9 FAM 40.63 Misrepresentation; Falsely Claiming Citizenship - Notes

U.S. Department of State Foreign Affairs Manual Volume 9―Visasshield the alien in question from inadmissibility under INA212(a)(6)(C)(i), irrespective of what penalties the aider orabettor might incur, if it can be established that the alien wasaware at the time of the misrepresentation made on his orher behalf.9 FAM 40.63 N4.6 Timely Retraction(CT:VISA-1670; 08-09-2011)A timely retraction will serve to purge a misrepresentationand remove it from further consideration as a ground for INA212(a)(6)(C)(i) and INA 212(a)(6)(C)(ii) inadmissibility.Whether a retraction is timely depends on the circumstancesof the particular case. In general, it should be made at thefirst opportunity. If the applicant has personally appearedand been interviewed, the retraction must have been madeduring that interview. If the misrepresentation has beennoted in a "mail-order" application, the applicant must becalled in for an interview and the retraction must be madeduring the course thereof. For this reason, aliens must bewarned of the penalty imposed by INA 212(a)(6)(C)(i) andINA 212(a)(6)(C)(ii) at the outset of every initial interview.Guidance may be sought through the advisory opinion process(CA/VO/L/A).9 FAM 40.63 N4.7 Applying the 30/60Day Rule(CT:VISA-1516; 09-14-2010)a. In determining whether a misrepresentation has beenmade, some of the most difficult questions arise fromcases involving aliens in the United States who conductthemselves in a manner inconsistent with representationsthey made to the consular officers concerning theirintentions at the time of visa application or to immigrationofficers when applying for admission. Such cases occurmost frequently with respect to aliens who, after havingobtained visas as nonimmigrants, either:9 FAM 40.63 Notes Page 6 of 29