False Claims to U.S. Citizenship: Legal Consequences

Claiming to be a U.S. citizen when you are not is a serious offense under U.S. immigration law. Non-citizens who make false claims to U.S. citizenship can face severe consequences, including removal (deportation) and permanent inadmissibility to the United States.

Legal Basis for False Claims

What is the U.S. Code for false claim to citizenship?

The Immigration and Nationality Act (INA) Section 212(a)(6)(C)(ii) makes a non-citizen inadmissible if they falsely claim to be a U.S. citizen for any purpose or benefit under federal or state law. Additionally, 18 U.S.C. § 911 is a federal criminal statute that makes it a crime to falsely and willfully represent oneself as a U.S. citizen.

Consequences of Falsely Claiming U.S. Citizenship

What happens if you falsely claim U.S. citizenship?

Individuals who falsely claim U.S. citizenship may be permanently barred from entering or remaining in the United States. There are very limited exceptions, and even minor or unintentional false claims can result in harsh penalties. The consequences include removal proceedings, denial of future immigration benefits, and criminal prosecution.

What happens if I lie about being a U.S. citizen?

Lying about being a U.S. citizen can result in removal from the United States and a permanent bar to reentry. Even if the false claim was made years ago or under pressure, it can still have lifelong immigration consequences. In some cases, individuals may also face criminal charges under federal law.

Waivers and Pardons

Is there a pardon for a false claim to U.S. citizenship?

There is generally no waiver or pardon available for a false claim to U.S. citizenship. Unlike some other immigration violations, the law does not provide a general waiver for this ground of inadmissibility. Only very narrow exceptions apply, such as when both parents are or were U.S. citizens, the individual resided in the U.S. before the age of 16, and reasonably believed themselves to be a citizen.

Conclusion

Making a false claim to U.S. citizenship is one of the most serious violations in U.S. immigration law. Anyone facing allegations of a false claim should seek legal advice from an experienced immigration attorney.