USCIS Strengthens Policy on False Claims to U.S. Citizenship

USCIS Strengthens Policy on False Claims to U.S. Citizenship

By VISALEX Immigration Specialists

U.S. Citizenship and Immigration Services (USCIS) has recently updated its Policy Manual (Volume 8, Part K, Chapter 2) to reinforce how the government addresses false claims to U.S. citizenship. This updated guidance is now effective and applies to all requests pending or filed on or after the publication date.

At VISALEX, we believe it is critical for immigrants, families, and professionals to fully understand these changes — and the serious risks that come with providing false information in immigration matters.

 Background: Matter of Zhang (2019)

The policy update clarifies the application of Matter of Zhang, 27 I&N Dec. 569 (BIA 2019), which reshaped how USCIS interprets false claims of U.S. citizenship. Importantly:

  • Matter of Zhang supersedes all prior DHS guidance that once provided defenses based on an individual’s knowledge or legal capacity.
  • In other words, prior loopholes or exceptions no longer protect applicants who misrepresent U.S. citizenship.

 Key Policy Clarifications

  1. False Claims Are Grounds of Inadmissibility
    Under INA §212(a)(6)(C)(ii), any alien who falsely represents themselves as a U.S. citizen to gain an immigration benefit or any other federal/state benefit is inadmissible.
  2. No More Knowledge or Legal Capacity Defense
    Previously, some argued that an applicant’s lack of knowledge or understanding could serve as a defense. With this update, those defenses are no longer valid.
  3. Subjective Intent Still Matters
    USCIS will still consider factors such as:These elements help determine whether the individual had the subjective intent to misrepresent themselves for a benefit.
    • Age at the time of the false claim
    • Knowledge of the act
    • Mental capacity

 Why This Matters

  • Severe Consequences: A false claim to U.S. citizenship can result in a lifetime bar to admissibility, with very limited exceptions.
  • Fraud Detection Increasing: USCIS is ramping up its screening, vetting, and fraud detection systems, making it harder to conceal false claims.
  • Public Awareness Efforts: USCIS is actively educating both immigrants and the public about the consequences of immigration fraud.

VISALEX Guidance

At VISALEX, we see many talented professionals, entrepreneurs, and families eager to achieve their U.S. immigration goals. But shortcuts or misrepresentations can permanently destroy eligibility.

  • Never provide false information to USCIS or any U.S. government agency.
  • Consult with a trusted immigration attorney or accredited specialist before filing applications, especially if there are concerns about past representations.
  • If you believe a false claim may be an issue in your case, seek professional legal guidance immediately — these matters require precise legal strategy.

Final Word

Immigration success is built on credibility, transparency, and expert preparation. With USCIS tightening its stance on fraud and misrepresentation, applicants should take extra care to ensure their filings are truthful, accurate, and supported by strong evidence.

At VISALEX, our mission is to help clients achieve their immigration goals safely and legally, while avoiding pitfalls that could have permanent consequences.

📞 Contact us today if you have questions about how this new policy might impact your case.