9 FAM 40.63 Misrepresentation; Falsely Claiming Citizenship - Notes

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U.S. Department of State Foreign Affairs Manual Volume 9―Visasstandard demanded for a conviction in court, a "reason tobelieve” standard requires that a probability exists,supported by evidence which goes beyond mere suspicion.9 FAM 40.63 N4.7-1 Applying 30/60 Day RuleWhen Alien Violates Status(CT:VISA-1385; 12-11-2009)You should apply the 30/60-day rule if an alien states on hisor her application for a B-2 visa, or informs an immigrationofficer at the port of entry (POE), that the purpose of his orher visit is tourism, or to visit relatives, etc., and then violatessuch status by:(1) Actively seeking unauthorized employment and,subsequently, becomes engaged in suchemployment;(2) Enrolling in a program of academic study without thebenefit of the appropriate change of status;(3) Marrying and taking up permanent residence; or(4) Undertaking any other activity for which a change ofstatus or an adjustment of status would be required,without the benefit of such a change or adjustment.9 FAM 40.63 N4.7-2 Inconsistent ConductWithin 30 Days of Entry(CT:VISA-998; 08-26-2008)If an alien violates his or her nonimmigrant status in amanner described in 9 FAM 40.63 N4.7-1 within 30 days ofentry, you may presume that the applicant misrepresentedhis or her intention in seeking a visa or entry.9 FAM 40.63 N4.7-3 After 30 Days But Within60 Days9 FAM 40.63 Notes Page 8 of 29
U.S. Department of State Foreign Affairs Manual Volume 9―Visas(CT:VISA-1385; 12-11-2009)If an alien initiates such violation of status more than 30 daysbut less than 60 days after entry into the United States, nopresumption of misrepresentation arises. However, if thefacts in the case give you reasonable belief that the alienmisrepresented his or her intent, then you must give the alienthe opportunity to present countervailing evidence. If you donot find such evidence to be persuasive, submit acomprehensive report to the Advisory Opinions Division(CA/VO/L/A) for the rendering of an advisory opinion. (See 9FAM 40.63 N7.2).9 FAM 40.63 N4.7-4 After 60 Days(CT:VISA-998; 08-26-2008)When violative conduct occurs more than 60 days after entryinto the United States, the Department does not considersuch conduct to constitute a basis for an INA 212(a)(6)(C)(i)inadmissibility.9 FAM 40.63 N4.8 Evidence of Violationof Status(CT:VISA-1385; 12-11-2009)a. To find an alien inadmissible under INA 212(a)(6)(C)(i),there must be evidence that, at the time of the visaapplication or entry into the United States, the alien statedorally or in writing to a consular or immigration officer thatthe purpose of the visit to the United States was otherthan to work or remain indefinitely. Ordinarily, suchevidence would be in the form of an admission, frominformation taken from the alien's nonimmigrant visa (NIV)application, or a report by an immigration officer that thealien made such a statement (e.g., as would be found onthe DHS Form I-275, Withdrawal of Application/ConsularNotification). Additionally, all findings of inadmissibilityunder the 30/60-day guidelines described in 9 FAM 40.63N4.7-1 through 9 FAM 40.63 N4.7-4 would require the9 FAM 40.63 Notes Page 9 of 29
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9 FAM 40.63 Misrepresentation; Falsely Claiming Citizenship - Notes

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