The Department of Homeland Security (DHS) and Department of State (DOS) are planning on amending their policies regarding Alien minors making false claims of being a United States (U.S.) Citizen. The amendment will require that only a “knowingly false claim” can support the charge, in which the individual in question must establish lack of knowledge “clearly and beyond doubt”; or that individual was:
a) Under the age of 18 at the time of the false Citizenship claim
b) At the time lacked the capacity to understand and appreciate the nature and consequence of a false claim to Citizenship.
Both of these situations must still establish a lack of knowledge by the “clearly and beyond doubt” standard. As a Los Angeles based US Immigration Attorneys office we welcome the news and are glad to see a step in the right direction.
