Revocation of Naturalization?

[Accord15]

Hello all, I have a bit of a unique situation, so I was wondering if I could seek advice...

I am posting for my fiance. He received his GC back in 2001 as a derivative from his father. My fiance was 18 at the time. His father received an employer-based GC.

My fiance applied for naturalization in 2006, and received his certificate in mid-2007, having gone through the oath. He also received a US passport, so I believe he is totally done with this process.

Now my fiance's father wants to apply for naturalization. At the time of my fiance receiving his GC in 2001, he was pretty ignorant of the process and just went along, and received the GC.

Through his own recent naturalization application, my fiance did a lot of research on the GC/ Citizenship process. He's beginning to think his father's GC was obtained incorrectly, as he does not remember whether his father continued working for the company which sponsored him. He's not even sure whether his father was working for that company while the GC was being processed.

Of course, my fiance could be wrong. But he doesn't talk with his father anymore.

So let's say worse case scenario my fiance's father did acquire the GC incorrectly and this comes out during HIS naturalization interview/ process.

Will this affect my fiance in any way? My fiance did not do anything wrong in the naturalization process, since they asked him for HIS employment/ school/ etc info, and he gave that 100 percent honestly.

Thank you

 

[boatbod]

I think you are worrying unnecessarily. Even if USCIS decide there was a problem with the father's GC, they are unlikely to come after the son since he is already a USC and will (in all probability) have held his citizenship over 1 yr. Revoking citizenship is difficult, time consuming and expensive - there would have to be a really compelling reason to do so (e.g. undisclosed felony conviction or similar).

 

[Accord15]

I think you are worrying unnecessarily. Even if USCIS decide there was a problem with the father's GC, they are unlikely to come after the son since he is already a USC and will (in all probability) have held his citizenship over 1 yr. Revoking citizenship is difficult, time consuming and expensive - there would have to be a really compelling reason to do so (e.g. undisclosed felony conviction or similar).

Thank you for the response. Is that 1 year thing important?

I actually should have mentioned my fiance's father has ALREADY applied for citizenship, and has gone through the fingerprint stage. I know it is extremely unpredictable when the interview would occur, but assuming it occurs BEFORE my fiance has had his USC for a year, could this cause issues?

Thanks you!

 

[JohnnyCash]

Govt. will/can revoke anyone's citizenship regardless of how long someone has been a naturalized citizen or if someone is already a US citizen IF the person was not eligible for it at first place.

Also, US citizenship doesn't get revoked just because of criminal conviction, misrepresentaiton or etc; instead it gets revoked because of ineligiblity for it as well, which might be the case in your fiancee's situation if his father wasn't eligible to obtain his green card at first place. Do not forget the fact that your fiance did NOT obtain his green card based upon his own merit; rather he obtained his green card based upon derivative status thru his father, and his US citizenship was based upon the green card (Permanent Residency) that he obtained derivately based upon his father. So, if his father is found to be not eligible to have a green card at first place then any beneficiary based upon his green card would be stripped out of ALL the immigration benefits.

Again, don't forget the fact that your fiance obtained his US citizenship based upon the green card he obtained as derivatively based upon his father, and not based upon his own merit.

Further, revoking someone's citizenship is not that hard as it's portrayed in the media. USCIS does revoke citizenship on a daily basis. All USCIS needs to do is to file a petition with the federal court and prove the case at the hearing. That's. Does it seem hard?? Besides, it's USCIS job to carry out the immigration laws regardless of how hard and tough the route seems to be, which they do on a daily basis when they place people on a deportation/removal proceedings and revoking their green card.

However, I personally don't think your fiancee's father would have any problem with USCIS...But then we don't know the whole facts of his case, neither you (as you admitted it earlier).

 

[boatbod]

I spent a couple of minutes trying to find some reference material covering revocation of citizenship, but the good news is there seems to be rather little available.

 

[Accord15]

Thanks for the replies.

I do remember reading somewhere that there is a 5 year Statute of Limitations on prosecutions for any fraud which occurred while procuring a GC? Is there any truth to this? Cause then I would think both my fiance and his father would be ok?

Also, would it help at all if I marry my fiance (which I was going to do anyways, haha)? I am a born-US citizen

 

[Jackolantern]

Denying citizenship is easy, but revoking a green card on the basis of incorrect approval is very difficult if it was approved more than 5 years ago (yes, there is a 5-year statute of limitations). They may deny his citizenship and revoke your fiance's, but the green cards should be intact unless USCIS/ICE wants to pursue a court battle in which a high burden of proof will be on them, or your father has committed a deportable crime.

 

[Accord15]

Denying citizenship is easy, but revoking a green card on the basis of incorrect approval is very difficult if it was approved more than 5 years ago (yes, there is a 5-year statute of limitations). They may deny his citizenship and revoke your fiance's, but the green cards should be intact unless USCIS/ICE wants to pursue a court battle in which a high burden of proof will be on them, or your father has committed a deportable crime.

Thanks for the response.

If this were to happen, would my fiance be able to later apply for citizenship due to my marriage with him?

 

[z350]

Hello all, I have a bit of a unique situation, so I was wondering if I could seek advice...

I am posting for my fiance. He received his GC back in 2001 as a derivative from his father. My fiance was 18 at the time. His father received an employer-based GC.

My fiance applied for naturalization in 2006, and received his certificate in mid-2007, having gone through the oath. He also received a US passport, so I believe he is totally done with this process.

Now my fiance's father wants to apply for naturalization. At the time of my fiance receiving his GC in 2001, he was pretty ignorant of the process and just went along, and received the GC.

Through his own recent naturalization application, my fiance did a lot of research on the GC/ Citizenship process. He's beginning to think his father's GC was obtained incorrectly, as he does not remember whether his father continued working for the company which sponsored him. He's not even sure whether his father was working for that company while the GC was being processed.

Of course, my fiance could be wrong. But he doesn't talk with his father anymore.

So let's say worse case scenario my fiance's father did acquire the GC incorrectly and this comes out during HIS naturalization interview/ process.

Will this affect my fiance in any way? My fiance did not do anything wrong in the naturalization process, since they asked him for HIS employment/ school/ etc info, and he gave that 100 percent honestly.

Thank you

Well, I guess, father of your fiance simply was working for Consulting company (known as "body shop") which hires high skilled professionals from USA and overseas only to lease them to other companies who need them either for short term projects or doesn't want to bother with immigration (H1B, etc). In such situation such workers go to work on "Ford Motors", for example, but aren't Ford employees. They paid by Body shop as well as immigration is done by body shop. In most cases body shop and Ford are in different states. As a matter of fact body shop will do immigration faster then company due to nature of employment (labor certification is much faster).

As for your post on this forum I should admit that you didn't find right place to post such questions. You're not anonymous in Internet for officials.
Read this.
http://www.immigrationportal.com/showthread.php?t=264949&highlight=Fbi+Monitoring+Forum

 

[Jackolantern]

They may deny his citizenship and revoke your fiance's, but the green cards should be intact unless USCIS/ICE wants to pursue a court battle in which a high burden of proof will be on them, or your father has committed a deportable crime.

Oops, I meant your fiance's father.

If this were to happen, would my fiance be able to later apply for citizenship due to my marriage with him?

Yes, if they revoked the citizenship without prejudice (which I hope they would do if they revoke it, given that the revocation would be based on his father's actions, not his own ... but they don't always act fairly, so you can't count on the revocation being without prejudice).

 

[Accord15]

Well, I guess, father of your fiance simply was working for Consulting company (known as "body shop") which hires high skilled professionals from USA and overseas only to lease them to other companies who need them either for short term projects or doesn't want to bother with immigration (H1B, etc). In such situation such workers go to work on "Ford Motors", for example, but aren't Ford employees. They paid by Body shop as well as immigration is done by body shop. In most cases body shop and Ford are in different states. As a matter of fact body shop will do immigration faster then company due to nature of employment (labor certification is much faster).

As for your post on this forum I should admit that you didn't find right place to post such questions. You're not anonymous in Internet for officials.
Read this.
http://www.immigrationportal.com/showthread.php?t=264949&highlight=Fbi+Monitoring+Forum

Thanks for the info. Wow, that is amazing the FBI monitors these boards. Honestly, I am probably concerned needlessly. My fiance doesn't think there is going to be any problems.

I spoke to my fiance further, and he says his father was working with an attorney when getting a GC and that everything was probably kosher.

 

[susan ward]

I spent a couple of minutes trying to find some reference material covering revocation of citizenship, but the good news is there seems to be rather little available.

Anyone can have their green card or citizenship revoked due to various issues, such as fraud, crime of moral perpitude etc.,

 

[Accord15]

Is there a law which allows an employee to switch jobs from the sponsor employer to another similar job while the GC application is pending?

I think I remember reading about this somewhere, and this may be what happened with my fiance's father

 

[boatbod]

Is there a law which allows an employee to switch jobs from the sponsor employer to another similar job while the GC application is pending?

I think I remember reading about this somewhere, and this may be what happened with my fiance's father

Yes, its called AC21 ("American Competitiveness in 21st Century Act").

Basically the act says that you can change jobs to one with similar roles/responsibilities providing your I-485 adjudication took more than 180 days. It is also worth noting that you do not have to work for the original sponsor company until AFTER the I-485 is approved, because an EB (employment based) GC is issued on the basis of a future offer of employment. These days you are supposed to notify USCIS if you invoke AC21, but back in 2001 it wasn't an issue as there were no USCIS guidelines for implementation.

 

[Jackolantern]

Anyone can have their green card or citizenship revoked due to various issues, such as fraud, crime of moral perpitude etc.,

If the revocation is based on those offenses, citizenship can be revoked only if those offenses were committed prior to being granted citizenship (except in cases so extreme, such as treason, that they would revoke citizenship even from a born citizen).

 

[Jackolantern]

Is there a law which allows an employee to switch jobs from the sponsor employer to another similar job while the GC application is pending?

I think I remember reading about this somewhere, and this may be what happened with my fiance's father

We thought you already knew about that law, based on the "lot of research" done by your fiance.

If the job he worked in after obtaining the GC approval met the "same or similar" criteria, you have nothing to worry about (assuming the man has no other disqualifying issues like a criminal record).

 

[Accord15]

We thought you already knew about that law, based on the "lot of research" done by your fiance.

If the job he worked in after obtaining the GC approval met the "same or similar" criteria, you have nothing to worry about (assuming the man has no other disqualifying issues like a criminal record).

Thanks, this does make me feel better.

No, I nor my fiance were aware of this law until a friend mentioned something to me just yesterday. I guess his "research" wasn't as thorough as he thought.

My fiance believes this is what happened with his father, as his father worked similar jobs for similar companies most of his life.

 

[JohnnyCash]

But citizenship can be revoked only if those offenses were committed prior to being granted citizenship (except in cases so extreme, such as treason, that they would revoke citizenship even from a born citizen).

Though it's absolutely true that US citizenship could be revoked if certain offenses were committed prior to being granted citizenship as mentioned here, however it's completely FALSE when it's said here that those offenses are the ONLY reasons to have US Citizenship to be revoked. Citizenship (and even Permanent Residency) can be revoked AT ANY TIME (regardless of Statue of Limitation or how long someone has carried it) if an immigrant wasn't qualified/eligible for it at first place.

Just because Immigration officers have had granted/approved a Green card application/Citizenship application then that doesn't mean they were right in their decision nor it means those approval cannot be revoked IF APPLICANT WASN'T QUALIFIED/ELIGIBLE FOR THE IMMIGRATION BENEFIT AT FIRST PLACE.

 

[JohnnyCash]

Oops, I meant your fiance's father.

Yes, if they revoked the citizenship without prejudice (which I hope they would do if they revoke it, given that the revocation would be based on his father's actions, not his own ... but they don't always act fairly, so you can't count on the revocation being without prejudice).

There is no such thing in immigration laws about denying/revoking an immigration benefit with prejudice or without prejudice. The only time immigrants are not allowed to seek an immigration benefit (whether as a first timer or repeatedlier) is when they are convicted for certain crimes (mainly aggrevated felonies), murder, and some bars which apply to them). That is.

And since the case in hand is not about a criminal conviction then obviously the OP's fiance (and even the father of OP's Fiance) can re-apply for an immigration benefit later on if USCIS decides to revoke whatever they have now. That means OP's Fiance will be able to marry OP to obtain Permanent Residency.

 

[Jackolantern]

Though it's absolutely true that US citizenship could be revoked if certain offenses were committed prior to being granted citizenship as mentioned here, however it's Completely FALSE when it's said here that those offenses are the ONLY reasons to have US Citizenship to be revoked. Citizenship (and even Permanent Residency) can be revoked AT ANY TIME (regardless of Statue of Limitation or how long someone has carried it) if an immigrant wasn't qualify/eligible for it at first place.

I was only referring to the time the revocable offense was committed. I wasn't saying those offenses are the only reasons for revocation. If the revocation is based on an offense committed (aside from treason and a few other exceptions), the offense must have been committed prior to citizenship. I've adjusted the sentence to clarify, OK?