US Citizenship and Immigration Services (USCIS) has announced updated policy guidance aimed at strengthening the screening and vetting of individuals seeking immigration benefits.
The agency is focusing on identifying and addressing false claims to US citizenship and other forms of immigration fraud, with new measures that take effect immediately.
According to a statement released by USCIS, the updated policy clarifies how immigration officers should apply the Board of Immigration Appeals’ decision in Matter of Zhang, 27 I&N Dec. 569 (BIA 2019), particularly in relation to inadmissibility under the Immigration and Nationality Act (INA) section 212(a)(6)(C)(ii), which addresses false claims to American citizenship.
Clarification of Legal Framework
USCIS has revised Volume 8, Part K, Chapter 2 of its Policy Manual. The change explains that the Matter of Zhang decision replaces all earlier DHS guidance that allowed some exceptions to the rule against false claims to US citizenship. These exceptions considered a person’s age, understanding, or mental ability.
The guidance states, “the decision in Matter of Zhang supersedes all prior DHS policy and guidance that provided a defence to the false claim to American citizenship ground of inadmissibility under the Immigration and Nationality Act (INA) 212(a)(6)(C)(ii) based on an alien’s knowledge or legal capacity”
Evaluation of Intent and Mental Capacity
The new policy also provides instructions on how USCIS officers should evaluate subjective intent when determining if an individual made a false claim to citizenship. Officers will now consider the individual’s age, level of understanding, and mental capacity in these determinations.
According to USCIS, “We consider age, knowledge, and mental capacity when determining whether an alien had the subjective intent to achieve a purpose or benefit under the INA or any other federal or state law.” However, this assessment is now conducted under the framework set by Matter of Zhang, which places more emphasis on the intent to obtain a benefit through misrepresentation.
Impact on Current and Future Immigration Cases
The policy update applies not only to future filings but also to pending applications as of the date of publication. USCIS noted that the Policy Manual guidance is controlling and overrides any conflicting previous guidance.
This is part of the agency’s intention to reinforce integrity in the immigration system. USCIS noted that it is working to increase public awareness about the risks and consequences of immigration fraud, stating that individuals who submit false information or use deceit in their applications will face consequences under the law.
“Aliens who use false information or deceitful practices to unfairly obtain immigration advantages will face serious consequences,” USCIS stated.
Increased Focus on Immigration Fraud Prevention
The update signals a renewed focus by USCIS on enforcing laws related to misrepresentation and fraud. The agency stated that it is restoring screening and vetting processes “to detect aliens seeking to defraud or abuse the immigration system,” and is committed to ensuring that benefits go only to those eligible under federal law.
The updated guidance took effect immediately upon publication. Immigration attorneys and applicants are encouraged to review the revised section of the USCIS Policy Manual for compliance and case preparation.
