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#3
08-16-2007, 12:59 PM
Senior Member
From Texas
Joined in May 2007
603 posts
free2be
Technically, I do believe you are correct. I looked up the text of the Dream Act, and it indeed does not mention Paragraph (6)(C) of Scetion 212(a) that deals with falsely claiming citizenship. I looked up the Immigration & Nationality Act also, and I think they may not have included it because so many of us I know did not realize we were illegal, or at least the ramification of being illegal, until we were nearing the end of high school, so if we had prior claimed to be citizens, some truly might have thought they were, and that is a weak basis of the only exception to Paragraoh (6)(C) of the ING(below). That, or they just plumb forgot, or they knowingly left it out. Either way, that should not encourage anyone to take that as free license to falsely claim citizenship etc etc just based on this thread

"Under the new INA §212(a)(6)(C)(ii), any alien who falsely represents, or has falsely represented, himself or 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. [This provision is applicable to representations made on or after September 30, 1996.] The immigrant waiver described above does not apply to this ground.

There is only one 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:

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);

The alien permanently resided in the United States prior to attaining the age of 16; and

The alien reasonably believed at the time of making such representation that he or she was a citizen;

the alien shall not be considered to be inadmissible under any provision of this subsection based on such representation. "
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