Answering "Yes" to the question, "Were you born in the U.S.?" is not the equivalent of making a false claim to United States citizenship. This is a defense to a criminal charge of making a false claim to U.S. citizenship. 8 U.S.C. 911. A person could be born in the United States and subsequently renounce citizenship or be expatriated. A child of a diplomat can be born in the United States, yet not be a citizen of the United States. Thanks to Barbara Hines for this information. It is also possible to argue that an intent to avoid a detriment under the Immigration and Nationality Act is not the same as an intention to obtain a benefit under the Act. Thanks to Lynn Marcus for this point.