False Claims to Citizenship
Prior to May 1998

In a September 17, 1997 cable, the U.S. State Department discusses the recent law regarding false claims to U.S. citizenship.

An alien who made a false claim to U.S. citizenship prior to Sept. 30, 1996 in order to obtain a U.S. passport, entry into the U.S., or other benefit under the Immigration and Nationality Act (INA) is ineligible for a visa provided the false claim was made to a U.S. government official. A waiver is available for non immigrant visa applicants under this section, and a waiver is a available in immigrant visa cases if the alien has the requisite family relationship and can establish "extreme hardship" to the relative.

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) added more stringent criteria resulting in ineligibility for aliens who make a false claim to U.S. citizenship on or after Sept. 30, 1996. An alien who has made or makes a false claim to U.S. citizenship on or after Sept. 30, 1996 in order to obtain a U.S. passport or entry into the U.S., or for any other purpose or benefit under the INA (including employment authorization), or for any purpose or benefit under any other Federal or State law, is inadmissible under IIRIRA, regardless of whether the false claim was made to a U.S. government official. A waiver is available for non immigrant visa applicants under this section, but no waiver is available in immigrant visa cases.

A false claim to U.S. citizenship, for example, to obtain welfare benefits or a false representation of U.S. citizenship made for the purpose of voting in a federal or state election would fall within this new law. This would be in addition to any ineligibility finding which would apply under the recent unlawful voting provisions.