If you’re thinking about visiting, working, or moving to the United States, pay attention to a recent change from the U.S. Citizenship and Immigration Services (USCIS). On August 20, 2025, USCIS introduced a significant update to its rules regarding false claims of U.S. citizenship during immigration processes.
This is not a minor adjustment; it represents a serious effort to combat fraud and could result in lifelong bans for those caught lying. In this article, we’ll explain the changes, the reasons behind them, and provide expert tips to help you comply with the law.
What’s the Big Change All About?
USCIS has revised parts of its policy manual to be stricter on false claims of U.S. citizenship. This key shift comes from a 2019 court ruling known as Matter of Zhang, made by the Board of Immigration Appeals (BIA). This ruling states that you don’t have to knowingly or intentionally lie about being a U.S. citizen for it to count against you.
Previously, some guidelines allowed for some flexibility if individuals claimed they didn’t understand what they were doing due to their age, mental state, or lack of knowledge. Now, those defenses are no longer valid. Matter of Zhang overrides the earlier advice from the Department of Homeland Security (DHS).
This update took effect immediately on August 20, 2025, and it impacts all ongoing visa or green card applications, as well as new ones. USCIS aims to maintain a fair and trustworthy immigration system by targeting those who attempt to take advantage of it for benefits like easier entry, jobs, or legal status.
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Breaking Down Matter of Zhang: The Ruling That Changed Everything
To better understand this, let’s delve into the meaning of Matter of Zhang. In June 2019, the BIA reviewed a case in which someone falsely claimed to be a U.S. citizen.
The board ruled that the law (specifically section 212(a)(6)(C)(ii) of the Immigration and Nationality Act) does not require proof that the person intended to lie or knew it was wrong. As long as the false claim was made to gain an advantage under U.S. immigration or other laws, it can result in being deemed “inadmissible,” meaning you cannot enter or stay in the U.S.
Experts in immigration law highlight that this ruling changed how USCIS handles such cases. Previously, officers may have debated whether a person was aware of their lie. Now, the emphasis is on whether the claim was false and if it was made to obtain a benefit requiring citizenship, such as applying for a passport, voting, or getting a job that requires citizenship verification.
USCIS updated its manual in 2020 to start applying this ruling, but the changes in 2025 further clarify and streamline the guidelines for officers to follow.
What Counts as a False Claim? Real-Life Examples
A false claim isn’t just saying, “I’m a U.S. citizen.” It can involve anything from checking the wrong box on a form to submitting fake documents. Here’s what USCIS looks for:
- The claim itself: It must be a clear statement or action indicating you’re a U.S. citizen when you’re not. This could be verbal (like in an interview), written (on forms such as the I-9 for employment), or through evidence like a forged birth certificate.
- It must be false: This is straightforward—if it’s not true, it counts.
- For a purpose or benefit: The lie has to be to gain something under federal, state, or local laws. Examples include obtaining a U.S. passport (which only citizens can have), avoiding deportation, securing a loan that favors citizens, or getting a job available only to Americans. Importantly, just claiming to be a U.S. national (like being from American Samoa) doesn’t trigger this unless it’s a complete citizenship lie.
One common pitfall is the I-9 employment form. For older versions (before April 2009), checking “citizen or national” might not count as a false claim if you can prove you meant “national.” However, it’s riskier with newer forms. Additionally, claims made before September 30, 1996, do not fall under this specific rule—they may be treated as general fraud instead.
Immigration experts warn that even small mistakes can lead to big problems. For example, if a parent completes a form for their child and falsely claims citizenship to speed things up, both could face issues. Moreover, lying to a private employer or bank still qualifies if it’s for an immigration-related benefit.
The Harsh Consequences: Permanent Bans and More
If USCIS finds you made a false claim, you will likely be deemed inadmissible. This means:
- Your visa or green card application will be denied.
- You could be permanently barred from entering the U.S.
- There are limited ways to escape this situation—only specific groups, like certain immigrants adjusting their status, may qualify for a waiver.
However, there is a silver lining: If you catch your mistake early and retract it voluntarily before being questioned by an official or before the process ends, it might not count against you. Admitting it only after being caught will not help.
From an expert perspective, this grounds for inadmissibility is among the toughest in U.S. immigration law. It aims to protect national security and economic opportunities for genuine citizens. In recent years, USCIS has increased fraud detection through improved technology, such as data cross-checks and AI screening, leading to more denials. While exact statistics remain undisclosed, immigration attorneys have reported a rise in cases since the 2020 updates, particularly among students and workers on temporary visas who make mistakes on forms.
Are There Any Exceptions?
Yes, but they are limited:
- Reasonable belief: If you genuinely thought you were a U.S. citizen (for example, if your parents said so and it seemed true), you might get a break. This applies even to older claims.
- Special groups: Individuals applying as special immigrant juveniles or for registry (long-term residents) are exempt.
- No exceptions for kids or those with mental issues: Unlike before, age or capacity doesn’t automatically excuse you under Matter of Zhang.
Expert Advice: How to Protect Yourself
As someone knowledgeable about immigration policy, I can say that honesty is your best protection. Review every form carefully, and if you’re unsure, consult a licensed immigration lawyer early. USCIS is promoting education on this issue to prevent accidental fraud—check their website for free resources. The goal isn’t to intimidate genuine applicants but to weed out those who abuse the system, costing it billions in resources.
This 2025 update is part of a larger trend: The U.S. is tightening borders amid rising migration. Similar rules are in place for cases like passport fraud, where thousands are denied each year. If you plan to apply soon, gather legitimate documents, be open in interviews, and avoid shortcuts. Your American dream is worth pursuing the right way.
