False Claims to U.S. Citizenship: Updated Policy Guidance

28/08/2025

On August 20, 2025, U.S. Citizenship and Immigration Services (USCIS) announced updated enforcement measures to address individuals making false claims to U.S. citizenship to obtain immigration benefits. USCIS is enhancing its screening and vetting procedures to uphold the integrity of the immigration system and increasing efforts to inform the public about the consequences of providing false information. The agency updated Volume 8, Part K, Chapter 2 of the USCIS Policy Manual to clarify the application of the Board of Immigration Appeals’ (BIA) 2019 decision in Matter of Zhang, which establishes that intent to deceive is not required to find a false claim inadmissible.

The revised guidance outlines the criteria USCIS officers use to determine inadmissibility under this ground, including factors such as age, knowledge, and mental capacity when assessing whether an individual sought to obtain benefits under the Immigration and Nationality Act (INA) or other applicable laws. This update confirms that the Matter of Zhang decision supersedes prior Department of Homeland Security (DHS) policies that provided defenses based on an individual’s awareness or legal capacity. It also details statutory exceptions, including provisions for individuals who resided permanently in the United States prior to reaching the age of 16.

These changes are effective immediately and apply to all requests pending or filed on or after August 20, 2025. The USCIS Policy Manual now reflects comprehensive revisions to sections on determining false claims, exemptions, exceptions, and waivers. It is important for applicants and legal representatives to stay informed of these updates, as false claims may result in significant immigration consequences, including permanent bars to adjustment of status with limited waiver options available.

Explore more on:

20250820-FalseClaimToUSCitizenship.pdf

USCIS to Enforce Consequences for Aliens Who Falsify Information | USCIS

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