The US Citizenship and Immigration Services issued a fresh warning to illegal aliens who provide false information to the administration to gain entry into the US. The agency said it has restored robust screening and vetting capabilities so that such individuals are caught easily. “Protecting the integrity of our lawful immigration system to make America safe again is our top priority. We’ve restored our robust screening and vetting capabilities so we can detect aliens with harmful intent and deter them from trying to enter the US,” the agency said. “Immigration fraud is a crime we take seriously. Aliens who use false information or deceitful practices to unfairly obtain immigration advantages will face serious consequences,” it said.

What is immigration fraud?

Immigration fraud refers to intentionally misrepresenting or falsifying information to obtain an immigration benefit (such as a visa, green card, asylum, or US citizenship) or to help someone else do so. Visa fraud, marriage fraud, and employment-based fraud all come under this. The USCIS said Congress provided a specific ground of inadmissibility to address when an alien falsely claims to be a US citizen for any purpose or benefit under the Immigration and Nationality Act or any other federal or state law. This ground of inadmissibility applies to false claims to US citizenship made on or after September 30, 1996. If found inadmissible under this ground, the alien is permanently barred from adjustment of status and, in most cases, there is no immigrant waiver available. However, Congress provided a narrow exception for certain aliens who permanently resided in the United States before turning 16 years of age.In 2019, the Board of Immigration Appeals in Matter of Zhang found that a false claim to citizenship can carry immigration consequences even if it was not knowingly made. USCIS incorporated that decision into its policy manual in 2020, clarifying that it is not necessary to show intent to find an alien inadmissible for a false claim to US citizenship.The updated policy provides the steps an officer should follow to determine inadmissibility, to detrmine whether an alien had a subjective intent to achieve something or to benefit.