By Brian Figeroux, Esq. | Editorial credit: Evgenia Parajanian / shutterstock.com 

For immigrants striving for a life in the United States, the allure of U.S. citizenship can be strong. However, falsely claiming to be a U.S. citizen, whether through fraudulent documents, verbal assertions, or incorrect completion of forms like the I-9, carries severe and often irreversible consequences, frequently leading to deportation. This analysis delves into the gravity of such actions, outlining the potential penalties and exploring the limited defenses available to those facing removal proceedings due to these serious immigration violations.

The Landscape of False Claims: When Representation Becomes Perilous

A false claim to U.S. citizenship arises in various scenarios, each laden with significant legal peril. It’s not merely about possessing a fake document; it encompasses a broader spectrum of misrepresentation.

1. Explicit Representation as a U.S. Citizen: This is the most direct form of false claim. It occurs when an individual explicitly states, orally or in writing, that they are a U.S. citizen, knowing this to be untrue. This could happen in interactions with government officials, law enforcement, or even private individuals, if the purpose is to obtain a benefit under federal or state law. For example, falsely claiming citizenship to avoid removal proceedings, to pass inspection by immigration officials, or to engage in unauthorized employment all fall under this category.
2. Fraudulent Documents: The production, use, or possession of fraudulent documents purporting to establish U.S. citizenship is a grave offense. This includes fake U.S. passports, birth certificates, or Social Security cards. The intent to deceive and to obtain a benefit for which U.S. citizenship is a prerequisite is key here. Such documents are often used to gain employment, access social services, or even to attempt to register to vote.
3. Incorrect I-9 Completion: The Employment Eligibility Verification Form I-9 is a critical document for all employers in the U.S. It requires employees to attest to their identity and employment authorization. A common pitfall for non-citizens is checking the box on Form I-9 that indicates they are a “U.S. citizen or national,” when they are, in fact, not. While earlier versions of the I-9 form may have created some ambiguity by combining “citizen” and “national,” current forms are clearer. Even if an individual is otherwise authorized to work (e.g., a green card holder), falsely claiming U.S. citizenship on the I-9 can trigger severe penalties. The act of completing the I-9 is considered a claim made for a benefit under federal law (employment), thus meeting the criteria for a false claim.

The Staggering Consequences: A Lifetime of Repercussions

The repercussions for making a false claim to U.S. citizenship are among the most severe in U.S. immigration law. Unlike some other immigration violations, a false claim to U.S. citizenship often results in a permanent bar to any future immigration benefits, with extremely limited avenues for relief.

1. Permanent Inadmissibility and Deportability: The primary and most devastating consequence is permanent inadmissibility to the United States under Immigration and Nationality Act (INA) Section 212(a)(6)(C)(ii). This means the individual can never legally return to the U.S., obtain a visa, or adjust their status to a lawful permanent resident, even if they have a qualifying family petition. Furthermore, if the individual is already in the U.S., they become deportable (removable) under INA Section 237(a)(3)(D). This makes them a priority for immigration enforcement and places them directly into removal proceedings.
2. No Waiver Available (with rare exceptions): Crucially, for false claims to U.S. citizenship made on or after September 30, 1996, there is generally no waiver available. This sets it apart from many other grounds of inadmissibility, where a waiver (Form I-601) might be sought if extreme hardship to a U.S. citizen or lawful permanent resident spouse or parent can be proven. The lack of a waiver underscores the seriousness with which U.S. immigration law treats false claims to citizenship.
3. Criminal Charges and Imprisonment: Beyond immigration consequences, individuals who make false claims to U.S. citizenship can face criminal charges under federal law. Using fraudulent documents or making false statements to federal officials can lead to significant fines and imprisonment, potentially for several years. This is especially true if there’s evidence of a “pattern or practice” of such violations.
4. Impact on Future Immigration Record: Even if an individual somehow avoids immediate deportation or criminal charges, the false claim will remain on their immigration record indefinitely. This creates a formidable obstacle for any future attempts to secure legal status, as it demonstrates a fundamental dishonesty and disregard for U.S. law.

Defenses Against Deportation: A Narrow Path

Given the severe nature of the consequences, defenses against deportation for false claims to U.S. citizenship are exceptionally limited and often complex. Success hinges on specific circumstances and meticulous legal argumentation.

1. Claim Made Before September 30, 1996: A significant distinction exists for claims made before September 30, 1996. While still serious and potentially leading to inadmissibility under fraud or misrepresentation grounds (INA 212(a)(6)(C)(i)), a waiver may be available under INA 212(i) if extreme hardship to a qualifying U.S. citizen or lawful permanent resident spouse or parent can be demonstrated. This historical cut-off date is a critical factor in any defense strategy.
2. Lack of “Knowing” or “Willful” Intent: For a false claim to U.S. citizenship to lead to inadmissibility or deportability, the representation must generally have been made “knowingly” or “willfully.” This means the individual understood that their claim was false and intentionally made it. Potential defenses here include: 

• Minority: If the false claim was made while the individual was a minor (under 18), especially if they permanently resided in the U.S. before turning 16 and reasonably believed they were a citizen, this can be a strong defense. 
• Mental Incapacity: Individuals with proven mental incapacities that prevented them from understanding the nature of their actions may argue a lack of intent. 
• Mistake of Fact/Language Barrier: In some limited cases, it might be argued that the false claim was a genuine mistake due to a misunderstanding of a question, a language barrier, or an erroneous belief about their own citizenship status (e.g., if they were misinformed by others about their eligibility). However, proving this requires compelling evidence and often faces skepticism from immigration authorities. 
• Ambiguity in Older I-9 Forms: As mentioned, older versions of the I-9 form that combined “citizen or national” into one box could be argued as a source of confusion, leading to an unintentional false claim of citizenship when the individual only intended to claim U.S. nationality (a different status).

3. Timely Retraction: If a false claim was made, but then voluntarily and timely retracted before an immigration official or other U.S. government official challenged its truthfulness and before the conclusion of the proceeding, it may not lead to inadmissibility. The key here is the spontaneity and completeness of the retraction.
4. No “Purpose or Benefit” under Federal or State Law: The statute requires the false claim to be made “for any purpose or benefit” under the INA or any other federal or state law. If it can be definitively proven that the false claim served no such purpose or benefit, it might negate the grounds for inadmissibility. This is often difficult to prove, as employment or avoiding deportation are clearly defined benefits.

Conclusion: A Stern Warning and a Call for Diligence

The act of falsely claiming U.S. citizenship, whether through fraudulent documents, verbal assertions, or incorrect I-9 completion, represents a fundamental breach of immigration law with profound and often irrevocable consequences. For immigrants, the desire for stability and opportunity can be overwhelming, but resorting to such misrepresentation is a dangerous gamble that can lead to permanent bars from the United States and even criminal prosecution.

The defenses available are exceedingly narrow, highlighting the critical importance of honesty and accuracy in all interactions with immigration authorities and when completing official forms. Any uncertainty regarding one’s immigration status or eligibility should be addressed by consulting with a qualified immigration attorney. The temptation to take shortcuts or misrepresent facts, no matter how seemingly minor, pales in comparison to the lifetime of regret and separation that can result from a false claim to U.S. citizenship.