On August 20, 2025, U.S. Citizenship and Immigration Services (USCIS) announced a major policy update focused on strengthening immigration integrity. The agency is restoring more rigorous screening and vetting procedures to detect and deter individuals who make false claims to U.S. citizenship or otherwise attempt to defraud the immigration system. Coupled with efforts to raise public awareness, this update serves as a clear warning: use of false information or deceptive practices for immigration benefits will carry serious consequences.
What’s New: Volume 8, Part K, Chapter 2 Update
USCIS revised its Policy Manual Volume 8, Part K, Chapter 2 to clarify how the Board of Immigration Appeals’ decision in Matter of Zhang, 27 I&N Dec. 569 (BIA 2019) applies to the false claim to U.S. citizenship ground of inadmissibility. The guidance takes effect immediately and applies to all requests pending or filed on or after the publication date.
The clarified guidance explicitly:
- Supersedes prior DHS policy: The decision in Matter of Zhang fully replaces earlier DHS (Department of Homeland Security) guidance that allowed defenses to the false claim ground based on considerations like an applicant’s knowledge or legal capacity.
- Explains how adjudicators evaluate key factors: USCIS now provides clear direction on how to assess an individual’s age, knowledge, and mental capacity when determining whether they had the subjective intent to secure a benefit under the Immigration and Nationality Act (INA) or other federal/state law.
This guidance is controlling and overrides any prior conflicting guidance on false claims to U.S. citizenship inadmissibility.
Background: Why Matter of Zhang Matters
In Matter of Zhang (2019), the BIA (Board of Immigration Appeals) clarified that intent is not required in order to render an individual inadmissible for a false claim to U.S. citizenship under INA 212(a)(6)(C)(ii). Simply making the false representation, regardless of awareness or knowing deception, could trigger grounds of inadmissibility. USCIS began incorporating that ruling into Volume 8 in 2020 .
Key Implications
- No more intent-based defenses: Arguments based on an applicant’s lack of knowledge, innocence, confusion, or misunderstanding regarding U.S. citizenship distinctions will no longer be accepted as defenses under this policy. Matter of Zhang applies universally.
- Broader application: The updated policy now instructs officers to consider age, cognitive conditions, and understanding when determining the applicant’s subjective intent, but not to excuse a false claim entirely.
- Immediate and retroactive effect: Any cases pending or filed on or after August 20, 2025 must follow this new guidance, even if the application was submitted before the update.
Example Scenarios in Practice
| Scenario | Likely Outcome Under New Policy |
|---|---|
| A minor or individual with limited English marks “citizen” due to misunderstanding. | Still inadmissible, lack of subjective intent doesn’t excuse false claims. Age and mental capacity may be considered but do not prevent inadmissibility. |
| Someone who falsely claims citizenship on an I-9 form without realizing. | Admissibility barred. Under Matter of Zhang, intent is unnecessary to trigger the bar. |
| A person believed they were a non-citizen U.S. national but misrepresented themselves as a citizen. | Officers will assess understanding, but such misrepresentation still triggers inadmissibility if for any purpose under INA (Immigration and Nationality Act) or other law. |
Final Thoughts
This USCIS update underscores a hard line, no tolerance for false claims to citizenship, regardless of intent. The integration of Matter of Zhang into the Policy Manual empowers USCIS to enforce inadmissibility more strictly. It’s critical to accurately represent your status. Even genuine mistakes can lead to inadmissibility if they involve claims of U.S. citizenship. If you’re unsure how to respond to questions about citizenship, consult a licensed immigration attorney for tailored guidance. Clear communication, careful form completion, and early legal consultation are more important than ever.
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Citations
- USCIS to Enforce Consequences for Aliens Who Falsify Information,
- Volume 8, Part K, Chapter 2 – False Claim to U.S. Citizenship,
- Matter of Zhang, 27 I&N Dec. 569 (BIA 2019),
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