USCIS Narrows Defenses and Clarifies the “False Claim to U.S. Citizenship” Ground

U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual Volume 8, Part K, Chapter 2, to incorporate more fully the application of the Board of Immigration Appeals (BIA) decision in Matter of Zhang, 27 I&N Dec. 569 (BIA 2019). In that decision, the BIA held that the false claim of U.S. citizenship ground of inadmissibility under Immigration and Nationality Act (INA) § 212(a)(6)(C)(ii) does not include an intent requirement. Prior DHS guidance had treated the person’s knowledge, age, or mental capacity as possible defenses to this ground. The update spells out when the person might still be able to show they did not have a subjective intent to obtain a benefit under state or federal law. It is effective immediately for cases pending or filed on/after Aug. 20, 2025.