On August 20, 2025, US Citizenship and Immigration Services (USCIS) issued updated guidance in its Policy Manual addressing how officers should evaluate cases involving false claims to US citizenship, a ground of inadmissibility under the Immigration and Nationality Act (INA) § 212(a)(6)(C)(ii).
Key Highlights of the Policy Update
- Matter of Zhang Supersedes Prior Guidance
USCIS clarified that the Board of Immigration Appeals (BIA) decision in Matter of Zhang, 27 I&N Dec. 569 (BIA 2019), now supersedes all prior DHS policy that allowed a defense based on an applicant’s lack of knowledge or legal capacity when making a false claim to U.S. citizenship. - Subjective Intent Matters
Officers must assess whether the applicant had the subjective intent to falsely claim U.S. citizenship for any purpose or benefit under federal or state law. This includes evaluating factors such as age, mental capacity, and understanding of citizenship status. - Expanded Scope of False Claims
A false claim does not need to be made to a government official. It can be made to private individuals or entities, such as employers, and can occur in oral statements, written applications, or submitted documents. - Distinction Between US Citizen and US National
USCIS emphasized the legal distinction between a US citizen and a US national, noting that confusion between the two does not automatically exempt an applicant from inadmissibility. - Timely Retraction and Exceptions
Officers must also consider whether the applicant timely retracted the false claim and whether any statutory exceptions or waivers apply. These determinations are made on a case-by-case basis and require thorough documentation.
This guidance is now in effect and applies to all pending and future applications. It is codified in Volume 8, Part K, Chapter 2 of the USCIS Policy Manual and supersedes any prior related guidance.
Erickson Insights & Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.