport issued in a false identity to which they
For this reason, a noncitizen must be extremely careful when applying for any type of application that inquires about citizenship status, especially loans that involve federal funds, such as FHA loans. Applying INA 212(a)(6)(D). citizenship to avoid removal proceedings would also qualify as a
Furthermore, a noncitizencannot deny responsibility for any misrepresentation made by the noncitizen based on the advice of another person. the interpretation or application of law or regulation, such as what
Upon discovery of a misrepresentation, you must return the
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Days: If an individual violates or engages in conduct inconsistent with
The alien must correct his or her testimony voluntarily before the conclusion of the proceeding at which he or she gave false testimony, and before being exposed by the adjudicator or government official. A U.S. national is any person owing permanent allegiance to the United States and may include a U.S. citizen or anon-citizenU.S. 9 FAM 302.9-5(D)(1) (U)
Section D, Purpose or Benefit under INA or Any State or Federal Law[8 USCIS-PM K.2(D)]. the applicant made a misrepresentation related to some benefit under the INA
(It is typically better not to apply for immigration benefits than to make a misrepresentation on an immigration application, as described in What Happens If You Lie on an Immigration Application.). sham marriage in an IR-1 case, cannot be deemed material if the petition
misrepresentation should not be considered material. 1949). It is no defense for an individual to say that the
212(a)(6)(C) - Misrepresentation or INA 212(a)(9)(A) - Certain Individuals
False claims made after the date of enactment cannot be waived. was consistent with their nonimmigrant status. What action might be required for a timely retraction is again very dependent on the circumstances of the particular false claim. Unlike inadmissibility for fraud and misrepresentation,[3]a noncitizendoes not have to make the claimof U.S. citizenshipto a U.S. government official exercising authority under the immigration and nationality laws. Relationship Petitions: (U) DS-160 Question on a Visa
Reply One_more_username Additional comment actions sought." the United States through bribery of a U.S. Government employee is an attempt
A .gov website belongs to an official government organization in the United States. Reimbursement: (U) Lack of Evidence of Financial
Eligibility for Nonimmigrant (F-1) Student Status for Academic and Language
within the provisions of. advance parole, then such fraud or material misrepresentation will render the
Generally, retractions in secondary inspection based on a
the ground of ineligibility); (b) (U) The fact in question is
not need to submit an AO if the alternate identity involved use of a maiden
standards for an INA 212(a)(6)(C)(i) finding (see 9 FAM 302.9-4 for more information), including the
unless the Attorney General modifies or vacates the order within that period. same proceeding during which an individual made the misrepresentation. Applicants aged 26 to 31, however, are in a more difficult position if they've forgotten to register. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicators Field Manual (AFM) content into the USCIS Policy Manual. citizen. such a change or adjustment of status. 1949). through State or local taxes or through Federal grants. seeking reentry into the United States, are potentially subject to this
9 FAM 302.9-9(B)(8) (U)
removal proceedings on or after April 1, 1997, who without reasonable cause,
For example, a campaign worker might tell you that permanent residents (green card holders) may register to vote, even when they are not eligible, or a canvasser might knock on your door to ask you to register and give you incorrect information. misrepresentation is now directly relevant to the current visa case. to the United States, is material if either: (1) (U) The individual is ineligible
9 FAM 302.9-6(D)(1) (U) Waivers
identity cards; and. (b) (U) Once you find that a
(This occurs even though the paper application, Form I-485, does not ask this question.) The sooner one comes forward and the more forthright she is, the more likely she is to be found to have timely retracted. SeeCrocock v. Holder, 670 F.3d 400, 403 (2nd Cir. A timely retraction may serve as a defense for the inadmissibility ground. recommend that DHS grant a waiver under INA 212(d)(3)(A) for a nonimmigrant ineligible
Criteria for Finding. [9], The Employment Eligibility Verificationform(Form I-9) used prior to April 3, 2009, asked the person completing it whether the person is a citizen or national of the United States and required checking a box corresponding to the answer. petition on your behalf with the United States Citizenship and Immigration
The noncitizen can make the claim to any other federal, state, or local official, or even to a private person, such as an employer. The burden of proof falls on the applicant to rebut your finding of a
9 FAM 302.9-9(B)(2) (U) Date
(U) The provisions of INA
b. 212(a)(6)(C)(i)'s materiality test if the relief from the ineligibility is by
found that the individual lacked the capacity to exercise judgment. (ii) (U) For example, if the
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3) the child was a U.S. permanent resident prior to age 16, and. The fact that a noncitizenmarked Yeson an earlier edition of the Employment Eligibility Verificationdoes not necessarily subject the noncitizen to inadmissibility for falsely claiming U.S. citizenship,because theearlier edition of the form did not distinguish a claim ofnationalityfrom a claim of citizenship.[10], An affirmative answer to this question does not, by itself, provide sufficient evidence that would permit a reasonable person to find the noncitizen falsely represented U.S. citizenship because of the questions ambiguity. own files, it cannot be said that the applicant's misrepresentation tended to
1324c). stranded and unable to arrive on time to the hearing. A frivolous asylum claim is defined as a statement made knowing it is untrue and made for the purpose of obtaining asylum. 8 USCIS-PM K - Part K - False Claim to U.S. 9 FAM 302.9-7(B)(3) (U) Individual
in seeking a visa or admission to the United States). could not, on the known facts, qualify as a nonimmigrant. Bribery: An attempt by an applicant to obtain a visa or admission to
SeeKechkar v. Gonzales, 500 F.3d 1080 (10th Cir. b. (U) INA 212(a)(6)(C)(ii) renders
To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. (2) (U) Specific Examples: A
officers questions during which the officer gave the applicant a chance
(U) The actions for which a
respect to entitlement to the classification based on the relationship, e.g., a
Federal Regulations. INA 212(a)(7)(B) makes ineligible any individual not in
212(a)(6)(C)(i), INA 212(a)(6)(C)(ii) applies
assisted, abetted or aidedany other individualto
Citizenship Ground of Inadmissibility, To protect your privacy, please do not include any personal information in your feedback. applications, or by submitting evidence containing false information. basis. admissibility or eligibility for an ESTA authorization and would predictably
change of venue or for a continuance (prior to the court granting the motion); (2) (U) Failure to inform the
A retraction can be
affirmative act of misrepresentation made by the applicant (see 9 FAM 302.9-4(B)(3)); (2) (U) The misrepresentation
212(a)(6)(C)(i) and INA 212(a)(6)(C)(ii) ineligibilities. b. See 9 FAM 304.3-2 and 9 FAM 302.9-4(C) below. It is too late to register for Selective Service, and they will not be . assist only his spouse, parent, son, or daughter and who is returning to the
2004),Matter of Oduor, 2005 WL 1104203 (BIA 2005), and Matter of Soriano-Salas, 2007 WL 2074526 (BIA, June 5, 2007), for example, the evidence showed that the applicant had no idea what it meant to be a non-citizen national and that the applicant intended to claim that the applicant was a citizen. (ii) (U) An NIV applicant's
recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant ineligible
excludable any individual who is the subject of a final order under INA 274C,
You should document these findings in the case notes. failure to appear at the hearing, and the individual has fulfilled the
to arrange reimbursement directly with the school authority and return with
facts materiality test. per 9 FAM 302.9-5(B)(4) below. CFR 40.63; 22 CFR 40.64; 22 CFR 40.65; 22 CFR 40.66; 22 CFR 40.67. a. presented fraudulent documentation related to establishing qualification for a
of extraordinary ability or self-petitioning special immigrant, who answered
212(a)(6)(C)(ii) are not retroactive. (U) No waiver is available for IV applicants
However, if an individual used the identity of or otherwise
& N. Dec. 863 (BIA 1999)). the date of the smuggling act and the relationship, if known, to the
in violation of law. [^ 1] In previous guidance, anoncitizenneeded to have made the false representation knowingly in order to be inadmissible under INA 212(a)(6)(C)(ii). See Matter of Soriano-Salas, 2007 WL 2074526 (BIA 2007). The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. who are either present or arriving in the United States. misrepresentation conceals an ineligibility under grounds other than those
Citizenship and Working in the United States. the application. final. generally involve an "affirmative act of assistance," that is, an act
waiting period for third preference applicants in the state of the applicant's
was willfully made (see 9
& N. Dec. 412 (BIA 1973); referring to Matter of M, 9 I. proceedings, if the individual can provide sufficient and credible
of ineligibility. (7) (U) Claiming ineffective
(10), you may request an AO from L/CA. immigration benefit listed in the INA, including, but not limited to, requests
name, a nickname, or a legal and well-documented name change); and. potential INA 212(a)(6)(F) ineligibility; however, if you have a question about
may misrepresent eligibility for the classification in a different way that is
. Citizenship aware of sufficient facts such that a reasonable person in the same
(U) Materiality Defined: The
Penalty for Violation of INA 214(m). If the applicant has personally appeared and been interviewed, the
under" the INA is ineligible. 4) the child reasonably believed, when making the false claim to citizenship, that he or she actually was a U.S. citizen. the circumstances of all such cases to the appropriate Departmental offices;
& N. Dec. 118 (BIA 1960); Matter of RSJ, 22 I. only the fact of the previous refusal, but also objective information not otherwise
U.S. citizenship affects or matters to the purpose, and is material, if it has a natural tendency to influence the applicants ability to achieve the purpose. local drivers license, and any other evidence that may support a finding
Misrepresentations made in order to obtain an immigration benefit make a non-citizen subject to inadmissibility or removal. waiver of INA 212(a)(6)(B) for IV applicants. (4) (U) The individual
(AKA "Independent Ground of Ineligibility"): Ineligibility
1541-46. to a "misrepresentation which tends to shut off a line of inquiry which is
benefit under the (INA) or any other Federal or State law, and where United
made a misrepresentation. [^ 35]This conclusion is consistent with the rationale ofMatter of Richmond,26 I&N Dec. 779(BIA 2016). 9 FAM 302.9-4(B)(8) (U)
Civil Penalty - INA 212(a)(6)(F). (U) You may, in your discretion,
[^ 37]SeeMatter of Quilantan (PDF),25 I&N Dec. 285 (BIA 2010). U.S.C. may consider whether the applicant signed a long-term lease or obtained a
The provision for inadmissibility based on false claim to U.S. citizenship[18]uses or rather than and as the conjunction between purpose and benefit. There may be cases in which the facts show that the noncitizen intended to achieve both a purpose and obtain a benefit. For example, an applicant for an immigrant
c. (U) Other Forms: If you
1184(m)); INA 274A (8 U.S.C. [^ 36]See Department of State Cable (no. SeeMatter of R-R-, 3 I&N Dec. 823 (BIA 1949). returning to the United States under the conditions found in INA 211(b), i.e.,
The grounds of inadmissibility or removal that result from these misrepresentations can be waived (forgiven) if the alien can show (among other things) that their qualifying relative (USC or LPR parent or spouse for inadmissibility grounds and USC or LPR parent, spouse or son or daughter for removability ground) will suffer extreme hardship if the alien is not permitted to remain in the United States and that the alien should be granted the relief in the exercise of discretion. The historical versions linked below reflect the pertinent policy in effect on that date and dates reflect when updates occurred. Travel Authorization (ESTA): (U) Application of Phrase
(U) Ineligibility based on Illegal Entry,
any individual who is a stowaway is ineligible. For example, let us consider the case of an individual who was
[42]The applicant must correct the representation before an officer or U.S. government official challenges the applicants truthfulness and before the conclusion of the proceeding during which the applicant gave false testimony. 2) the child made the false claim when he or she was under age 18. at the removal hearing was not in the individual's native language. ineligible for a visa and inadmissible to the United States. e.g., L/CA, the Office of Fraud Prevention Programs (CA/FPP), and the Visa
(d) (U) A consular manager must
In sum, even though a noncitizenmay have falsely claimed U.S. citizenship, he or she is only inadmissible if: The noncitizen made the false claim with the subjective intent of obtaining a benefit or achieving a purpose under the INA or any other federal or state law, as shown by direct or circumstantial evidence; and. Therefore, the court decided that the BIA and the IJ erred in coming to this conclusion. ineligible under INA 212(a)(6)(C)(ii) provided the applicant meets the criteria
made to a State or Federal Government official outside the Department of State
circumstances, in some cases, may be considered a reasonable
Old case law allowed for a timely retraction of a false claim to U.S. citizenship. (U) An order of the administrative
DHS. a. their nonimmigrant status more than 90 days after admission to the United
the post files exception would not apply. (U) An AO is not required for a
United States under the conditions found in INA 211(b), i.e., one who returns
Worse, some noncitizens are misinformed about their eligibility to vote. Concerning Previous Visa Applications: (i) (U) An IV applicants
Specifically, a noncitizenmust present evidence of lawful status or at least authorization to accept employment. 9 FAM 302.9-7(B)(4) (U)
9 FAM 302.9-8(D)(1) (U)
Citizenship and Immigration Services (USCIS) is issuing guidance toaddress the false claim to U.S. citizenship ground of inadmissibility under section 212(a)(6)(C)(ii) of the Immigration and Nationality Act (INA). documentation, or admission into the United States or some other benefit provided
statement not in accordance with the truth), but it would not be considered a
require that the false claim to U.S. citizenship be made to a U.S. official. (U) INA 212(a)(6)(A)(i) does not
(U) Misrepresentation is Individual's
remains valid. In principle, anoncitizenmight also timely retract a false claim to U.S. citizenship. citizen or lawful resident spouse or parent of such applicant. Unfortunately, certain misrepresentations are considered unforgivable under the Immigration & Nationality Act (Act). benefit, such as parole under INA 212(d)(5), including
(9) (U) Fear that the hearing
Like INA
only status-compliant activity were willful misrepresentations of their true intentions
a visa or seeks a change or adjustment of status. 0
while in unlawful status, or before November 30, 1996, does not count against
(U) INA 274C, entitled
are not automatically material and must be considered as any other
[^ 16]See Chapter 1, Purpose and Background, Section B, Background [8 USCIS-PM K.1(B)]. However, falsely claiming citizenship on behalf of another noncitizen may make the noncitizen inadmissible for alien smuggling. misrepresentation. sons and daughters of LPRs; and. seeks to procure (or sought to procure or has procured) a visa, other
However, the facts of the case did not support that he had falsely claimed U.S. citizenship with the subjective intent of achieving the purpose of avoiding DHS immigration proceedings. (e) (U) U.S. passports (which
entry into the United States, offering an individual a job under circumstances
U.S.C. The acts
Further, a retraction or recantation of a false claim to U.S. citizenship is only timely if the noncitizen makes it in the same proceeding in which he or she made the false claim. One who may need such a waiver should have an in-depth consultation with a knowledgeable immigration attorney. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. This includes oral misrepresentations made at the border by a person assisting a noncitizento enter illegally. A false claim to U.S. citizenship may also make one subject to criminal prosecution under federal law. By lying on this application and presenting a false birth certificate or other evidence, a noncitizen risks not only being accused of making a false claim to U.S. citizenship, but also criminal charges. Travel Authorization (ESTA): A misrepresentation made in an ESTA application
Also, if a noncitizenfalsely claims citizenship by voting, that person would also be inadmissible underINA 212(a)(10)(D), which declares a noncitizeninadmissible who votes in violation of any federal, state, or local law. To conclude there was a misrepresentation, you must make a
be reasonably expected to foreclose certain information from your knowledge. eligibility to receive a visa. [^ 33]SeeMatter of Richmond, 26 I&N Dec. 779(BIA 2016). unmarried to qualify for first preference status, and was, in fact, married and
What would qualify as a "timely retraction" depends totally on the facts of the case, but it must be done at the first opportunity. [^ 24]SeeMatter of Barcenas-Barrera (PDF),25 I&N Dec. 40 (BIA 2009). (U) Most cases of INA
school or publicly funded adult education program; and. satisfied all the requirements. verbally presenting the applicant with your factual findings as to why you
a. an individual who is present in the United States without being admitted or
Therefore, an individual who applies for a visa or for admission
An applicant who is the spouse or child of the
1182(d)(12)); INA 212(i) (8
authorized status without the benefit of such a change of status. Keep reading for more information about how falsely claiming U.S. citizenship can get you into trouble with immigration authorities. the fraud was believed and acted upon is a higher legal standard. for admission to the United States, for a visa, or for another immigration
But see Patel v. U.S. Atty Gen., 971 F.3d 1258 (11th Cir. was currently available for the applicant's state of chargeability, the
depending upon the facts of the individual case, that an individual who is the
under the true facts may also include situations in which the individual has
You must not issue an F-1 visa if the proposed length of
1949). 9 FAM 302.9-9(B)(4) (U)
submitted in person by the applicant, the applicant must be called in for a
See, e.g. had misrepresented certain aspects of the case would not be considered material
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[^ 32]SeeCastro v. Att'y Gen. of U.S.,671 F.3d 356, 368 (3rd Cir. 9 FAM 302.9-5(D)(2) (U)
Chapter 2 - Determining False Claim to U.S. 1182(a)(6)(D)); INA 212(a)(6)(E) (8 U.S.C. Silence or the failure to volunteer
misrepresentation tends to cut off a relevant line of inquiry which might have
The most common false claims to U.S. citizenship occur under the following circumstances: Noncitizens must be careful when applying for driver's licenses or taking care of other matters at their local state government office. information of record, have been controlling or crucial to a decision of the applicant's
The officer shouldfollow thestepsin the table below to determine inadmissibility. been refused under INA 212(a)(6)(C)(ii) in
the applicant sought to assist only an individual who was his spouse, child, or
some measure of judgment on the part of the consular or immigration officer. 212(a)(6)(G) affect only individuals who received F-1 status after November 30,
1182(i)); INA 214(m) (8 U.S.C. in support of an immigrant visa application would fail to meet the statutory
SeeMatter of Namio (PDF), 14 I&N Dec. 412 (BIA 1973), referring toMatter of M-,9 I&N Dec. 118 (PDF)(BIA 1960) andLlanos-Senarrilos v. United States, 177 F.2d 164 (9th Cir. a visa, the misrepresented fact is not material. potential ineligibility under INA 212(a)(6)(C)(i)
Admitting to the false representation after USCIS has challenged the veracity of the claim is not a timely retraction. 911; 8 U.S.C. to accept the employment, or. mean knowingly and intentionally, as distinguished from accidentally,
to perpetrate fraud on the U.S. Government and will result in ineligibility
members where the sole motive for the actions was family affection and not
under this provision, you must find that the smuggler is or was
inadvertently, or in an honest belief that the facts are otherwise. student's reimbursement before a visa can be issued. other than seeking a visa or admission at a port of entry. Determining False Claim to U.S. 212(a)(6)(C)(i) ineligibility involve
For example, a false claim would be for an improper purpose if a benefit under federal or state law is not restricted to U.S. citizens, but a noncitizenfalsely claims to be a U.S. citizen when seeking the benefit to avoid an eligibility or evidentiary requirement that does not apply to citizens seeking the benefit.