Children under 15 Too Young to Commit Fraud | CLINIC

Children under 15 Too Young to Commit Fraud

The DOS has amended the Foreign Affairs Manual to clarify that children under the age of 15 cannot act “willfully” and therefore cannot be found inadmissible for committing fraud or misrepresentation pursuant to INA § 212(a)(6)(C)(i). 9 FAM 40.63 N5.3 Minors. For aliens between the ages of 15 to 16, the consular officer will need to determine if the child was acting at the direction of an adult or whether the child was acting on their own. Aliens aged 17 and over are presumed to act willfully unless they can establish a lack of knowledge or capacity. It is not clear whether the agency will apply the same standard when assessing alleged false claims of citizenship. In those cases, the DOS has previously stated that the child must have the legal and mental capacity to be found inadmissible under that ground.

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