Amended Policy on False Claims of U.S. Citizenship for Minors

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.

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