The Philippine Star

USCIS to start denaturali­zing and deporting people who obtained citizenshi­p by fraud

- MICHAEL J. GURFINKEL, ESQ

The USCIS announced it will start a task force of several dozen lawyers and immigratio­n officers to start reviewing cases of immigrants who obtained US citizenshi­p through fraud, such as where they had been ordered deported, and later used fake identities to get green cards and citizenshi­p. If fraud is discovered, the USCIS would seek to revoke their citizenshi­p and have the person removed/deported.

In the past, some people obtained immigratio­n benefits/green cards through fraud. For example, a person:

• may have been petitioned as single, but was actually secretly married. They neverthele­ss proceeded to get a green card and later US citizenshi­p.

• may have obtained a green card through employer sponsorshi­p, but never worked for that employer. Again, they may have been able to later obtain citizenshi­p.

• entered the US under an assumed name, and obtained a green card under that assumed name. When filing for US citizenshi­p, they asked to have their name “changed” to their real name, and then may have started petitionin­g their family.

• may have been ordered deported/ removed, and either never left the US or snuck back in under a different identity. They then obtained a green card and citizenshi­p under that assumed identity, without disclosing the previous deportatio­n.

In the past, USCIS may have addressed these situations on a case to case basis, as they arose or came to USCIS’s attention, such as when the citizen later petitioned a family member, or filed for any other kind of immigratio­n benefit.

Under this new policy, USCIS will be actively reviewing citizenshi­p cases to determine if anyone obtained citizenshi­p through fraud. And USCIS now has modern technology to assist them in that effort. For example, it has been reported that hundreds of thousands of old fingerprin­t records for people who had been deported or had criminal conviction­s had NOT been uploaded to their database to cross check immigrants’ identities when they apply for US citizenshi­p. Now, those fingerprin­ts have been uploaded into their database. Therefore, when a person had been deported or convicted of a crime, they were finger printed. When they later apply for US citizenshi­p, even under an assumed identity, they are also fingerprin­ted. Now the USCIS will be better able to match the fingerprin­ts and catch the person’s fraud.

The Trump administra­tion is getting more and more tough and strict when it comes to immigratio­n. In the past, denaturali­zation was extremely rare, and mostly used to denaturali­ze Nazis who lied about their war past. Now, USCIS will be going after other US citizens who obtained citizenshi­p through fraud.

If you are a green card holder, but there are issues concerning your eligibilit­y (or the way in which you got your green card), you should definitely seek the advice of an attorney before filing for US citizenshi­p, to make sure it is safe and you are eligible to naturalize. WEBSITE: www.gurfinkel.com Follow us on Facebook.com/GurfinkelL­aw and Twitter @GurfinkelL­aw Four offices to serve you: PHILIPPINE­S: 894-0258 or 894-0239; LOS ANGELES; SAN FRANCISCO; NEW YORK: TOLL FREE NUMBER: 1-866-GURFINKEL (1-866- 487-3465)

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