USCIS brings updated law for immigration misrepresentation

USCIS releases updated immigration law to prevent fraud

USCIS false citizen law update

The USA immigration has been tough on unlawful practices like fraudulent immigration documents or falsification of immigration status. Lately, the US updated its law applied to those who falsely claim to be US citizens, knowingly or out of ignorance. This update has brought more clarity to how the USA looks at tackling this issue with measures like inadmissibility and deportation.

Unlawful and unfair practices in immigration for personal benefits have always been detected and dealt with by the US Citizenship and Immigration Services (USCIS). The USCIS is in charge of overseeing lawful immigration in the US. It’s a component of the Department of Homeland Security.

The updated Policy Manual was released by the US with clear provisions regarding illegal practices after immigration to the USA. The updated law is drafted in line with the case in precedence, Department of Justice’s Board of Immigration Appeals’ (BIA) decision in Matter of Zhang.

In the case, a US permanent resident, Mr. Zhang was found to be posing as a legitimate US citizen through unfair practices. The naturalization he obtained was found to be legally unacceptable as he didn’t comply and qualify with respect to standard immigration procedures.

Now, every foreigner (called “alien”) in the US has to be well aware of his/her immigration status and can’t be excused for misrepresentation. If such an unlawful instance is found, the person concerned will be deemed inadmissible and could be deported.

Nevertheless, such policy of inadmissibility was challenged on grounds of:

  • The alien has been a permanent resident before attaining the age of 16
  • The alien believed to be a US citizen in a reasonable manner while claiming to be one
  • Each parent of the alien was or is a citizen of the US

The newly updated law concerning the alien’s inadmissibility may be waived if:

  • The alien applies for asylee/refugee status
  • The alien applies for an adjustment of his/her status
  • The alien is a registry applicant
  • The alien is an applicant for legalization
  • The alien is a special immigrant juvenile seeking adjustment of status

If you are looking to Study, Work, Visit, Invest or Migrate to Canada, talk to Y-Axis, the World’s No.1 Immigration & Visa Company.

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Anshul Singhal

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