In a decision dated September 23, 2008, the Board of Immigration Appeals (BIA) held that, although an individual who made a false claim of citizenship may be found to lack good moral character, the language of the Immigration and Nationality Act [section 101(f)] does not automatically require this finding.
The issue in the case was whether an applicant for Cancellation of Removal was barred from establishing her good moral character because she had falsely claimed to be a U.S. Citizen on a Form I-9 (Employment Eligibility Verification) to obtain employment. The BIA found that the applicant was not precluded from showing good moral character solely because of this false claim.
For more information on this recent BIA decision, Matter of Guadarrama, please see the American Immigration Lawyers Association Web site at www.aila.com.
Information for this article was obtained from the American Immigration Lawyers Association Web site at www.aila.com.