Recent Citizenship Revocation case

HudsonValley said:
Do I understand it right, he was stipped of the citizenship because of a mailbox?
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No, he pleaded guilty to intending to commit mail fraud, which is a federal crime in itself. Part of that crime was obtaining a mailbox under another name. The fact that he pleaded guilty to a crime, but lied about it on the N-400 form, is what led to his denaturalization.

(I'm not a lawyer, just my interpretation of the slides)
 
mnprtltt said:
Did he end up winning the appeal?
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No, he lost the appeal in the U.S. 5th circuit court of appeals - that is exactly what the link in the intial post in this thread by BigJoe5 shows.
(In theory he still could try appealing to the U.S. Supreme Court, but the likelihood of the Supreme Court even agreeing to hear the case is basically zero, since the underlying facts are pretty clear).
 
In summary: the guy was arrested between his interview and oath, and lied about the arrest at the oath ceremony and when questioned afterwards. Denatz'd, and rightly so.
 
rjackal said:
In summary: the guy was arrested between his interview and oath, and lied about the arrest at the oath ceremony and when questioned afterwards. Denatz'd, and rightly so.
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And that arrest was for something totally disqualifying, he might be placed in removal proceedings possibly as an aggravated felon (it is unclear) but at least for the fraudulent naturalization. We shall have to wait and see.
 
Does this case tell us that we should disclose ALL citations (including traffic citations) in N400? It appears that in N470, it is very specific to include traffic citations. I imagine the requirements of N400 and N470 should be the same. This is contradictory to some opinions on this board.


rjackal said:
No, he pleaded guilty to intending to commit mail fraud, which is a federal crime in itself. Part of that crime was obtaining a mailbox under another name. The fact that he pleaded guilty to a crime, but lied about it on the N-400 form, is what led to his denaturalization.

(I'm not a lawyer, just my interpretation of the slides)
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allaboutgc said:
Does this case tell us that we should disclose ALL citations (including traffic citations) in N400? It appears that in N470, it is very specific to include traffic citations. I imagine the requirements of N400 and N470 should be the same. This is contradictory to some opinions on this board.
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Concerning minor traffic citations - no, I don't get that impression at all. Do you?
In both of these cases, the men willfully broke federal laws and committed crimes worthy of imprisonment.
And I just read N470 and it says nothing about traffic tickets. What do you mean? Don't confuse people.
http://www.uscis.gov/portal/site/us...toid=1e6678264614d010VgnVCM10000048f3d6a1RCRD
 
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allaboutgc said:
Does this case tell us that we should disclose ALL citations (including traffic citations) in N400? It appears that in N470, it is very specific to include traffic citations. I imagine the requirements of N400 and N470 should be the same. This is contradictory to some opinions on this board.
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No, unless the tickets are over $500 or it's alcohol or drug related they will deny you if you forget to mention/fail to disclose one or the other.
 
Marusia_GC said:
Does the rule of 5-year residence after getting citizenship still exist? Do we still need to count days in a year of being outside the US???
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No, there is not a rule like that for US citizens. If you want, you can stay out of the US forever and still maintain your citizenship. However, remember that as a US citizen, the IRS still wants your tax money on world income.
 
nwctzn said:
No, there is not a rule like that for US citizens. If you want, you can stay out of the US forever and still maintain your citizenship. However, remember that as a US citizen, the IRS still wants your tax money on world income.
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Any idea what is the tax bracket? As a US citizen one has to file tax return but if there is less income then probably you will be waived from paying tax even if one stays outside US. Am I saying correctly?
 
nwctzn said:
No, there is not a rule like that for US citizens. If you want, you can stay out of the US forever and still maintain your citizenship. However, remember that as a US citizen, the IRS still wants your tax money on world income.
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Ok, that's what I thought. But it is interesting that in 1940-60s there was a law for citizens requiring to maintain their permanent residence for at least 5 years, according to this case (though frankly I just looked through it, did not read attentively). As for paying taxes, it is understandable. But I know that the US has "double-taxation" agreements with a number of countries. This means if taxes are paid in one country, under the Agreement, the same income is not subject to taxation in the other country - to avoid double payment.
 
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