INA §212(a)(6)(C)(ii)
A CBP allegation that a traveler falsely claimed U.S. citizenship can create one of the most serious consequences arising from a border inspection. The immediate task is to determine exactly what CBP says was represented, how the encounter was documented, the date and purpose of the alleged claim, and whether INA §212(a)(6)(C)(ii) actually applies.
Scope of this page: This page focuses on false-claim allegations made or recorded during a CBP border inspection and what should be reviewed after the encounter. For the broader substantive requirements of INA §212(a)(6)(C)(ii), exceptions and immigration consequences, see the false-claim-to-U.S.-citizenship guide on INA212.com.
INA §212(a)(6)(C)(ii)(I) generally makes inadmissible a person who falsely represents or has falsely represented himself or herself to be a citizen of the United States for a purpose or benefit under the INA or another federal or state law.
A false claim made to obtain admission at a U.S. port of entry can therefore create this ground.
A false claim to U.S. citizenship is not simply another §212(a)(6)(C)(i) case. The elements and immigrant-waiver consequences are different.
A false representation of lawful permanent residence, possession of a work permit or another immigration status is not by itself a false claim to U.S. citizenship. Other false statements may still raise §212(a)(6)(C)(i).
The exact question, answer, document and context therefore matter.
The representation must be tied to a purpose or benefit under the INA or another federal or state law. Examples can include obtaining admission, employment or another legal benefit for which citizenship is relevant.
A disputed case should identify the precise benefit allegedly sought rather than assume that every inaccurate reference to citizenship satisfies the statute.
Section 212(a)(6)(C)(ii) does not use the same “willfully misrepresenting a material fact” language found in §212(a)(6)(C)(i). Current USCIS guidance treats the false-citizenship provision as a distinct ground.
INA §212(a)(6)(C)(ii)(II) contains a narrow exception when each parent is or was a U.S. citizen, the person permanently resided in the United States before age 16, and the person reasonably believed at the time of the representation that he or she was a U.S. citizen.
All elements must be satisfied.
The specific false-citizenship ground applies to qualifying claims made on or after September 30, 1996. Earlier conduct is analyzed under the law that applied at the time, including the ordinary fraud or misrepresentation framework where appropriate.
There is generally no ordinary immigrant waiver comparable to INA §212(i) for a post-1996 false claim covered by §212(a)(6)(C)(ii). Qualifying nonimmigrant applicants may separately seek discretionary relief under INA §212(d)(3).
No. Section 212(a)(6)(C)(ii) specifically concerns a false claim to U.S. citizenship.
Section 212(i) is the ordinary immigrant waiver for qualifying §212(a)(6)(C)(i) inadmissibility, not for §212(a)(6)(C)(ii).
Potentially. INA §212(d)(3) can provide discretionary nonimmigrant waiver authority in qualifying cases.
These government materials provide the principal statutory and agency framework discussed on this page.
The wording, context, date and legal purpose of the alleged representation can determine whether INA §212(a)(6)(C)(ii) actually applies.