New USCIS Guidance about False Claim of Citizenship

A change in the law is being made internally where minors have claimed U. S. citizenship falsely. The current law here is especially harsh that a person who falsely represents that he or she is a U. S. citizen to obtain a benefit under the Immigration and Nationality Act or any federal or state law is removable and no waiver is available if the representation occurred on or after September 30, 1996. DHS’s office of the General Counsel issued a formal opinion on December 6, 2012 and advised the Department of State of it on May 30, 2013 and U.S.C.I.S. has provided its field attorneys with guidance to reflect the opinion that:

1. Only a knowingly false claim can support a charge that the person is permanently barred. The person has the burden of establishing the defense clearly and beyond doubt.

 2. A separate affirmative defense is that the person was under the age of 18 at the time of the false citizenship claim and at the time lacked the capacity to understand and appreciate the nature and consequences of a false claim to citizenship. Again he or she has the burden of establishing the defense clearly and beyond doubt.

<Source: http://discuss.ilw.com/content.php?2472-Article-DOL-Destroying-%A7245(I)-Confirmation-System-Shutdown-Effect-on-Immigration-Agencies-Parental-Rights-Permanent-Bar-and-Perm-Audit-Response-by-Alan-Lee>