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Power to Revoke US Citizenship Limited by Supreme Court

United States Supreme Court Building in Washington DC, USA.

In Maslenjak v. United States, the Justices of the Supreme Court unanimously rejected the contention that the government could revoke the naturalization of an individual that made a minor misstatement at their naturalization interview or their  N-400 application.

The lawyer for the government argued that something as minor as failing to disclose a traffic ticket would be adequate grounds for revoking an individual’s naturalization years after it had been granted. Not one of the Justices agreed with the lawyer’s argument. The court held that there must be a connection between an illegal act and the individual’s eligibility to become a naturalized US citizen. Further, the court ruled that the misstatement must have affected the government’s decision had the government had knowledge of the misstated information at the time of the misstatement.

In the case in front of the court, Ms. Maslenjak was admitted to the United States as a refugee after falsifying information about her husband’s service in the Bosnian Serb military. The misstatement was repeated on her N-400 application. The government moved to denaturalize her and the jury was improperly instructed by the Judge that any misrepresentation, no matter how insignificant, was adequate grounds for revoking Ms. Maslenjak’s citizenship. The Supreme Court held that the Judge erred and remanded the case to the lower courts to consider if the US government may try her using the stricter standard.

If you believe that you have a unique situation that may impair your ability to Naturalize, contact our office.  A Naturalization is not a simple process and involves more that filling the form.  We would love to assist you.

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Trump’s Travel Ban: Who is Affected?

US Supreme CourtAfter lower courts repeatedly shot down Donald Trump’s travel ban for unfairly targeting Muslims from certain countries, the Supreme Court allowed a revised version as of Monday, June 26, 2016. The decision all but allows Trump to now boast a victory. The travel ban affects travelers from six countries that are predominantly Muslim.

The Supreme Court’s decision leaves far more questions than answers regarding Trump’s travel ban. Essentially, certain foreign nationals can be banned entry into the United States if they lack a bona fide relationship with a person or an entity in the country. It does not apply to anyone, including refugees, who have existing relationships with American citizens or entities, such as if they have family in America or a relationship with an educational institution.Read More

Tags: #immigration, #immigration law, #immigration law attorney, #immigration law firm, #immigration law lawyer, #Supreme Court, #Supreme Court Holding, #Travel Ban, #Trump's Travel Ban

Our New Immigration Videos

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Buy American, Hire American: President Trumps’ Executive Order


Sweta Khandelwal, U.S. Immigration Attorney at The Law Offices of Sweta Khandelwal, speaks about President Donal Trumps’ Executive Order “Buy American, Hire American.”

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What Entrepreneurs Need to Know for Themselves & Their Employees

Access Silicon Valley
Wednesday, June 14, 2017 from 6:00 PM to 8:30 PM (PDT)
Palo Alto, CA

READ THE FULL DETAILS AND PURCHASE YOUR TICKET, HERE

This workshop is open to startup founders, startup executives, entrepreneurs, innovators, designers and developers.Read More

Tags: #entrepreneur immigrant business owners, #entrepreneur immigrants, #foreign-born entrepreneur advice, #foreign-born entrepreneurs, #immigration attorney, #immigration law, #immigration speaking engagements, #Sweta Khandelwal events, #Sweta speaking, #Sweta Speaking events, #upcoming events




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