Changes in USCIS adjudication of false claim of US Citizenshi

The decision in **Matter of Zhang** (BIA 2019) now fully supersedes all prior Department of Homeland Security (DHS) policy and guidance regarding the **false claim to U.S. citizenship ground of inadmissibility** under **INA 212(a)(6)(C)(ii)**. This includes previous defenses that relied on the alien’s lack of knowledge or legal capacity—such as age or mental incapacity—as a protection against this ground of inadmissibility.

Key Changes and Clarifications

No Defense Based Solely on Age or Mental Capacity:

There is no statutory or policy-based defense to inadmissibility for a false claim to U.S. citizenship based solely on an applicant’s age, knowledge, or mental capacity. For example, a minor or a person with diminished mental capacity is not automatically exempt.

Subjective Intent Remains Relevant:

While the need for willfulness or knowing intent has been removed for this ground, USCIS officers must consider the individual’s **subjective intent** when evaluating whether the alien made the false claim to achieve a purpose or benefit under the INA or any other federal or state law. This is a factual determination based on the circumstances of each case.

An officer can only find an alien inadmissible based on a false claim to U.S. citizenship if the alien made the claim with the subjective intent to obtain a purpose or benefit under the INA or any other federal or state law.

Factors Considered for Subjective Intent:

In evaluating subjective intent, officers may consider the alien’s:

• Age
• Level of education
• Background
• Mental capacity
• Level of understanding
• Ability to differentiate true from false
• Any other relevant circumstances.

No Blanket Exemptions:

Although these factors are considered, there are **no blanket exemptions**. Officers must weigh evidence and circumstances, but there is no automatic protection for children or those with cognitive impairment.

Scope of False Claims:

The false claim need not be made to a government body—it can be made to private parties (such as employers) and can occur in any form, including oral, written, or in submitted documents.

Practical Implications

• Officers must seek direct or circumstantial evidence of subjective intent for each case.
• Previous DHS guidance, memoranda, and opinions providing defenses for age, knowledge, or mental capacity are explicitly overridden.
• This policy applies to all pending and future cases, even if the false claim was made prior to the Matter of Zhang decision.

Conclusion

Matter of Zhang marks a substantive shift, making it clear that the only relevant inquiry is whether the alien intended to obtain a benefit or purpose—they do not need to have knowingly or willfully made a false claim, and age or mental capacity alone does not insulate applicants from inadmissibility. However, these factors still play a role in determining subjective intent.

Source: Chapter 2 – Determining False Claim to U.S. Citizenship – USCIS https://www.uscis.gov/policy-manual/volume-8-part-k-chapter-2