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Power to Revoke US Citizenship Limited by Supreme Court

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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Obama Administration Encourages Lawful Permanent Residents to Become Citizens

Lately there has been a push by the Obama administration and the USCIS to encourage and celebrate US citizenship. The USCIS launched a citizenship campaign to raise awareness about citizenship and education about the naturalization process. President Obama also utilized Citizenship Day, which occurred in September, to encourage legal permanent residents and those eligible for citizenship to start the naturalization process. The USCIS has also taken steps to ease the naturalization application process, which may help to speed the process for those seeking US citizenship. These pushes may be in an effort to increase the number of US citizens in time for the next presidential election.

us-flag-in-boston-1443856USCIS Launches Citizenship Public Education and Awareness Campaign

Part of Obama’s executive action for immigration reform established last November is to increase awareness and promote easy access to naturalization. To help meet these goal the USCIS has taken steps to promote citizenship. In July the USCIS launched a campaign to increase education and raise awareness about the importance of naturalization.

Also to make sure potential applicants are aware of their eligibility, the USCIS will begin electronically notifying lawful permanent residents who may be eligible to begin naturalization. A message will pop-up on the USICS website when the lawful permanent resident replaces or renews a green card which will notify the applicant that it may be time to apply for citizenship.

Obama Urges Lawful Permanent to Seek Naturalization

Only U.S. citizens will be allowed to elect the next US President. With the 2016 Presidential Election just around the corner, Obama has encouraged those eligible to become a citizen to begin the naturalization process. On September 17th, Citizenship Day, Obama released a video encouraging legal permanent resident to take the final step in the immigration process and become a US citizen.

The USCIS has made the naturalization process easier by allowing credit card payments for the naturalization fee. The USCIS will also expand mobile services to rural communities to boost access to its resources. This may ease the immigration process and increase the number of US citizens before the 2016 election.

According to the Department of Homeland Security over 700,000 persons were naturalized in 2013. With Obama’s urging to legal permanent residents to apply for citizenship and the steps taken by the USCIS to ease the naturalization process, it’s possible even more legal permanent residence will become citizens this year in time for the 2016 presidential election.

Naturalization Process

Naturalization is the process by which a person become a US citizen. A person can become a citizen at birth, derive citizenship through one’s parents or apply for naturalization. Generally those who apply for naturalization are required to take an English test and a test on US history and government. Once the naturalization process is complete the applicant is required to turn in the legal permanent resident card, if applicable. The new US citizen can then register to vote.

Contact

To discuss how to gain lawful permanent residence or how to apply for naturalization contact the Law Office of Sweta Khandelwal. Attorney Khandewal has over 10 years experience with immigration law and is conveniently located in the Silicon Valley.

Tags: #Department of Homeland Security, #naturalization, #Obama, #USCIS




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