USCIS Update: Consequences for False Information in Immigration Applications

On August 20, 2025, U.S. Citizenship and Immigration Services (USCIS) announced updated guidance reinforcing strict consequences for individuals who falsify information in immigration applications or make false claims to U.S. citizenship.

According to USCIS, these measures are part of restoring robust screening and vetting to prevent fraud and abuse of the immigration system. Applicants who provide false or misleading information in order to gain immigration benefits risk serious penalties, including a finding of inadmissibility under immigration law.

The update clarifies the application of the Matter of Zhang, 27 I&N Dec. 569 (BIA 2019) decision.

🔎 What is Matter of Zhang?

In this case, the Board of Immigration Appeals (BIA) determined that a false claim to U.S. citizenship under INA 212(a)(6)(C)(ii) does not require proof that the individual knew about the law or fully understood the legal consequences of their statement. Instead, the focus is on whether the person intended to falsely claim citizenship in order to receive an immigration benefit or another benefit under federal or state law.

This ruling eliminated certain defenses that applicants previously relied on, such as claiming lack of legal knowledge or misunderstanding. The new USCIS guidance confirms that Matter of Zhang controls moving forward, superseding earlier DHS policies that allowed broader defenses against this ground of inadmissibility.

The updated guidance also emphasizes that officers must still take into account:
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• Age of the applicant (for example, if a minor makes a false claim)
• Knowledge and intent (whether the applicant understood they were making a false claim)
• Mental capacity (whether the applicant had the ability to form intent)

This policy is effective immediately and applies to all requests pending or filed on or after August 20, 2025.

✅ Key Takeaway: USCIS is making clear that there is zero tolerance for immigration fraud. A false claim to U.S. citizenship, even if misunderstood, is one of the most serious violations in immigration law and can permanently block eligibility for immigration benefits.

How to Protect Yourself

With stricter screening and limited defenses available, it is critical to be careful when preparing immigration applications:

• ✅ Be truthful: Never provide false information on forms, applications, or during interviews.
• ✅ Do not guess: If you are unsure how to answer a question, seek guidance instead of risking an incorrect response.
• ✅ Review everything before signing: You are responsible for every answer on your application, even if someone else helped you complete it.
• ✅ Work with a qualified professional: An immigration attorney can help ensure your application is complete, accurate, and does not create unnecessary risks.
  
  
  
  ​If you have questions about your visa status or if you are an employer exploring immigration options, we are here to help.  At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate complex legal landscapes.
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  The information provided in this blog is intended for general informational purposes only and should not be construed as legal advice.  To schedule a Consultation to discuss your legal immigration options, please email us at [email protected].