Denaturalized for failing to mention criminal activity he hadn't been charged with?

Denaturalized for failing to mention criminal activity he hadn't been charged with?

sara_a178@writeme.com	7/14/2005 5:31:33 PM
Hi, Can someone be administratively denaturalized (or by court order) for failing to mention criminal activity in the applications for residency and citizenship and in the citizenship interview and test? (They are asked about crimes they were never charged with.) If so, is there a time limit for the denaturalization to be commenced? Say the person was involved in assisting people in illigally immigrating to the US, and in helping them obtain SS#'s (other peoples - and making copies of thos other people's driver's licenses with the illigal immigrants picture on it) so they can find work. Say in one case there is very strong evidence that the person did this, and these acts were committed only a few months before his citizenship interview. I read the relevant statute: ----------- Immigration and Nationality Act ("INA") 340(a), 8 U.S.C. 1451(a) (1994), reads in relevant part as follows: It shall be the duty of the United States attorneys for the respective districts, upon affidavit showing good cause therefor, to institute proceedings in any district court of the United States in the judicial district in which the naturalized citizen may reside at the time of bringing suit, for the purpose of revoking and setting aside the order admitting such person to citizenship and canceling the certificate of naturalization on the ground that such order and certificate of naturalization were illegally procured or were procured by concealment of a material fact or by willful misrepresentation . . ------------- and I read the DOJs position on denaturalization at http://www.usdoj.gov/olc/ina340.htm I'm not clear on uncharged crimes, as the above only discusses convictions. If the person was convicted now, could he be denaturalized for the past crime? Is a conviction even necessary if there is sufficient evidence of both the criminal activity and the applicants omission of that fact? Thanks



Stan Brown	7/16/2005 5:33:32 PM
On Thu, 14 Jul 2005 17:31:33 -0400, sara_a178@writeme.com wrote: Can someone be administratively denaturalized (or by court order) for failing to mention criminal activity in the applications for residency and citizenship and in the citizenship interview and test? (They are asked about crimes they were never charged with.) I believe you can be denaturalized for lying to officials or on forms during the process. One might argue that the INS has no right to ask a "fishing" question like "What crimes have you committed but not been charged with?", and therefore the applicant is under no obligation to answer truthfully or at all. But that's an awfully chancy thing -- especially in today's climate of anti-immigrant hysteria such an argument is unlikely to prevail. If this is not a purely theoretical question, and if you want to stay in the US, get yourself a very good immigration lawyer right away. -- If you e-mail me from a fake address, your fingers will drop off. I am not a lawyer; this is not legal advice. When you read anything legal on the net, always verify it on your own, in light of your particular circumstances. You may also need to consult a lawyer. Stan Brown, Oak Road Systems, Tompkins County, New York, USA http://OakRoadSystems.com

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