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Don’t claim to be a USC!


In a precedent decision issued today, the BIA held that a false claim to U.S. citizenship falls within the scope of INA §212(a)(6)(C)(ii)(I) where there is direct or circumstantial evidence that the false claim was made with the subjective intent of obtaining a purpose or benefit under the INA or any other federal or state law, and where U.S. citizenship actually affects or matters to the purpose or benefit sought. The BIA further held that there is a distinction between achieving a “purpose” and obtaining a “benefit” under INA §212(a)(6)(C)(ii)(I), and that avoiding removal proceedings qualifies as a “purpose” within the meaning of that section.

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