USCIS Tightens Policy on False Claims to U.S. Citizenship After Zhang

(U.S.) U.S. Citizenship and Immigration Services (USCIS) on August 20, 2025, issued new policy guidance that tightens how officers handle any false claim to U.S. citizenship. The update clarifies that the Board of Immigration Appeals’ decision in Matter of Zhang, 27 I&N Dec. 569 (BIA 2019), controls USCIS decisions on this issue and supersedes all earlier Department of Homeland Security guidance that allowed a defense based on a person’s knowledge or legal capacity at the time of the claim. The change is effective immediately and applies to cases already pending as well as new filings.

Under the Immigration and Nationality Act (INA) 212(a)(6)(C)(ii), a false claim to U.S. citizenship made on or after September 30, 1996, can make a person inadmissible. In most cases, this is a permanent bar to adjustment of status. There is no immigrant waiver in most situations. Congress created a narrow exception for certain people who permanently lived in the United States 🇺🇸 before they turned 16.

USCIS says it is restoring strong screening and vetting to detect fraud, including false claims to citizenship, and will increase public awareness about the serious outcomes tied to immigration fraud. The agency’s Policy Manual Volume 8, Part K, Chapter 2 is revised to give officers clear steps to evaluate a false claim. Chapter 4 is retitled “Exemptions, Exceptions, and Waivers” and updated in full. The guidance explains how officers should weigh a person’s age, knowledge, and mental capacity when deciding whether the person had the “subjective intent to achieve a purpose or benefit” under the INA or any other federal or state law.

Policy Changes Overview

Matter of Zhang established that a false claim to citizenship does not need to be “knowingly” made for immigration consequences to follow. USCIS first added that rule to its manual in April 2020. The 2025 update now states plainly that Zhang supersedes any earlier DHS policies that suggested a defense based on lack of knowledge or legal capacity.

In short, if the record shows a false claim to U.S. citizenship for any benefit under federal or state law, inadmissibility may apply, even if the person did not fully understand what they were saying at the time.

At the same time, officers must still examine the person’s subjective intent. The updated manual describes how age, knowledge, and mental capacity factor into that question. The focus is whether the person tried to gain a purpose or benefit that the law gives only to U.S. citizens or that is tied to citizenship. USCIS notes its Policy Manual is controlling and overrides any prior guidance on this topic.

Key highlights from the policy alert include:
– USCIS provides step-by-step guidance for officers to decide if the false claim ground applies.
– Officers must assess the person’s age, knowledge, and mental capacity to address subjective intent.
– The manual explains the statutory exception for certain individuals who resided in the United States before age 16 and met other requirements.
– The update is effective immediately and applies to all requests pending or filed on or after August 20, 2025.

The legal basis for this ground of inadmissibility traces to Section 344 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Congress made clear that U.S. citizenship carries special rights and duties, and that falsely claiming this status to gain benefits has lasting immigration consequences.

Impact on Applicants and Cases

The biggest impact falls on people seeking permanent residence who may have made a citizenship claim in the past. Because the bar is usually permanent and no immigrant waiver exists in most cases, even a short statement made years ago can block a green card application today.

The updated guidance also applies to noncitizens who ask for other immigration benefits, since inadmissibility can affect many kinds of requests.

USCIS says officers will use the revised Chapter 2 to:
1. Confirm whether a false claim to citizenship was made on or after September 30, 1996.
2. Decide if the claim was made to get a purpose or benefit under the INA or any other federal or state law.
3. Evaluate evidence about the person’s subjective intent, including age, knowledge, and mental capacity at the time.
4. Check whether the statutory exception for certain long-term residents before age 16 applies.
5. Apply the permanent bar if the ground is met and no exception covers the case.

Real-life concerns often arise in routine settings. People may have told a government office or a private entity they were a U.S. citizen to speed up a process, get a license, or qualify for a benefit. Others may have done so as teenagers, under pressure, or without fully grasping the meaning of “citizen.”

The updated USCIS policy does not erase the ground of inadmissibility, but it tells officers to weigh age, knowledge, and mental capacity when they analyze the person’s intent to gain a benefit.

According to analysis by VisaVerge.com, the new guidance will likely push officers to look closely at older records where citizenship may have been claimed, even briefly. That means applicants and their lawyers should prepare for detailed questions and be ready to explain the context around any past statement tied to citizenship.

For families and employers, the update raises the stakes for early screening. If a past statement could be read as a citizenship claim, it is safer to identify it before filing. Where the narrow exception may apply, applicants should collect proof that shows they permanently lived in the United States before age 16 and meet the law’s requirements. Because there is generally no waiver, careful case planning is essential.

Practical Steps and Recommendations

Practical steps for those who think this rule could affect them:
– Review any past records where someone asked about citizenship, including old applications to government agencies.
– Be honest and consistent when describing past events. Do not guess dates or details.
– If you were a minor or had limited understanding at the time, gather records that show your age, schooling, language skills, or medical evaluations.
– If you lived in the United States before age 16, collect proof of permanent residence from that time period.
– Consider getting legal advice, especially before filing for adjustment of status or other benefits.

USCIS emphasized that its updated Policy Manual controls all agency decisions on this topic. The manual now includes a full rewrite of the chapter on determining a false claim to U.S. citizenship and a revised chapter on exemptions, exceptions, and waivers.

For the official text, see USCIS Policy Manual Volume 8, Part K on the USCIS website: https://www.uscis.gov/policy-manual/volume-8-part-k.

Important takeaway: This update signals a careful, document-based review in cases where any hint of a citizenship claim appears in the record. For many people, the consequences are lifelong. For those who fall within the narrow exception, timely evidence will matter. For everyone else, the safest path is clear: avoid any claim to U.S. citizenship unless you are, in fact, a citizen.