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Supreme Court rules that lying during an N-400 interview cannot result in your citizenship being automatically revoked

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Posted

https://www.washingtonpost.com/politics/courts_law/supreme-court-sides-with-serb-who-lied-during-naturalization-process/2017/06/22/a05363a0-576d-11e7-b38e-35fd8e0c288f_story.html

 

The Supreme Court has ruled that the government must demonstrate that the lie be "relevant". It's an interesting read.

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Timeline
Posted (edited)

Interesting. I wonder if relevancy will be a consideration in evaluating misrepresentations in other USCIS applications.

 

Another question I have about this case is the issue of the woman's husband having served in the Serbian Army at a time when some in that army were committing war crimes, and then the couple turning around and requesting citizenship based on refugee status. Doesn't seem like your typical refugee. The article did indicate that the US may still have a case that her lie passes the relevancy test. But I'm not a lawyer so I have no expert opinion on this.

Edited by Russ&Caro

Marriage: 2014-02-23 - Colombia    ROC interview/completed: 2018-08-16 - Albuquerque
CR1 started : 2014-06-06           N400 started: 2018-04-24
CR1 completed/POE : 2015-07-13     N400 interview: 2018-08-16 - Albuquerque
ROC started : 2017-04-14 CSC     Oath ceremony: 2018-09-24 – Santa Fe

Posted

It seems to me this was a sound decision. Did her lie contribute to her husband gaining citizenship (the case only mentions her specifically)? If so and he is a war criminal, then he should be the one being deported not her, if we are going to count the question of relevance right?

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Posted

This ruling is very significant for people who tell relatively minor lies (traffic violations, disorderly conduct etc.). This woman told a major lie. She may be able to get a retrial but I highly doubt the outcome will be different.

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US Passport & Card: 2017 Applicants
======================================
==================================================
UserName......|Expedited|Sent....|CheckCash|TrackDate|PASSPORT|PPT-CARD|NAT CERT|Location

Private One...|No.......|09/30/17|10/04/17.|10/04/17.|10/14/17|No......|10/13/17|New York, NY

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Posted

I won't be the first to test that ruling

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