Can a Waiver be Obtained for a False Claim to U.S. Citizenship?

QUESTION:  I was charged with false claim to U.S. citizenship almost 6 years ago.  Is it possible to get a nonimmigrant waiver of this ground of inadmissibility? 

REPLY:  You can certainly apply for a nonimmigrant waiver to the U.S. pursuant to INA § 212(d)(3).  This section of law will waive inadmissibility under INA § 212(a)(6)(C)(ii) for a false claim to U.S. citizenship.  Whether you have a strong case for a nonimmigrant waiver under § 212(d)(3), however, is a different inquiry altogether. 

Nonimmigrant waivers pursuant to INA § 212(d)(3) are adjudicated based upon a legal standard set forth by the Board of Immigration Appeals (“BIA”) in a landmark case known as Matter of Hranka.  In that case, the BIA set forth three (3) factors that must be considered when adjudicating these nonimmigrant waiver applications.  These factors are:

(1)     The risks of harm in admitting the applicant;

(2)     The seriousness of the acts that caused the inadmissibility; and

(3)     The importance of the applicant’s reasons for seeking entry.

A false claim to citizenship is an extremely serious violation of the immigration law, for which there is a lifetime bar to admission unless you obtain a nonimmigrant waiver (there is no immigrant waiver for this violation).  Due to the seriousness of the violation, the other factors presented in your case will have to be strong enough to outweigh the negativity associated with such a serious violation.

In order to conduct a complete analysis regarding the chances of success in your particular case, I would need more information about you and your specific case.  If you would like to submit additional information about your immigration history and receive a complete professional analysis, I suggest calling our office to set up a consultation. 

Request Consultation with Sarah E. Murphy, Esq.