Claiming to be a U.S. citizen even when you're not can get you in huge trouble. Learn more about it here.
On August 20, 2025, the United States Citizenship and Immigration Services (USCIS) updated its Policy Manual. It reshaped how the government handles a false claim to U.S. citizenship. This change revises Chapter 2 (Determining False Claim to U.S. Citizenship) and Chapter 4 (Exemptions, Exceptions, and Waivers) of Volume 8, Part K.
The revisions are part of a strict-liability approach and rely on Matter of Zhang, 27 I&N Dec. 569 (BIA 2019). Officer discretion and narrow defenses are out of the picture, and immigrants have far fewer options. This means that noncitizens making a false claim can have grave repercussions, even if it's accidental.
This guide details what you should know about the new policy update, what it means for applicants, and how those claiming false citizenship will be dealt with.
Key Takeaways:
• Claiming U.S. citizenship is a huge deal with the August 2025 USCIS Policy Update. It may send you back to your home country.
• Fear, pressure, survival, and confusion can make an immigrant falsely claim citizenship.
• Even children can be penalized for this mistake, making the update even more difficult for immigrants.
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Table of Contents
A false claim to U.S. citizenship is one of the many harsh inadmissibility grounds under the Immigration and Nationality Act (INA § 212(a)(6)(C)(ii)) and a ground of removability under INA § 237(a)(3)(D). You'll be barred from entering the United States and getting immigration benefits. You'll also be deported for just this mistake.
This false claim provision doesn't need an intent. That means any U.S. citizenship claim can unleash a chain of unfortunate events even if the applicant didn't know, didn't intend to mislead, or just checked the wrong form box.
The 2025 USCIS policy manual revises four major areas:
No intent is required. However, an applicant or an employee may be inadmissible if they make a false claim.
False statements apply across these areas:
• Naturalization applicants: A past false claim may prevent one from showing good moral character.
• Green card applicants: Mistakingly checking a box on a form can spell denial.
• Refugees and asylees: The standard may still exist even if waivers are narrow.
• Children: A child can be penalized for false citizenship claims.
Applicants processing their visas at consulates and employment verification (Form I-9) are also affected. Customs and Border Protection inspections at ports of entry may also occur.
A claim "to get a benefit" now includes any attempt to obtain another benefit under immigration law.
If evidence suggests a false claim, the immigrant must prove they didn't make it. This takes the burden of proof off the shoulders of USCIS officers.
Before the revision, these things mattered:
• Intent: Officers could consider whether the immigrant knowingly misinterpreted their status.
• Timely retraction: It might not be fatal if a person correctly corrected the false claim.
• Age: Back then, a child or minor could be forgiven for false claims.
• Ambiguous forms: Older Form I-9s pre-2009 combined citizen or national in one section, which may have led to mistakes.
The Board of Immigration Appeals' (BIA) verdict in the Matter of Zhang (2019) shifted the way false claim cases were decided.
The BIA held that INA § 237(a)(3)(D)(i) doesn't require intent. A noncitizen making a false claim is removable, regardless of willfulness. The Board rebutted with INA § 212(a)(6)(C)(i), requiring a willful misrepresentation.
This means that even a person who didn't speak English well, didn't understand the documents, or was a minor, could be found to have made a false claim.
Adding the Matter of Zhang to the USCIS policy manual has solidified this interpretation as a nationwide policy.
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Making a false claim to your U.S. citizenship is a damaging mistake in immigration law. However, it happens more often, and these are some of the reasons why:
Many immigrants believe that being a U.S. national and a U.S. citizen, such as an American Samoan and a person living in the United States, are the same.
Another cause is the limited English proficiency of some immigrants. Some may have had a hard time understanding legal distinctions.
Employers may pressure job applicants to provide information on their citizenship status. Other workers may mistakenly check the "U.S. citizen" box on the I-9 employment form to keep their jobs and avoid delays.
Some also lack enough knowledge about work authorization categories, such as lawful permanent resident or refugee, which can lead to errors.
Some applicants think falsely claiming U.S. citizenship is a faster approach to obtaining a green card or visa approval. Others think that a false statement won't matter if they're eligible.
In rare instances, unlicensed consultants may have told applicants to present themselves as citizens for an easier life.
Children or teenagers filling out school and work forms may check the wrong box without thinking about the consequences of their actions. Some young people raised in the United States by their citizen parents may believe they're actually citizens. They may not understand that citizenship status depends on birth or naturalization.
Aliens facing urgent situations, like detention, border entry issues, and financial problems, may have to falsely claim citizenship as a means of survival. There's also fear of being denied education, medical access, and benefits in between.
The updated Chapter 4 is reorganized into three categories:
• Special immigrant juveniles (INA § 101(a)(27)(J))
• Registry applicants (INA § 249)
These apply to people who:
• Had U.S. citizen parents
• Came to the U.S. before age 16
• Reasonably believed they were U.S. citizens
These are available only where Congress explicitly authorized:
• Asylees
• Refugees
• Trafficking victims
• Legalization applicants
USCIS rejects arguments based on age, lack of intent, or mental incapacity.
Making a false claim to U.S. citizenship can result in various legal consequences, including:
• Permanent inadmissibility: There'll be no eligibility for a visa or a green card in the future.
• Removability: The immigrant charged will be deported under INA § 237(a)(3)(D).
• Loss of good moral character: There will be no naturalization to citizenship.
• Employment issues: Employees who make a false claim on their I-9 form may face termination and sanctions.
• Criminal penalties: Certain false statements can be punishable under federal law.
The strict liability of these rules creates these concerns:
• No intent requirement, which punishes applicants who don't know.
• Minors can face lifetime imprisonment by just falsely claiming they're U.S. citizens.
• Timely retraction and ambiguous documents have been largely eliminated.
• Immigrants must now prove that the allegations aren't true.
Lawyers can still use these limited strategies even under the new guidance:
• Challenge the evidence: Argue that the government's documents don't show a false claim.
• Federal court litigation: Start arguments regarding due process.
• State law analysis: State definitions of benefit eligibility and citizenship may help.
• Equitable arguments: Attorneys can still argue fairness in some cases.
• Refugee and asylee waivers: Lawyers can explore whether statutory waivers apply.
This update aligns with illegal immigration reform, which emphasizes stricter enforcement. Adopting strict liability allows USCIS to reinforce that immigrant responsibility includes accuracy in every citizenship status or representation.
• In any circumstances, never falsely claim citizenship.
• Review forms carefully, especially the I-9 and other immigration applications.
• Seek legal help when you're unsure about representing your immigrant status or citizenship.
• Keep prior documents and other related records to provide proof if you're questioned.
• Keep in mind that even an innocent false statement can have serious repercussions.
A false claim to U.S. citizenship is one of the toughest provisions in immigration law. The August 20, 2025, update has almost made it invincible.
This is an extreme cautionary tale for immigrants like you —review the forms you're signing. One mistake can get you out of the United States and shatter the hard work you've built just to get into the country.
Here at Hacking Immigration Law, LLC, we're committed to helping you sort out your false citizenship claim and ensuring your continued stay in the U.S. for the future. Schedule a call with us now!
