Grounds for Revocation of Naturalization - In general, a person is subject to
revocation of naturalization on the following grounds:
A. Person Procures Naturalization Illegally - A person is subject to revocation of naturalization if he or she procured naturalization illegally. Procuring naturalization illegally simply means that the person was not eligible for naturalization in the first place. Accordingly, any eligibility requirement for naturalization that was not met can form the basis for an action to revoke the naturalization of a person. This includes the requirements of residence, physical presence, lawful admission for permanent residence, good moral character, and attachment to the U.S. Constitution.
B. Concealment of Material Fact or Willful Misrepresentation - Discovery that a person failed to comply with any of the requirements for naturalization at the time the person became a U.S. citizen renders his or her naturalization illegally procured. This applies even if the person is innocent of any willful deception or misrepresentation.
A person is subject to revocation of
naturalization if there is deliberate deceit on the part of the person in
misrepresenting or failing to disclose a material fact or facts on his or her
naturalization application and subsequent examination.
In general, a person is subject to
revocation of naturalization on this basis if: The naturalized U.S. citizen
misrepresented or concealed some fact; The misrepresentation or concealment was
willful; The misrepresented or concealed fact or facts were material; and The
naturalized U.S. citizen procured citizenship as a result of the
misrepresentation or concealment.
This ground of revocation includes
omissions as well as affirmative misrepresentations. The misrepresentations can
be oral testimony provided during the naturalization interview or can include
information contained on the application submitted by the applicant. The courts
determine whether the misrepresented or concealed fact or facts were material.
The test for materiality is whether the misrepresentations or concealment had a
tendency to affect the decision. It is not necessary that the information, if
disclosed, would have precluded naturalization.
A person is subject to revocation of
naturalization if the person becomes a member of, or affiliated with, the
Communist party, other totalitarian party, or terrorist organization within
five years of his or her naturalization. In general, a person who is involved
with such organizations cannot establish the naturalization requirements of
having an attachment to the Constitution and of being well-disposed to the good
order and happiness of the United States.
The fact that a person becomes involved
with such an organization within five years after the date of naturalization is
prima facie evidence that he or she concealed or willfully misrepresented
material evidence that would have prevented the person’s naturalization.
Norb Leahy, Dunwoody
GA Tea Party Leader
No comments:
Post a Comment