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Under INA §212(a)(6)(C)(ii), any alien who falsely represents, or has falsely represented, himself/herself to be a citizen of the United States for any purpose or benefit under the INA or any other Federal or State law is excludable from immigration to the U.S. There is only one very narrow exception to INA §212(a)(6)(C)(ii), which was implemented by the Child Citizenship Act of 2000 ("CCA"). In the case of an alien making such a representation, if:

1. Each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization);
2. The alien permanently resided in the United States prior to attaining the age of 16; and
3. The alien reasonably believed at the time of making such representation that he or she was a citizen;

In such a case, the alien shall not be considered to be inadmissible under any provision of this subsection based on such representation.

Waivers that apply to other offenses resulting in inadmissibility do not apply under this section.

There is no other remedy unless you have a basis to reopen the original determination and challenge it based on some new evidence

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Expert:	Lawmoe
Pos. Feedback:	97.9 %
Accepts:	2213
Answered:	2/18/2007

Lawyer (JD)

Lawyer with 19 years of litigation experience in state and federal court systems.

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