False Claims to U.S. Citizenship: USCIS Clarifies Policy Guidance

U.S. Citizenship and Immigration Services (USCIS) has issued updated guidance on the consequences of making a false claim to U.S. citizenship. These updates strengthen screening processes and provide clarity on how officers determine inadmissibility under the Immigration and Nationality Act (INA). For individuals navigating the U.S. immigration system, these changes highlight the importance of honesty, accuracy, and legal compliance at every stage.

Why This Immigration Policy Change Matters

False claims to U.S. citizenship are among the most serious violations under immigration law. Since September 30, 1996, the INA has included a permanent bar to admissibility for anyone who falsely claims to be a U.S. citizen for the purpose of obtaining immigration or other federal or state benefits. Unlike many other grounds of inadmissibility, there is generally no waiver available, meaning the consequences can be permanent and life-altering.

Matter of Zhang and Policy Updates

The USCIS update clarifies how the 2019 Matter of Zhang decision applies to false claims. Previously, some policy and guidance left room for arguments about whether the person “knowingly” made the claim. Under Matter of Zhang, however, a false claim does not need to be made knowingly to trigger inadmissibility.

The new USCIS Policy Manual guidance makes the following points clear:

• Matter of Zhang controls: It supersedes all prior Department of Homeland Security policies that allowed for defenses based on knowledge or legal capacity.
• Subjective intent is considered: Officers now evaluate whether the individual had the intent to gain a benefit under immigration law or other U.S. law, taking into account age, knowledge, and mental capacity.
• Exceptions are limited: Congress has only provided a narrow exception for individuals who permanently resided in the U.S. before turning 16 years old.

This policy update applies immediately to all pending and newly filed requests.

Serious Consequences for Fraud

USCIS has made it clear that false claims to citizenship will not be tolerated. Applicants found inadmissible under this ground face permanent ineligibility for adjustment of status and other benefits. In addition, because no general waiver exists, individuals may have no legal pathway forward if they are found to have violated this rule.

Jennifer Behm, Esq., Partner at Berardi Immigration Law, explains:

“This update is a strong reminder that honesty is critical in every immigration filing. A false claim to citizenship, even if made years ago, can create a permanent bar with no waiver available. The safest approach is full transparency with USCIS and working with experienced counsel who can spot potential issues before they derail your case.”

What This Means for U.S. Citizenship Applicants

Anyone applying for immigration benefits should be extremely cautious about how they represent themselves on official forms, applications, and interactions with government agencies. Even seemingly small misstatements like checking the wrong box on an I-9 employment form can trigger a finding of inadmissibility.

If you are not sure whether your past conduct could raise issues, it’s important to get legal guidance before submitting an application. USCIS officers now have clear instructions to scrutinize these matters carefully, and the consequences of any negative findings are severe.

False Claims to U.S. Citizenship FAQs

What is considered a false claim to U.S. citizenship?

A false claim occurs when a noncitizen misrepresents themselves as a U.S. citizen for the purpose of obtaining an immigration benefit, employment, or any other federal or state benefit. This can include statements made on applications, during interviews, or even on employment forms such as the I-9.

Is intent required for a false claim finding?

Under Matter of Zhang, intent is not required, which means a person may still be found inadmissible even if they did not knowingly or intentionally misrepresent their citizenship. The Immigration and Nationality Act does not provide an exemption based solely on age or mental capacity. In other words, these factors are not a defense to this ground of inadmissibility.

However, immigration officers may still take them into account when assessing whether an individual had the subjective intent to falsely claim U.S. citizenship in order to obtain a benefit. When making this determination, officers may look at a variety of factors, such as:

• Age

• Level of education

• Background

• Mental capacity

• Understanding of the situation

• Ability to distinguish truth from falsehood

• Other relevant circumstances

This holistic review does not erase the ground of inadmissibility but helps officers evaluate whether the individual truly had the intent to gain an immigration benefit through the false claim.

Are there any exceptions or waivers available?

Generally, no waiver exists for false claims to U.S. citizenship. The only narrow exception applies to individuals who permanently resided in the U.S. before age 16 and who meet additional statutory criteria. For most applicants, a finding of inadmissibility is permanent.

What to Do About This New Citizenship Policy

The USCIS policy update makes it clear that false claims to U.S. citizenship carry some of the harshest consequences in immigration law. With Matter of Zhang now firmly controlling, applicants need to exercise extreme caution and be certain every statement made to USCIS or on government forms is truthful and accurate.

If you have questions or concerns about how these changes might affect your case, the team at Berardi Immigration Law is here to help. Our attorneys provide careful, honest guidance to help you avoid missteps and achieve your immigration goals.

Schedule a consultation with Berardi Immigration Law today to review your case and get tailored advice from experienced immigration attorneys.