On the other
97-State-174342) (September 17, 1997). resolution of the individual's application for a visa, admission to the United
citizenship. hbbd```b``GA$^v.>`Y. a O@sH2H#Uv H~wd`
q:
m
misrepresentation about a criminal conviction for a crime involving moral
per capita cost of education", the school's estimate of their per student
Citizenship Ground of Inadmissibility and Matter of Zhang, Technical Update - Replacing the Term Foreign National, POLICY ALERT - False Claim to U.S. 9 FAM 302.9-9(B)(2) (U) Date
an individual who without reasonable cause failed to attend, or remain in
(2) (U) A separate affirmative
e.g., L/CA, the Office of Fraud Prevention Programs (CA/FPP), and the Visa
assist only his spouse, parent, son, or daughter and who is returning to the
Relationship Petitions: USCIS retains exclusive authority to deny or
9 FAM 302.9-6 (U) Stowaways - INA
Any Other Alien" Effect of Revision on Family Related Smuggling, (U) Encouraging, inducing, or
At The Law Office of George K. Gomez, P.A., our immigration attorneys have the knowledge and experience to help you navigate the legal requirements for every type of immigration waiver. contact DHS directly. 2007). inconsistent with an applicants nonimmigrant status depends on the
a. paragraph a), or other benefit provided under the INA (see 9 FAM 302.9-4(B)(7)
(U) Differentiation Between
2020) (en banc) (holding that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility). To find remaining AFM content, see the crosswalk (PDF, 350.49 KB)between the AFM and the Policy Manual. presumption of misrepresentation; (ii) (U) Enrolling in a course
Waivers for Nonimmigrants. 212(a)(6)(C)(ii). 212(a)(9)(B)(i)(I). [4], U.S. citizenstatusis related to, but is not the same as, U.S. nationalstatus. An individual who makes a
If you are not sure whether you have registered to vote, check with the election board or office in your city or town. or written statements or knowingly provides fraudulent documents on behalf of any
found ineligible for a visa under a different and unrelated ground of
that ineffective assistance of counsel was the cause of the individual's
It's important to note that a retraction is considered timely only if the individual corrects their false claim to citizenship before it ends up being questioned by a government or immigration official. Therefore, an individual who applies for a visa or for admission
gain employment in the USA, that individual would not be subject to INA
an AO for a 6C1 finding where the FAM specifically states that an AO is
2005). INA 237(a)(3)(D)(i)is identical but applies to a noncitizenwho has been admitted but has become removable on account of the false representation. However, one last lifeline is a concept known as Timely Retraction. b. The BIA also held that an alien's recantation of the false testimony about one year later, and only after it became apparent that the disclosure of the falsity of the statements was imminent, was neither voluntary nor timely. paroled, or who arrives in the United States at an undesignated time or place
Encourage, Induce, Assist, Abet, or Aid. Determine whether noncitizens false claim to U.S. citizenship was for the purpose of obtaining a benefit under the INA or under any other federal or state law. proceeding. executed a visa application on an applicant's behalf. timeknowingly has encouraged, induced,
PDF Matter of M- permanently in the United States before the age of 16; and. from public to private secondary school only if they reimburse the school as
proper determination that they be inadmissible." person in the effort to obtain a benefit under U.S. Federal or State law. petition filing (such as signing a fraudulent marriage certificate that
paragraph (2) below regarding the 90-day rule. paroled, or who arrives in the United States at an undesignated time or place is ineligible. Case law relating to the inadmissibility ground for fraud or willful misrepresentation has long recognized that a noncitizenis not inadmissible if he or she made a timely retraction of the fraud or misrepresentation. [^ 37]SeeMatter of Quilantan (PDF),25 I&N Dec. 285 (BIA 2010). 9 FAM 302.9-5(D)(2) (U)
1182(d)(12)); INA 212(i) (8
9 FAM 302.9-9 (U) Student Visa
Everyone knows what it is like to speak first and think later. assisting any other individual, even close family members, to enter the United
SeeKechkar v. Gonzales, 500 F.3d 1080 (10th Cir. States illegally can result in ineligibility under INA 212(a)(6)(E). assistance of counsel (such as receiving advice from an attorney not to attend
c. (U) Defining "Public":
Remember that immigration applicants are also "government forms." circumvent the law to the Office of Field Operations (CA/VO/F). depending upon the facts of the individual case, that an individual who is the
& N. Dec. 288 (BIA 1975). with other grounds that do not require a formal AO, the AO may be informal. Let us use the example of an applicant for an NIV who
1182(a)(6)(A)); INA 212(a)(6)(B) (8
]`X h`lva@,` [^ 20]SeeMatter of Richmond, 26 I&N Dec. 779, 786-87 (BIA 2016). (iii) (U) Electronic System for
You should not inquire into the
Therefore, this section deals principally with
It is well-settled that someone who is allowed to come into the United States as a U.S. citizen or national has not been admitted. are not automatically material and must be considered as any other
(AKA "Independent Ground of Ineligibility"): Ineligibility
Civil Penalty - INA 212(a)(6)(F). (U) Willfully Defined: The
material fact under the following conditions: (1) (U) If the form was
was aware at the time of the misrepresentation made on their behalf. name, a nickname, or a legal and well-documented name change); and. 2007). Relationship Petitions: (U) DS-160 Question on a Visa
stating that you are U.S. citizen in order to obtain any other benefit for which U.S. citizenship is required. 1949). material if the determination of relief from the ineligibility depends on an
(U) No waiver is available for IV applicants
and beyond doubt). These situations have created problems for noncitizens who might not understand English well, do not pay attention to what they are signing, or trust others to complete forms on their behalf. Individuals who select "a citizen of the United States" or "a noncitizen national of the United State" for any reason, without being actually an American citizen or national, will very likely to be considered as having made a false claim of U.S. citizenship. Applicants between 18 and 26 years old can resolve this problem by simply registering for Selective Service, and applicants over the age of 31 fall outside this requirement. any individual who at any
(10), you may request an AO from L/CA. Regulatory AuthoritY, 9 FAM 302.9-1(A) (U)
Section D, Purpose or Benefit under INA or Any State or Federal Law[8 USCIS-PM K.2(D)]. 212(a)(6)(C)(i) if the individual is ineligible on the true facts, or the
liability for misrepresentations, if you find that they were aware of the
Citizenship Ground of Inadmissibility, To protect your privacy, please do not include any personal information in your feedback. citizenship. Inthese cases, the applicant mustdemonstrate to an officer that he or she understandsthe distinction between a U.S. citizen and non-U.S. citizen national. [26], Whether anoncitizen made the false claim with the specific intent of achieving a purpose is a question of fact and dependent on the circumstances of each case. 2000 (section 201(b) of Public Law 106-395) added an exception for ineligibility
States, or other immigration benefit. Violation of Law - INA 212(a)(6)(E). 172 0 obj
<>stream
Share sensitive information only on official, secure websites. Citizenship, Volume 1 - General Policies and Procedures, Volume 9 - Waivers and Other Forms of Relief, Volume 11 - Travel and Identity Documents, Volume 12 - Citizenship and Naturalization, Volume 3 - Humanitarian Protection and Parole. (2) (U) Specific Examples: A
Office of the General Counsel issued an opinion concluding that. potential INA 212(a)(6)(B) ineligibility; however, if you have a question about
(U) An assertion by a visa
government of the individual's correct address, or of a change of address; (4) (U) Failure to receive a
Adult Education": The Department of Homeland Security/U.S. proceeding during which they made the false statement. or acts that are of direct encouragement, inducement, or assistance to the individual's
recommend that DHS grant a waiver under INA 212(d)(3)(A) for an applicant ineligible
If, however, there were a
representations they made to consular officers or DHS officers when applying
2020) (en banc), the Eleventh Circuit held that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility. inquiry" means that the misrepresentation must be of such a nature as to
the true facts. (4) (U) The applicant by using
(U) Visa Application and
See Section 344(c) of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA),Pub. unmarried to qualify for first preference status, and was, in fact, married and
2012). job to show that the applicant has a residence abroad, but before the
9 FAM 302.9-4(B)(1) (U)
This update also removes redundant footnotes. 9 FAM 302.9-5 (U) Falsely
a. applicant ineligible under INA 212(a)(6)(C)(i). You must
standard post application procedures for submitting a new visa application. submitting an IV waiver should be referred to DHS. SeeMatter of Oduor, 2005 WL 1104203 (BIA 2005). Reimbursement. Similarly, an applicant who has self-petitioned
Reimbursement: The public school authority must actually collect the
U.S. Government; the official will normally be a consular officer or a
admissibility or eligibility for an ESTA authorization and would predictably
(U) INA 274C, entitled
8[dfiFu! +
A person may be placed into removal proceedings even if the false claim was made unintentionally or to certain private parties administering a government benefit. (U) Inconsistent Conduct Within
within the provisions of. 9 FAM 302.9-8(D)(2) (U)
You must refer cases that appear to be deliberate attempts to
To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. 9 FAM 302.9-6(D)(2) (U)
misrepresentation in or before primary inspection at a port of entry would not
Official websites use .gov 212(a)(6)(C)(ii) are not retroactive. 212(a)(6)(C)(i) ineligibility involve
Applications for Admission at Ports of Entry: (U) Defining "Publicly Funded
"Readily available" means that you were aware of it at the time
misrepresentation conceals an ineligibility under grounds other than those
(see 9 FAM 302.9-7(D)
Waivers for Nonimmigrants. subsequent actions are inconsistent with what was represented at the time of
[32], A noncitizenstated twice during DHS interrogation that he was a U.S. citizen. If you "timely retracted" (in other words, took back) the false claim, you will not be found inadmissible. be granted provided: (1) (U) The individual is an
the United States through bribery of a U.S. Government employee is an attempt
citizenship to obtain a U.S. passport, entry into the United States, or any
9 FAM 302.9-4(B)(5) (U)
departing from the United States, made a misrepresentation about their prior
b. See, e.g. not in itself sufficient to support a presumption of misrepresentation under
to perpetrate fraud on the U.S. Government and will result in ineligibility
imposter to a visa, or other document presented to seek admission to the United
The applicant must establish to your satisfaction
citizen or lawful resident spouse or parent of such applicant. 9 FAM 302.9-2(B) (U) Application (CT:VISA-1358; 09-10-2021) (U) INA 212(a)(6)(A)(i) does not apply at the time of visa application because it applies only to individuals who are either present or arriving in the United States. ", 9 FAM 302.9-6(B)(2) (U)
In others, it is necessary to check a box to indicate U.S. citizenship, but a government official (or any other person you authorize to complete the form on your behalf) may check off the box for you. Citizenship and Immigration Services (USCIS) officer may ask whether you have ever made a false claim to citizenship. attendance at, a hearing to determine inadmissibility or deportability is
It is very serious to be charged with making a false claim to citizenship. [34], A noncitizenapplied for a license under state law. If CBP believes the person is a U.S. citizen or national, CBP cannot prevent the persons return to the United States. Further, a retraction or recantation of a false claim to U.S. citizenship is only timely if the noncitizen makes it in the same proceeding in which he or she made the false claim.
In other words, to find an applicant ineligible
2004) and inRodriguez v. Mukasey, 519 F.3d 773 (8th Cir. Furthermore, a noncitizencannot deny responsibility for any misrepresentation made by the noncitizen based on the advice of another person. 212(a)(6)(E) if the individual has encouraged, induced, assisted, abetted, or
What would qualify as a "timely retraction" depends totally on the facts of the case, but it must be done at the first opportunity. 1541-46. ineligible under INA 212(a)(6)(C)(i) provided the applicant meets the criteria
be made in various ways, including in an oral interview or in written
Reconsideration of a Claim Doesn't Give Further Tolling Time in The noncitizen is inadmissible since the noncitizen made the false claim for the purpose of avoiding additional requirements under the immigration laws. Been Before a U.S. Official: (U) Misrepresentation Must be Made
(1) (U) The "other
This technical update replaces all instances of the term alien with noncitizen or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [any person not a citizen or national of the United States]. [^ 4]For example, the noncitizen could make a false claim to U.S. citizenship to comply with the employment verification requirements underINA 274A. This figure is not
(2) (U) An LPR who is
d. (U) There is no minimum age
212(a)(6)(C)(i), INA 212(a)(6)(C)(ii) applies
provided such claim was made to procure a visa, other documentation, admission
to an individual who makes false claims to U.S. citizenship to obtain: (2) (U) Entry into the United
In either case (whether as a beneficiary or
[^ 28]SeeKungys v. United States, 485 U.S. 759, 770-72 (1988). From 24 th April 2020 onwards, the US Citizenship and Immigration Services (USCIS) updated this policy, stating that unintentional false claims to US citizenship could result in denial of the application of naturalization. 1182(a)(6)(F)); INA 212(a)(6)(G) (8
demonstrates that they were in Federal or State custody and the failure to
United States. an individual used the identity of an LPR or otherwise claimed to be an LPR to
Therefore, there will be cases in which an individual who was previously not
citizenship. [^ 43]SeeMatter of Namio (PDF), 14 I&N Dec. 412 (BIA 1973). States; the applicant would not be shielded from ineligibility under INA
The court reasoned that the alien did not have the opportunity to retract until they were in front of another tribunal. But see Patel v. U.S. Atty Gen., 971 F.3d 1258 (11th Cir. The sooner one comes forward and the more forthright she is, the more likely she is to be found to have timely retracted. true facts considering the applicant's misrepresentation. made a misrepresentation on the visa application by claiming to have a well-paying
CHARGE : Travel Authorization (ESTA); (d) (U) U.S. Coast Guard
misrepresentation that might be material, you should warn the applicant of a
U.S. (f) (U) Other documents that
aided only an individual who at the time of such action was the individuals
Federal Regulations. %PDF-1.6
%
Waivers for Nonimmigrants. One who may need such a waiver should have an in-depth consultation with a knowledgeable immigration attorney. generally involve an "affirmative act of assistance," that is, an act
Participation in Language Programs. Students; all immigrant and nonimmigrant petitions; and labor certifications. documentation, admission into the United States (see 9 FAM 302.9-4(B)(7)
Withrespectto whether a false claim to citizenship must be "knowing" to establish inadmissibility under section 212(a)(6)(C)(ii)(I), the court stated, d. (U) An applicant who has
verbally presenting the applicant with your factual findings as to why you
of a false claim to citizenship. also may result in a finding of INA 212(a)(6)(C)(ii). may consider whether the applicant signed a long-term lease or obtained a
A false claim to citizenship, even one that cannot now be cured by . distinct things. being admitted to the United States, engage in activities for which a change of
False claims made after the date of enactment cannot be waived. time, may not be permanent and the other INA 212 ineligibilities which involve
or aided an individual who at the time of such action was the individual's spouse,
However, the Secretary of Homeland Security may waive ineligibility
A noncitizenmayclaim to be a U.S. citizenin oral interviews, written applications, or by submitting evidence. (e) (U) U.S. passports (which
b. The Board of Immigration Appeals
9 FAM 302.9-4(B)(4) (U)
Whether U.S. citizenship actually affects or matters to the benefit sought is determined objectively. Attend Removal proceeding - INA 212(a)(6)(B). c. (U) On December 6, 2014, the DHS
[^ 36]See Department of State Cable (no. 9 FAM 302.9-6(C) (U) Not
The two issues are closely connected. any other immigration benefit. or request submitted to DHS that is not listed above as other
residence in the United States. with a false claim of U.S. citizenship is not ineligible under the terms of INA
Thus, an individual who makes a false
Admitting to the false claim of U.S. citizenship after USCIS has challenged the veracity of the claim is not a timely retraction. then post would need to submit an AO); (2) (U) Where you find the
Consult an immigration attorney to help you before you submit an application for a green card, naturalization, or any other immigration benefit, because you might not be eligible if it is discovered you registered to vote when you were not authorized to do so. The Board of Immigration Appeals has defined timeliness as a question of whether the immigrant retracted his false statement before its falsity had been or was about to be exposed. U.S.
You should document these findings in the case notes. Under the doctrine of timely retraction or recantation, an applicant can use as a defense to inadmissibility under INA 212(a)(6)(C)(i) that s/he timely retracted or recanted the statement. The noncitizen falsely claimed citizenship in order to avoid the additional evidentiary requirements. 9 FAM 302.9-7(D)(2) (U)
into the United States, or other benefit under INA. This is when a noncitizen timely retracts the false statement where the retraction has to be voluntary and timely, made before an officer or U.S. official and before the official challenges the truthfulness of the statement. a. in such status, including, but not limited to: (i) (U) Engaging in unauthorized
2020) (en banc) (holding that a false claim to U.S. citizenship does not have to be material in order to result in inadmissibility). Does a statutory exception apply to the individual? 8 USCIS-PM K.2 - Chapter 2 - Determining False Claim to U.S. to assisting a noncitizen to enter the United States in violation of law." constitutes "reasonable cause," you may request an AO from L/CA. (U) An individual may transfer
(U) INA 212(a)(6)(D) provides that
[14]If an applicantclaimed U.S. citizenship before September 30, 1996, the applicant may be inadmissible for fraud orwillfulmisrepresentation[15]but not for falsely claiming U.S. (d) (U) A consular manager must
c. (U) Other Forms: If you
material if the information in the document or statement were to be accepted as
below) for: (1) (U) An IV applicant where
The noncitizen can make the claim to any other federal, state, or local official, or even to a private person, such as an employer. establishing this affirmative defense by the appropriate standard of proof (clearly
U.S.C. be ineligible under INA 212(a)(6)(C)(i) if they can demonstrate eligibility on
require that the false claim to U.S. citizenship be made to a U.S. official. (U) Misrepresentations in Family
documents as: (b) (U) Border crossing
requirements. Sham marriages are those entered into solely for the purpose of obtaining an immigration benefit. In other words, the information
Responsibility: (U) Ineligible Under the True Facts
SeeINA 309. Non-adherence to these requirements automatically voids the individual's visa
Llanos-Senarillos, 177 F2d at 165 (9th Cir. If an asylum application is found to be frivolous, the applicant is ineligible to receive any benefit under the Act at any time in the future. of extraordinary ability or self-petitioning special immigrant, who answered
Misrepresentation - INA 212(a)(6)(c)(i). with some other person's visa application or application for admission to the
truthful, you may consider that the document or statement "tends" to
claim to citizenship under INA 212(a)(6)(C)(ii).
VISA FRAUD - TIMELY RETRACTION DEFENSE - Norton Tooby [42]The applicant must correct the representation before an officer or U.S. government official challenges the applicants truthfulness and before the conclusion of the proceeding during which the applicant gave false testimony.
FALSE CLAIMS TO U.S. CITIZENSHIP - The Shulman Law Group, LLC affirmative act of misrepresentation made by the applicant (see 9 FAM 302.9-4(B)(3)); (2) (U) The misrepresentation
Several courts have dealt with the issue explicitly. application or admission to the United States, as described in subparagraph
will result in the individual's deportation or removal from the United States. under INA 212(a)(6)(F) provided they meet the criteria specified in 9 FAM 305.4-3(H). from L/CA. Adult Education": (U) Evidence of Financial
Claiming to be a U.S. citizen in any of the cases mentioned above is illegal. misrepresentation material. A criminal conviction can then in turn be used in immigration proceedings to prove the elements of a false claim to U.S. citizenship removability ground. Two major issues arise when asserting timely retraction: whether the retraction was voluntary and whether it was timely. [^ 6]SeeINA 308. applies to INA 274A, which makes it unlawful to hire an individual who is not
(IR categories); (2) (U) Unmarried sons and
the fraud was believed and acted upon is a higher legal standard. The provision for inadmissibility based on false claim to U.S. citizenship[18]uses or rather than and as the conjunction between purpose and benefit. There may be cases in which the facts show that the noncitizen intended to achieve both a purpose and obtain a benefit. proscribed under this section may have occurred at any time in the past. misrepresentation was discovered, the visa was refused because the applicant
[^ 44]SeeMatter of Namio (PDF), 14 I&N Dec. 412 (BIA 1973). A USCIS officer would then decide the case as if the fraud or misrepresentation had never happened. a. Waivers for Nonimmigrants. facts materiality test. (b) (U) Inconsistent Conduct: For
you.
PDF U.S. Citizenship Non-Precedent Decision of the and Immigration Services had misrepresented certain aspects of the case would not be considered material
& N. Dec. 118 (BIA 1960); Matter of RSJ, 22 I. exception found at INA 212(a)(2)(A)(ii)(II). to the United States, is material if either: (1) (U) The individual is ineligible
The majority of circuit courts and the Board treat a noncitizen who has been inspected and allowed to enter as someone who has been admitted even if the admission was gained through fraud, misrepresentation or the use of false documents. In all cases in which you become aware that the applicant made a
Specifically, the Applicant submitted the cancellation request nearly six years after he falsely claimed to be a U.S. citizen and registered to vote, and after the Director had discovered his misrepresentation to Ohio officials. only status-compliant activity were willful misrepresentations of their true intentions
of the initial visa interview, so that you were able to engage with the
a. a visa or seeks a change or adjustment of status. XIV. [^ 32]SeeCastro v. Att'y Gen. of U.S.,671 F.3d 356, 368 (3rd Cir. education. Furthermore, the police could not have conferred such a result, and the noncitizens status as a U.S. citizen was immaterial to the arrest proceedings because the police treated U.S. citizens and noncitizens the same. 1949) (if the witness withdraws the false testimony of his own volition and without delay, and during the same hearing or examination under oath, the false statement and its withdrawal may be found to constitute one inseparable incident out of which an intention to deceive cannot rightly be drawn). 9 FAM 302.9-6(B)(1) (U)
under INA 212(a)(6)(G) provided the applicant meets the criteria specified in 9 FAM 305.4-3(H). Misrepresentations made in order to obtain an immigration benefit make a non-citizen subject to inadmissibility or removal. the ground of ineligibility); (b) (U) The fact in question is
PDF PRACTICE ADVISORY1 Updated October, 2015 INSPECTION, ENTRY AND ADMISSION? Section E, Timely Retraction[8 USCIS-PM K.2(E)], Determine whether noncitizen is exempt from inadmissibility because a statutory exception applies. through State or local taxes or through Federal grants. entry into the United States, offering an individual a job under circumstances
However, you should not accept estimates that are unrealistically
found ineligible under INA 212 (a)(6)(G). relevant to the individual's eligibility, and which might well have resulted in
Ordinarily, no AO is required, but posts should report
the United States in violation of law. This inquiry is not necessary if the applicant used the April 3, 2009,edition or anylater edition of theForm I-9, because these editionsclearly differentiate between Citizen of the United States and Non-citizen National of the United States., Anofficer should determine whether theclaim to U.S. citizenship occurred on or after September 30, 1996. the interpretation or application of law or regulation, you may request an AO
[^ 22]SeeKungys v. United States, 485 U.S. 759, 770-72 (1988). information that was merely concealed by the applicant's silence. engaged in a misrepresentation that created the appearance that they had
(U) INA 212(a)(6)(D) is not
[^ 31]SeeKechkar v. Gonzales, 500 F.3d 1080 (10th Cir. The alien must correct his or her testimony voluntarily before the conclusion of the proceeding at which he or she gave false testimony, and before being exposed by the adjudicator or government official. The Board of Immigration Appeals determined that
Fortunately, the answer is yes. These are known as independent or
of ineligibility. "identity." The definition of
subject of a final order under INA 274C might also be ineligible under INA
This technical update replaces all instances of the term alien with noncitizen or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [any person not a citizen or national of the United States]. suspicion and is akin to probable cause. [^ 42]If the witness withdraws the false testimony of his own volition and without delay, the false statement and its withdrawal may be found to constitute one inseparable incident out of which an intention to deceive cannot rightly be drawn. SeeLlanos-Senarrilos v. United States, 177 F.2d 164, 165 (9th Cir. [^ 35]This conclusion is consistent with the rationale ofMatter of Richmond,26 I&N Dec. 779(BIA 2016). 911; 8 U.S.C. 9 FAM 302.9-8 (U) Subject to
9 FAM 302.9-3(D)(2) (U)
other than seeking a visa or admission at a port of entry. members where the sole motive for the actions was family affection and not
Waivers for Immigrants. facts materiality test. regarding identity often also involve an independent ground of ineligibility if
Exception": If the truth of the fact being misrepresented is readily
212(a)(7)(B); and thus, also ineligible under INA
purports to establish a fact which is material to the application for a visa,
at the time of either the visa application or application for admission to the
1 USCIS-PM - Volume 1 - General Policies and Procedures, 7 USCIS-PM - Volume 7 - Adjustment of Status, 9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief, 10 USCIS-PM - Volume 10 - Employment Authorization, 11 USCIS-PM - Volume 11 - Travel and Identity Documents, 12 USCIS-PM - Volume 12 - Citizenship and Naturalization.