USCIS Crackdown: False Claim to US Citizenship Changes!!!

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The U.S. Citizenship and Immigration Services (USCIS) has ramped up its enforcement efforts against individuals who have falsely claimed U.S. citizenship.

In a new policy memorandum issued on August 20, 2025, USCIS clarified that making a false claim to U.S. citizenship is a serious immigration violation that results in a permanent lifetime bar to adjustment of status—and, in most cases, there is no available waiver to overcome this ground of inadmissibility.

The policy memo explains that an immigration officer may find someone inadmissible for a false claim to U.S. citizenship, if the person made the claim with the subjective intent to gain a benefit or purpose under the Immigration and Nationality Act (INA) or any other federal or state law.

This requires an officer to consider direct or circumstantial evidence to determine whether the individual had the subjective intent to gain such a benefit or purpose based on the following factors: age, level of education, background, mental capacity, level of understanding, appreciation of the difference between truth and falsity, and other relevant circumstances.

This new policy update reflects a broader push to enforce immigration laws more strictly, especially in cases where individuals falsely claim citizenship on forms such as job applications, voter registrations, or immigration paperwork.

Common Examples of Making a False Claim to U.S. Citizenship

#1 I-9 Form

Falsely claiming to be a U.S. citizen on the Form I-9 (Employment Eligibility Verification) is a serious immigration violation under U.S. law and can carry permanent consequences.

The I-9 Form is used by U.S. employers to verify the identity and employment authorization of individuals hired for employment in the United States.

Employees must attest under penalty of perjury to their employment eligibility, including whether they are a U.S. citizen, noncitizen, green card holder, or an alien authorized to work.

Checking the Box for “U.S. Citizen”

One of the most frequent ways an undocumented immigrant or noncitizen makes a false claim to U.S. citizenship is by selecting the box for “U.S. citizen” in Section 1 of the I-9 form.

This is considered a false claim to U.S. citizenship under INA § 212(a)(6)(C)(ii) and may lead to permanent inadmissibility and deportation.

#2 Being Unlawfully Registered to Vote

Registering to vote in federal, state, or local elections in the United States—when not a U.S. citizen—can be considered a false claim to U.S. citizenship and carries severe immigration consequences.

What Does It Mean to Be Unlawfully Registered to Vote?

A noncitizen is unlawfully registered to vote when they:

  • Check the box for “U.S. citizen” on a voter registration form (whether online, at the DMV, or on paper)
  • Submit a registration application while knowing they are not a citizen
  • Are automatically registered (e.g., at the DMV) and do not correct or decline the registration despite knowing they are ineligible

Here are three primary ways this can happen.

  1. Registering to Vote at the DMV
  • Many states offer voter registration when applying for a driver’s license or ID.
  • If a noncitizen mistakenly or intentionally registers as a voter by selecting “U.S. citizen,” it can count as a false claim.
  1. Filing a Voter Registration Form at a Booth or Online
  • Signing a voter registration form that includes a citizenship attestation is considered a false statement under oath if the person is not a U.S. citizen.
  1. Voting in an Election
  • Casting a ballot as a noncitizen is a separate offense and may lead to criminal prosecution, fines, and immediate removal.

#3 Student Loans and False Claims to U.S. Citizenship

Falsely claiming to be a U.S. citizen to obtain federal student loans or other educational benefits can also be considered a false claim to U.S. citizenship under U.S. immigration law.

Many federal student aid forms, especially the FAFSA (Free Application for Federal Student Aid), require applicants to indicate their citizenship or immigration status.

Common ways a false claim occurs:

  1. Selecting “U.S. Citizen” on the FAFSA
    • Noncitizens may check this box to try to qualify for Pell Grants, federal loans, or work-study programs.
    • This may constitute a false claim to U.S. citizenship under federal law.
  2. Using a Fraudulent SSN or Identity
    • Applying for aid under someone else’s identity or using a fake Social Security number linked to a U.S. citizen.
  3. Signing Under Penalty of Perjury
    • The FAFSA includes a certification that all information provided is true. Falsely claiming U.S. citizenship can be considered a willful misrepresentation.

#4 FHA Loans and False Claims to U.S. Citizenship

Falsely claiming to be a U.S. citizen to qualify for FHA loans or other federal housing benefits can also be considered a false claim to U.S. citizenship.

#5 Presenting a Fraudulent Passport/ID

Finally, presenting a fraudulent U.S. passport or identification—such as a birth certificate, Social Security card, or state ID—to pass as a U.S. citizen is a clear and serious false claim to U.S. citizenship.

Conclusion

Falsely claiming U.S. citizenship—whether on a job form, voter registration, or student/housing aid application—can lead to a permanent lifetime bar with no waiver available in most cases.

With USCIS now enforcing these violations more strictly, noncitizens should be extremely careful and seek legal advice if unsure about their status or past actions.

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