U.S. Citizenship and Immigration Services (USCIS) has announced new guidance restoring robust screening and vetting processes to detect and deter immigration fraud, including cases where individuals make false claims to U.S. citizenship. The updated policy underscores that such conduct carries serious immigration consequences and will not be excused by defenses previously available under Department of Homeland Security (DHS) guidance.

This update, now effective and controlling, applies to all benefit requests pending or filed on or after the publication date. It specifically addresses the application of Matter of Zhang, 27 I&N Dec. 569 (BIA 2019), to the false claim to citizenship ground of inadmissibility under Immigration and Nationality Act (INA) § 212(a)(6)(C)(ii).

Key Policy Clarifications

The USCIS Policy Manual, Volume 8, Part K, Chapter 2, has been updated to:

1. Affirm the controlling authority of Matter of Zhang
   In Matter of Zhang, the Board of Immigration Appeals (BIA) held that intent is not required to establish removability for making a false claim to U.S. citizenship under INA § 237(a)(3)(D)(i). An alien need only falsely represent themselves as a U.S. citizen for any purpose or benefit under federal or state law.
2. Supersede prior DHS guidance
   All earlier interpretations that allowed defenses based on an alien's knowledge or legal capacity—such as arguing that a false claim was not “knowing” or “willful”—are no longer valid. The Zhang decision makes clear that the plain language of the statute does not require a culpable mental state.
3. Clarify treatment of age, knowledge, and mental capacity
   USCIS officers must still consider whether an alien had the subjective intent to obtain an immigration purpose or benefit. However, except for narrow statutory exceptions (such as certain minors with U.S. citizen parents who reasonably believed they were citizens), the absence of knowledge or willfulness does not shield an alien from inadmissibility or deportability.

Why Matter of Zhang Matters

The Zhang case involved a Chinese national who unlawfully purchased a fraudulent Certificate of Naturalization and later used it to obtain a U.S. passport. The BIA concluded:

·         A false claim to citizenship does not require proof that the individual acted knowingly or willfully.

·         A Certificate of Naturalization, while evidence of citizenship, does not confer citizenship if obtained unlawfully.

·         DHS has authority to cancel fraudulent certificates even if formal denaturalization proceedings are not pursued

This precedent closed the door on defenses rooted in good faith or mistaken belief, reinforcing that the consequences for making false claims to citizenship are severe and largely unforgiving.

Practical Implications

For immigrants and their advocates, this policy carries significant consequences:

• No second chances for false claims: Even mistaken or non-knowing claims may trigger inadmissibility or removability.
• Heightened fraud detection: USCIS has signaled its intent to apply rigorous scrutiny in all cases, with increased public awareness efforts.
• Importance of truthful representation: Any misstatement—whether on an I-9 employment form, a state driver's license application, or during interactions with federal officials—can have life-altering consequences.

Saluja Law's Perspective

At Saluja Law, we recognize that this clarification reflects a zero-tolerance approach toward fraud in the immigration system. While the law provides limited exceptions, the bar for relief is extremely high. Immigrants facing allegations of false claims to U.S. citizenship must be prepared for the government to argue that Zhang leaves little room for leniency.

Our firm continues to monitor USCIS updates and provide guidance for clients navigating these complex issues. If you or a loved one faces questions regarding false claims to citizenship or immigration fraud allegations, we encourage you to seek counsel immediately to protect your rights and explore available options.